Terms and Conditions

Purpose

Alcala Labs provides this Web site, “alcalalabs.com” (the “Web site”), to allow our customers and other users to view health-related information, communicate with our staff and arrange for services.

The information provided on this Web site is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web site.

If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE WEB SITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.

Revisions, changes, and updates

We may revise the information on this Web site or otherwise change or update the Web site, including these Terms and Conditions, without notice to you. Alcala Labs may also make improvements and/or changes in products and/or services described on this Web site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Web site will signify your continued agreement to these Terms and Conditions as they may be revised.

Links

This Alcala Labs web site provides links to other web sites that are not owned or controlled by Alcala Labs (“Third Party Web sites”). We provide links to Third Party Web sites as follows.

Alcala Labs provides links to Third Party Web sites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Web site and a link to such a site is offered only as a convenience to you.

Alcala Labs also provides links to Third Party Web sites managed by vendors that we have made arrangements with us to offer you services to help you manage your health or to take and fulfill orders when you purchase items or materials from us. These Third Party Web sites may be co-branded, meaning that they display the Alcala Labs logo and the logo of the Third Party vendor but they are owned and controlled by the Third Party.

In each such instance, we will let you know when you are leaving our site and linking to a Third Party Web site. For example, we may include a notice advising you that you are being sent to a Third Party Web site on our web page adjacent to a link or on the first page that appears after clicking on a link. Or we may use an icon that we identify with an appropriate legend to let you know when you are leaving our site.

Alcala Labs is not responsible for the content, security or the privacy practices of Third Party Web sites. Please review the privacy statement and any terms of use of each Third Party Web site you visit. Unless we specifically advise you otherwise, links to Third Party Web sites do not constitute or imply endorsement by Alcala Labs of those sites, the information they contain or any products or services they describe. Alcala Labs does not receive payment or other remuneration in exchange for your linking to or using any Third Party Web sites.

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the Web site, we make no guarantees as to its correctness, completeness, or accuracy. The Web site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Web site by third parties without our knowledge. If you believe that information found on the Web site is inaccurate or unauthorized, please inform us by contacting our Web manager.

Use by children

 We do not knowingly allow children under the age of 18 to create accounts that allow access to the secured features of this Web site.

User participation in interactive services

Any personal information you submit to the Web site is governed by our privacy practices. This includes information on rights to see and receive copies of personal health information. To deactivate your account, please contact our Web manager. To the extent there is an inconsistency between these Terms and Conditions and the privacy practices, these Terms and Conditions shall govern.

Users may use this Web site to view certain information displayed from medical records, including the results of certain laboratory tests. Your use of the lab test result feature is considered to be a request by you to receive your lab test results online.

In addition, although this Web site displays certain information from medical records, it does not necessarily display all information found in a medical record. If you think that medical record information displayed on the web site is inaccurate, you can request Alcala Labs to amend the medical record. To request a complete copy of a medical record, please contact us.

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate, or violate any rights of any party.

In consideration of being allowed to use our interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • signing on as or pretending to be another person
  • using secure messaging for any purpose in violation of local, state, national, international laws or posted Alcala Labs policies
  • transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
  • transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Alcala Labs personnel) or entity as determined by Alcala Labs in its sole discretion
  • using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
  • collecting information about others, including e-mail addresses
  • intentionally distributing viruses or other harmful computer code

Alcala Labs expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Web site due to any act that would constitute a violation of these Terms and Conditions.

By accepting these terms and conditions, you agree to receive essential communications by e-mail.

Passwords

Alcala Labs has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Alcala Labs online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes and password; (2) authorize, monitor, and control access to and use of your Alcala Labs online account and password; and (3) promptly inform the Web manager of any need to deactivate a password.

Disclaimer

THIS WEB SITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALCALA LABS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEB SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY ALCALA LABS UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability; choice of law

ALCALA LABS AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THIS WEB SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

Except as otherwise indicated, all content on this Web site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Alcala Labs or its licensors and is protected by United States and international copyright laws. Alcala Labs allows you to view or download a single copy of the material on the Web site solely for your personal, noncommercial use.

The compilation of all content on this Web site is the exclusive property of Alcala Labs and is protected by United States and international copyright laws. Unless specifically authorized in writing by Alcala Labs, any use of these materials, or of any materials contributed to this Web site by entities other than Alcala Labs, on any other Web site or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Alcala Labs. Content and features are subject to change or termination without notice in the editorial discretion of Alcala Labs.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, Labs has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent:             Matthew D. Rifat

Address:         Law Offices of Matthew D. Rifat, APC

3703 Camino del Rio South, Suite 200

San Diego, California 92108

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks

“Alcala Labs” and the Alcala Labs logo are registered service marks of Alcala Labs or its affiliates. Other proprietary marks of Alcala Labs or third parties may be designated as such from time to time on this Web site through use of the TM, SM, or ® symbols. Users of this Web site are not authorized to make any use of the Alcala Labs marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Alcala Labs or the applicable third party.

Copyright © 2017 Alcala Labs. All rights reserved for all countries.

Last updated: December 11, 2017