USER AGREEMENT AND AUTHORIZATION FOR USE OF MY INFORMATION BY INDUR SERVICES, INC.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CHECKING THE BOX.
By checking the box, you are indicating that you have read and understand this User Agreement (this "Agreement") on the "Create Your Account" web page, and are agreeing to the following terms as an agreement between you as a subscriber of the online services of Indur Services, Inc. ("Indur") and you’re checking the box is your indication that you assent to be bound by this Agreement. You are referred to in the following agreement as "I" or "me."
As a condition to my subscription to and my right to use Indur and products defined below, Indur and I agree as follows:
1. Services Provided. Indur operates an online wellness service enabling its ("Subscribers") to purchase laboratory diagnostics, nutritional supplements, skin care products, report their health history and engage third party healthcare providers ("Health Advisors") to obtain advice regarding the results of such diagnostics and other wellness-oriented advice (the "Indur"). Subject to the terms of this Agreement and my payment of the Services Fees defined below, during the term of my subscription, Indur grants me a non-sublicensable, non-transferable, non-exclusive subscription to access and use Indur solely for my personal wellness, and not for resale or to provide services to third parties.
I agree that I will not, and will not attempt to: (a) interfere in any manner with the operation of Indur, or the hardware and network used to operate Indur; (b) sublicense or transfer any of my rights under this Agreement or otherwise use Indur for the benefit of a third party or to operate a service bureau; (c) modify, copy or make derivative works based on any part of Indur; (d) create Internet "links" to or from Indur, or "frame" or "mirror" any of Indur content which forms part of Indur; or (e) otherwise use Indur in any manner that exceeds the scope of use granted above. I agree to comply with the Indur System Rules posted from time to time at www.getindur.com or any web page accessed through that site.
2. Potential Risks & Discomfort. I understand that the risks and discomforts associated with a blood test are very low, you might be at risk for excessive bleeding, fainting, or feeling light-headed, hematoma (blood accumulating under the skin) or infection (a slight risk any time the skin is broken). While the possibility of this happening is very low, I am aware of the possibility.
Having blood drawn may cause discomfort or lightheadedness. It also may result in bruising or soreness for a few days. In rare instances, an infection can result. I agree to notify person drawing my blood if i feel discomfort or other symptoms mentioned above..
Indur may advise you to follow up with your doctor after reviewing the results of your blood test. As a result, you may learn about health conditions and problems or potential health problems that you were not aware of before your blood test. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems.
In addition, you could have a disease or condition even though your test results are in the normal range. You could have test results outside the normal range and still not have a disease or condition. Results outside the normal range, though, could lead to additional cost or discomfort if your physician orders follow-up tests and or medical treatment.
There may also be additional risks that are currently unforeseeable.
Recommendations regarding diet, exercise, supplements and lifestyle provided to you by Indur as a result of our blood sample analysis or questions you answer may or may not be beneficial to you and may cause or exacerbate certain medical problems. You are following these recommendations at your own risk and understand that these recommendations do not qualify as medical advice provided to you by Indur. These recommendations are based upon third party research and clinical studies and are simply provided to you by Indur. If at any time you feel unwell or ill you should seek medical help immediately and discontinue these recommendations.
I understand that the risks presented by participating in and using Indur and I assume those risks.
3. Primary Care Physician. I represent and warrant that I am in good health, have had a recent health checkup, and have a primary care physician, and I understand and agree that Health Advisors are only providing limited wellness services and are not a substitute for seeking the advice of my primary care physician or other qualified health care professionals. I agree that I will never delay seeking advice from my primary care physician or other health professionals due to information provided through Indur.
4. Statements Not Reviewed by FDA. The statements made on this site have not been evaluated by the Food and Drug Administration. The products & the information provided on this site are not intended to treat, diagnose, cure, prevent or mitigate any condition or disease. As always, consult with your healthcare professional before taking any medication or nutritional supplement.
5. Changes.Indur, and the business, development and activities of Indur, are subject to change during my subscription as determined from time to time by Indur in its discretion. Indur has no obligations to create or include additional features or functionality for Indur or correct any errors. Indur may modify the terms of this Agreement on at least 30 days notice, and if I do not accept such modified terms I agree that I may cancel my subscription, but if I do not cancel my subscription, I agree that I am bound to such modification.
