Terms & Conditions
Your agreement to the Terms and Conditions through accessing and using the Site is a binding contract. If you do not consent to these terms, please refrain from using the Site. We reserve the right to change these terms at any time, which will take effect immediately upon being posted on the Site. By accessing or using the Site, you are agreeing to be bound by all of the current Terms and Conditions. Remember to check for updates each time you use the Site. In legal proceedings, print versions of these Terms and Conditions will hold the same weight as other business documents originally generated in printed form.
Disclaimers
It is provided “as is” without any guarantees. ACCESS TO THIS SITE IS VOLUNTARY. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE IS FOR GENERAL UNDERSTANDING AND EDUCATION. ALL ACCESS IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE USER’S SOLE RISK.
Information, products, services, or merchandise that are not clearly identified as information, products, services, or merchandise supplied by us are not operated, controlled, provided, endorsed, warranted, or guaranteed by us. Neither we nor our affiliates warrant or guarantee that the files that can be downloaded through the Site will be free of viruses, worms, Trojan horses, or other contaminating or destructive code.
Users are responsible for maintaining a means external to the Site to reconstruct any lost data. We, and our content providers, do not guarantee or warrant against errors, omissions, delays, interruptions, or losses, including data loss.
With or without notice, we reserve the right to modify or discontinue the Site, or any part thereof, at any time.
No Medical Advice or Medical Service is Provided
Although this site was created to provide accurate information on topics such as pharmacogenetics and other medical or genetic testing and wellness tests, it should be noted that neither RPh LABS, INC., nor its employees, agents, independent contractors or service providers, nor the Site itself are offering medical advice, diagnosis or treatment. The Site is not meant to replace professional medical guidance.
Our recommendation for non-physicians is to seek guidance from a qualified healthcare professional for any concerns about personal health or medical issues. It is important to consider seeking medical advice from your physician or another qualified provider based on information found on this site. In the event of a possible medical problem, it is crucial to promptly contact a qualified healthcare professional. If you are in the United States and require immediate medical assistance, please call 911 or utilize the nearest telephone to call for emergency help.
It is not the responsibility of RPh LABS, INC., its employees, agents, independent contractors, or service providers to practice medicine or dispense medical treatment or diagnostic services on this Website. The Site, nor any communication with RPh LABS, INC., its employees, agents, independent contractors, or service providers, should be construed as establishing a physician-patient/health care provider-patient relationship.
Relying on information from RPh LABS, INC., its employees, agents, independent contractors, service providers, or other visitors to the Site is at your own risk. Any messages or opinions expressed in discussion areas should not be considered professional advice, regardless of the credentials of the person providing the information. These messages reflect the views of their author and do not necessarily represent those of RPh LABs, INC. The company does not endorse any specific medical procedures or opinions communicated through the Site.
A force majeure event
By agreeing to these terms, you acknowledge that RPh LABS, INC. will not be held responsible for any losses, damages, costs, claims, or other liabilities resulting from delays, interruptions, or failures of the Site and its services due to factors beyond our control. Such circumstances may include fire, weather conditions, government actions, or other events outside the reasonable control of RPh LABS, INC., as well as those of our employees, agents, contractors, or service providers.
Liability Limitations and Warranties
RPh LABS, Inc. does not provide any express or implied warranties, representations, or endorsements of any kind for the site. This includes without limitation, warranties of title or noninfringement, as well as warranties of merchantability or fitness for a particular purpose. Neither RPh LABS, Inc. nor its employees, agents, independent contractors, third-party information providers, merchants, licensors or similar parties guarantee that the site will operate reliably and without interruption or error. No one acting on behalf of RPh LABS, Inc., including agents and representatives, has the authority to make any warranty about the site. RPh LABS, Inc. reserves the right to modify or discontinue any aspect or feature of the site at any time.
In no event shall RPh LABS, Inc. or any other party involved in the creation, production, storage, or distribution of the Site be held responsible for any damages or expenses (including lost profits and damages from data loss or business interruption) resulting from the use of the Site. This includes situations where there may have been negligence on our part. These damages may arise from delays or an inability to use the Site, as well as information, software, products, or services obtained through the Site. Regardless of whether these damages are based on a contract, tort, strict liability, or any other cause, we will not be liable for them even if we were advised of their possibility. By using this Site, you agree that no licensor, supplier or information provider to RPh LABS, Inc., its affiliates, officers, directors employees agents independent contractors or any successors or assigns shall be held responsible for any reason under any theory whatsoever based on information provided on or through the Site.