6. Registration and Health Information. I have provided or will provide to Indur personal information that may include my name, address, telephone number, fax number, email address, insurance information, and other information required by Indur to register me as a Subscriber ("Registration Information"), and medical history, behavioral information, nutritional information and other health, family and personal background information (" Health Information"). Health Information that does not include any personally identifying information such as my name, the names of my health care providers and relatives, is my "De-Identified Information." I understand that I can update or revise my Registration Information and Health Information through a process available on Indur website. I represent and warrant that (i) my Registration Information and Health Information will at all times be true, accurate and complete, and (ii) I am the person whose name and information I have provided and (iii) I am an adult 18 years of age or older residing in the United States.
7. Use of Services. Genetic, metabolic and other health testing by laboratories ("Testing Laboratories") will be performed independent of Indur. I will submit samples to Testing Laboratories through a process established by Indur from time to time, and I may be required to execute waivers and authorizations provided to me at the time my samples are collected. The samples I submit to Testing Laboratories may include blood, saliva, hair and other biological samples and are referred to as my "Laboratory Samples." I will not submit my Laboratory Samples directly to Indur. I understand that testing on my Laboratory Samples may be ordered by my Health Advisor without any input or approval from me. Upon my execution of the proper HIPAA Authorization, the results from such testing ("Testing Results") will be sent to Indur by Testing Laboratories and Health Advisors. I may also purchase other goods and services from third parties made available to me by Indur (" Goods and Services").
8. Third Party Programs. I may subscribe for certain Indur and Goods and Services through a program sponsored by a third party such as my employer, a group to which I belong or other third party. I understand that my subscription and participation through such program will be subject to the terms of such program, which may include provision to a third party administrator, your employer or other group information about me, including whether and to what extent I have participated. Indur will not provide information regarding my health in a form that can be identified to me, without my specific approval through a click through or other “opt-in” mechanism.
9. Feedback. I may in my discretion choose to provide written or verbal feedback, comments, or input to Indur relating to current or future Indur or other opportunities for Indur ("Feedback"). I hereby assign to Indur all right, title and interest in any Feedback, including any Intellectual Property Rights (defined below) therein.
10. Costs and Payments. I acknowledge and agree that I will be responsible for all applicable fees for Indur and the Goods and Services I purchase (the fees for Indur are the "Services Fees") and for any applicable cancellation fees for cancellation of appointments without the required advance notice. Fees are established and subject to modification by Indur from time to time as determined by Indur. I understand that Indur will bill me for all Services Fees and for all Goods and Services, and I will pay such invoices when they are due. Indur may bill me in advance and may provide Indur and Goods and Services only after I pay my outstanding bills. Fees for Goods and Services may include fees for Health Advisors and Testing Laboratories, and even if Indur provides a single charge for a "package" of services to me, I understand that such fees are separate and collected by Indur as an agent for such Health Advisors and Testing Laboratories. By providing my credit card account information for payment of Services Fees and other charges, I represent and warrant that the credit card for which I provide account information is my credit card and I authorize Indur to charge to such credit card all applicable charges for the Goods and Services I have ordered.
12. No Medical or Health Services. I understand that Indur is not a Health Advisor or a Testing Laboratory, and Indur does not provide medical, health or other professional services or advice, nor does Indur itself perform any testing on my samples to provide Testing Results Indur brings together Health Advisors and Subscribers while facilitating data gathering and conducting data analyses that may help Health Advisors and Subscribers work together to help Subscribers take a more active role in their well being. I understand and agree that Health Advisors are not the employees of Indur and are not providing services on behalf of Indur, but instead are independent professionals solely responsible for the services each provides to me I understand that the contents of this website, including any reports generated by the services and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references, are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. To satisfy the laws of certain states, we may engage the services of a licensed physician or other person authorized by law to order the services or to receive your blood test results, prior to making these results available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information you receive from Indur. You should not ignore professional medical advice or delay in seeking it because of any information provided to you by Indur. Furthermore, you should not interpret your blood test results or information provided by Indur as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
13. HIPAA Acknowledgment. I also understand that Indur is not a "covered entity" as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act ("HIPAA"). However, I understand that my Health Advisors and Testing Laboratories are "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, I understand and agree that my Health Information provided to Indur by Testing Laboratories or my Health Advisors is subject to or protected by HIPAA. I agree to provide a separate HIPAA AUTHORIZATION available at https://wwws.Indur.com/hipaa_authorization before accessing Indur, which Indur is authorized to provide to my Health Advisors and Testing Laboratories but I understand that my Health Advisors and Testing Laboratories may require my execution of additional documents authorizing their disclosure of My Information. My Health Advisors and others I authorize will have access to My Information, and Indur may use My Information as provided in this Agreement and my applicable HIPAA Authorization.