RPh LABS, INC. IS NOT RESPONSIBLE FOR THIRD-PARTY WARRANTIES OR ANY EFFECT THE SERVICES MAY HAVE ON THOSE WARRANTIES. ALL THIRD-PARTY PRODUCTS ARE SUBJECT TO THE TERMS AND CONDITIONS BETWEEN THE USER AND THE MANUFACTURER. “THIRD-PARTY PRODUCTS” ARE ANY HARDWARE, SOFTWARE, OR SERVICES USERS PROVIDE OR NEED TO USE WITH THE SITE.
Agreement with Users
Users are expected to abide by all laws and regulations when using this site. This includes refraining from uploading or transmitting any content that violates the rights of others. In addition, users are not permitted to use this platform for improper purposes, including the distribution of unsolicited materials or identifiable health information protected under HIPAA regulations. We also ask that users avoid posting material that is offensive or harmful to others, as determined by our sole discretion. Lastly, it is important for users to refrain from impersonating another individual while using this site.
As a result of any services provided by this Site, users will not hold us or any of our affiliates, subsidiaries, or parent company liable for any damages, including loss of wages, negligence, revenue, business, and more. Using the Site will be your sole and exclusive remedy if you are dissatisfied with its services.
RPh LABS, INC. does not directly control or own the products and/or services provided by the Site. As such, Users agree that RPh LABS, INC. shall not be liable for any use, misuse, or issues arising out of the products or services offered through the Site, including but not limited to genetic testing accuracy.
In using the Site, users agree to indemnify us and our affiliated entities, as well as their officers, directors, employees, agents, and contractors against any costs or consequences resulting from a third party claim related to their use of the Site or violation of these Terms and Conditions. Furthermore, users are responsible for fulfilling all duties and obligations outlined in these Terms and Conditions.
Representations of users
By using this Site, you represent and warrant that you are at least 18 years old and that you possess the legal right and ability to agree to the Terms and Conditions.
Privileges are terminated
RPh LABS, INC. holds the option to end your access to any or all parts of this Site in the event that you violate any of these Terms and Conditions. If RPh LABS, INC. becomes aware that you have shared unlawful or infringing material, or acted in a manner that violates a third party’s rights, the Company may terminate your access and privileges on the Site, including any established accounts.
As well as deleting data and communications that fail to conform to the Terms and Conditions (but is not obligated to do so), RPh LABS, INC. also reserves the right to edit or delete any communication regardless of whether it violates the Terms and Conditions. In its sole discretion, RPh LABS, INC. may cease providing any portion of the Site.
As a result, we shall not be liable to you or any third party for the termination or discontinuance of the service.
Health Information Protected
We understand that Protected Health Information (PHI) is personal and private, and we are committed to maintaining its accessibility, integrity, and security. Consequently, we guarantee that your PHI will only be used as specified in our Privacy Policy, as authorized by you, and that, to the best of our ability, your PHI will be de-identified in accordance with HIPAA standards and stored in an encrypted, secure environment.
Provisions for miscellaneous items
This Site may be interfered with by numerous factors outside our control, and we do not guarantee continuous, uninterrupted or secure access to our services. RPh LABS, INC. may automatically assign the Terms and Conditions and all incorporated agreements between you and us, in our sole discretion, in the event of a merger, acquisition, or liquidation.
Any time and for any reason, we may modify the Site or remove features. Any access to services provided on our Site may be canceled or suspended at any time. It may be without cause and/or without notice that we cancel or suspend your access. In the event that you cancel, your use of the site’s services ceases immediately.
Failure to act in response to a breach of the Terms and Conditions by you or others does not waive our right to act in the future.
Together with RPh LABS, INC.’s Privacy Policy and any applicable End User License Agreement, these Terms and Conditions constitute the entire understanding and agreement between RPh LABS, INC. and any Site user.
The Terms and Conditions shall remain in full force and effect if any provision of the Terms and Conditions is deemed unenforceable by a court or other tribunal of competent jurisdiction, so such provisions shall be limited or eliminated to the minimum extent possible.
As described elsewhere in the Terms and Conditions, the Terms and Conditions may not be modified in whole or in part. The Terms and Conditions supersede any information found on the Site that is inconsistent or contradictory with those terms. The section titles in the Terms and Conditions do not limit the terms of these Terms and Conditions. If you have confidentiality obligations related to the Site, those obligations remain in force.
Trademarks and copyrights
RPh LABS, INC. holds the trademarks for RPh LABS and RPh Logo, which are protected by state and federal trademark laws, whether or not they are registered. The Site may also display other trademarks with permission from their owners. However, your access to this Site does not give you the right to use any of these trademarks. If you require consent for use, please reach out to us. Please note that unauthorized use of the trademarks on this Site may result in trademark infringement and potentially significant civil penalties.
All material on the Site, aside from content in the public domain under United States copyright law, is protected by both United States and foreign copyright laws. Unless expressly stated otherwise in these Terms and Conditions, you are prohibited from copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, modifying, rewriting, creating derivative works from, transferring, or selling any material on the Site without prior consent from the copyright owner. Furthermore, none of the material on the Site may be reverse-engineered, disassembled, decompiled
Services and Test Kits
By ordering any test kits or services through the Site, you agree to the Terms and Conditions set forth by RPh LABS, INC. This includes any Pharmacogenetic (PGx) Testing Kit® and any other offerings that may be available now or in the future. As determined by RPh LABS, INC., select healthcare providers and users may access their test results and additional services through the Site. Our team will make every effort to deliver test results in a reasonable timeframe consistent with standard business practices. By placing an order for a test kit or service on the Site, you authorize us to share all necessary data, information, and results with third parties and healthcare professionals. To use the Site and access your test results and other services from RPh LABS, INC., you must comply with these Terms and Conditions and any applicable End User License Agreement. Failure to adhere to these terms may result in immediate termination of your access to the Site and related services without refund from RPh LABS, INC.
Policy on refunds
Change of Mind Refunds: We do not offer refunds for change of mind or buyer’s remorse due to the nature of our product and our policy not to provide refunds once a physician order has been requested, a bar code has been assigned, and a shipping label has been created.
If a refund is approved for a damaged or defective product, please note that it may take up to 5 business days to process the refund. We appreciate your patience and understanding.
Notifications
The obligations outlined in these Terms and Conditions apply to electronic form. Legal requirements may necessitate us to send you information about the Site and its services through electronic means. This required information will be delivered to you via email, if you have provided one during sign-up, or through a designated website specified in an email notice. Alternatively, we may also provide access to a generally designated website for this purpose.
When you receive e-mails, they are deemed to have been given and received when they are transmitted. You will have the necessary software and hardware to receive these notices for as long as you access and use the Site. Using the Site without consenting to receive electronic notices is prohibited.
Third-party links and advertisements
The Site may contain hyperlinks to web sites offered by parties other than RPh LABS, INC. RPh LABS, INC. is not responsible for the privacy practices or content of these websites. These links are provided for your ease and reference only. The inclusion of such hyperlinks does not imply endorsement of their material or any association with the website operators. This includes websites that may indicate a special relationship or partnership with RPh LABS, INC., such as co-branded pages or “powered by” or “in cooperation with” relationships. Any products or services featured in advertisements, articles, or other content on this Site are not endorsed by RPh LABS, INC. unless specifically stated otherwise. We do not make any representations about the reliability, quality, or accuracy of these products and services.
Individuals who are responsible for linked web sites are not given personally identifiable information or unique identifiers by RPh LABS, INC. RPh LABS, INC. cannot control the collection of personal information by the linked web sites. Always review the privacy policies of any web sites you may link to from this Site to ensure that your privacy is protected.
The cookies
At rphlabs.com, we utilize cookies to enhance your user experience. These cookies allow us to track your activity on our website, including when and how you visit, which search terms you use, and how you were directed to the site from other websites. We also use cookies to display specific information about our services and make your browsing experience more convenient and enjoyable by remembering your contact details.
The jurisdiction
From its principal office in Texas, United States of America, RPh LABS, INC. controls and operates the Site. No representation is made that materials on the Site are appropriate or available for use in other locations by RPh LABS, INC. Those who choose to access the Site from other locations are responsible for compliance with local laws, if and to the extent local laws apply.
By accepting these Terms and Conditions, you acknowledge that they are governed by and will be interpreted in accordance with the laws of the State of Texas, without consideration for its choice of law or conflict of law provisions. In any claim or action related to the Site or under these Terms and Conditions, both parties agree to submit to the exclusive personal jurisdiction of the courts located in Dallas, Texas. Any objections to this jurisdiction or venue are waived by both parties. In the event that legal action is taken to enforce these Terms and Conditions, the prevailing party will be entitled to reasonable attorneys’ fees and costs.
Getting in touch
Please contact us at: hello@rphlabs.com with any questions about the Terms and Conditions, the practices of the Site, or your dealings with RPh LABS, INC.