14. AACC Licensed Content. Descriptions of clinical laboratory tests were originally prepared for use on Lab Tests Online, an award winning patient education website on clinical laboratory testing. Lab Tests online is produced by the American Association For Clinical Chemistry (AACC0, a global scientific and medical professional organization dedicated to clinical laboratory science and its application to healthcare. The Lab Tests Online website (https://labtestsonline.org) is developed in collaboration with other laboratory professional societies and is funded in part through corporate sponsorships.
15. Limitations. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR DIRECT DAMAGES IN AN AMOUNT GREATER THAN $10,000, EXCEPT FOR A VIOLATION OF SECTION 15. NEITHER INDUR NOR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR THE ACTIONS OR OMISSIONS OF TESTING LABORATORIES OR HEALTH ADVISORS, AND I HEREBY AGREE THAT I WAIVE ANY AND ALL CLAIMS AGAINST ANY OF THEM ARISING FROM OR RELATING TO THE SERVICES PROVIDED TO ME BY TESTING LABORATORIES OR HEALTH ADVISORS.
16. Termination. Unless earlier terminated pursuant to this Agreement, the term of this Agreement ("Term") will commence upon my checking the "Accept" box and will continue for the period of time I am a subscriber to Indur. Either party may terminate this Agreement at any time on written notice with or without any reason. Upon termination:
a. Indur will not thereafter share Registration Information with any other party.
c. My access rights to Indur shall terminate.
d. All outstanding fees will become due and payable.
e. All Sections which by their nature survive termination of this Agreement shall survive.
I understand that, upon termination, I will not receive any refund or partial refund for any charges already billed to my account. I understand and agree that termination of this Agreement is my sole right and remedy with respect to any dispute with Indur. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Indur's enforcement or application of this Agreement; (2) any policy or practice of Indur or Indur's enforcement or application of these policies; (3) my ability to access and/or use Indur; (4) any Indur software or services provided by or through Indur; or (5) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
17. Notices. If there is an actual or suspected breach of the security of My Information, or any unpermitted disclosure or use of My Information, and Indur is required to provide notice of such actual or suspected breach or unpermitted disclosure or use to me under applicable federal or state law I hereby agree that such notice may be provided by Indur by email to the email address provided by me during my member registration, or as updated by me thereafter by written notice to Indur.
18. No Warranties. ALL SERVICES AND PRODUCTS PROVIDED BY INDUR ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY EXPRESS OR IMPLIED, AND INDUR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. Without limiting the preceding sentence, I acknowledge and agree that Indur is not responsible for the actions or omissions of my Health Advisors or Testing Laboratories.
19. Ownership. Indur owns all right, title and interest to its software, processes, methodologies, documents and other materials, and all patent, copyright, trademark, and other rights of any nature arising from or relating in any way thereto ("Intellectual Property Rights"). No right to the Intellectual Property Rights of Indur is granted to me except to permit me to use Indur as a Subscriber.
20. Severability. Any provision of this Agreement determined to be void, invalid or unenforceable will be deemed modified to the minimum extent necessary to be effective, valid and enforceable, and the other provisions of this Agreement will in full force and effect and enforceable according to their terms.
21. Miscellaneous. Any term of this Agreement may be amended or waived only with the written consent of the parties. This Agreement, including any exhibits hereto, constitutes the sole agreement of the parties and supersedes all prior agreements, understandings, representations and communications with respect to the use of Indur or the purchase of Goods and Services by me. Any notice required or permitted by this Agreement will be in writing and will be deemed sufficient upon receipt, when delivered by email to the most recent email address provided to the sending party by the receiving party. The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.
22. Binding Arbitration and Equitable Relief. Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Dallas, Texas under the rules of the American Arbitration Association, except as set forth in the next sentence. Pending resolution by such final and binding arbitration, either party is entitled to seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction, without the posting of bond or other security, and the parties agree to the personal and subject matter jurisdiction and venue of the courts located in Dallas, Texas, for any such action.