Welcome to Quest Diagnostics’ Account Service (“Account Service”). The Account Service is owned by Quest Diagnostics Incorporated, a publicly held company (NYSE: DGX), and its subsidiaries or affiliates involved in providing and supporting the Account Service (collectively, “We, Our or Quest Diagnostics”). Please read these terms and conditions carefully before using the Account Service. By accessing or using the Account Service, you agree to be bound by these terms and conditions (this “Agreement”).
1. Scope of Service
This Agreement applies to your use of the Account Service. We have other Web sites and services that may be covered by different terms and conditions of use.
The Account Services provides a variety of content, products and services, including diagnostic health testing and services, data analysis, employer health management solutions, bill viewing and payment, and the ability to connect with third parties.
Features and specifications of products or services described or depicted on the Account Service are subject to change at any time without notice.
You will not use the Account Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.
2. No Medical Advice
The Account Service does not offer medical advice. Any content accessed through the Account Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult Your doctor or other qualified health care provider if You have any questions about a medical condition, or before taking any drug, changing Your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Account Service. Call 911 or Your doctor for all medical emergencies. QUEST DIAGNOSTICS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE ACCOUNT SERVICE.
3. Your Account and Your Use of the Quest Diagnostics Account Service
You must provide accurate and complete registration information any time You register to use the Account Service. It is Your responsibility to provide Us with true, accurate and complete e-mail address, contact, and other information related to Your account(s), and to maintain and update promptly any changes in this information.
You are responsible for maintaining the confidentiality and security of Your password and account, and You are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Quest Diagnostics of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session. Quest Diagnostics shall not be liable for any loss or damage arising from Your failure to comply with any of these terms and conditions.
The following actions are expressly prohibited in relation to Your user name and password:
- Sharing, disclosing, permitting access to or otherwise facilitating the use by any person of Your user name and password;
- Using the user name and password to cache the Account Service in such a manner as to be accessible by persons who have not registered with Quest Diagnostics; or
- Using the user name and password to permit multiple persons access to the Account Service through a local or wide area network.
If You have forgotten Your user name or password, the Account Service will use an email address provided by You to send Your user name or temporary password. You understand that others using the same email address will be able to gain access to Your account information, but only if they provide the correct answers to Your security questions.
Your use of the Account Service and any content accessed through the Account Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Account Service, or You must be the legal guardian for someone under age 18 whose data is accessed through the Account Service. You may not interfere with or disrupt the proper operation of the Quest Diagnostics Account Service.
If You use Quest Diagnostics' mobile services to enter and maintain your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as user identifiers and passwords). If you leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others.
5. Intellectual Property
The Account Service is owned by Quest Diagnostics. We grant to You, for Your personal purposes only, a nonexclusive, limited and revocable right to access and use the Account Service during the term of this Agreement, so long as You comply with the terms of this Agreement. You agree not to use the Account Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Account Service without Our prior written consent.
All materials available through the Account Service may be accessed, downloaded or printed for the noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials may be made without express written permission of Quest Diagnostics. Any unauthorized use of the words or images from the Account Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The Account Services includes material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Account Service. The copyrights are owned by Quest Diagnostics, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of Quest Diagnostics appearing on the Account Service may be used in any advertising or publicity, or otherwise to indicate Quest Diagnostics' sponsorship of or affiliation with any product or service without express written permission of Quest Diagnostics. Nothing contained within the Account Service should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on or through the Account Service without the written permission of Quest Diagnostics or the third party owner of the trademark, if any. The Account Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by You.
6. Right to Change Terms and Conditions
Quest Diagnostics may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Account Service. You agree to review these terms and conditions periodically, and use of the Account Service following any such change constitutes Your agreement to follow and be bound by this Agreement as amended.
7. Computer Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Account Service. This responsibility includes, without limitation, Your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of Your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access the Account Service, and for the transmission and receipt of information using such Systems. You acknowledge that You have requested access to the Account Service for Your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that You are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your System.
8. Content and Services Accessed through the Quest Diagnostics Account Service
The Account Service may include content that You find offensive, including health-related content that is sexually explicit. You may choose to allow a third-party service provider (such as a Personal Health Record or PHR) to retrieve, provide, modify or otherwise use health and other information in Your account or otherwise share Your information with the service provider. Once You enable a specific third-party service provider to access Your account, the service provider may continue to access Your account until You affirmatively disable access. Third-party service providers include both health care providers and other entities. It is Your sole responsibility to review and approve each such third-party service before sharing Your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. QUEST DIAGNOSTICS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
9. Links to Other Sites
The Account Service may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third party content and links as a courtesy to our users. We have no control over any third party-owned web sites or content referenced, accessed by or available through the Account Service and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THE ACCOUNT SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If You link to third party sites from Quest Diagnostics, You should consult the policy statements of each site You visit.
10. Disclaimer of Warranty; Limitation of Liability
THE ACCOUNT SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. QUEST DIAGNOSTICS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE ACCOUNT SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE ACCOUNT SERVICE IS AT YOUR OWN RISK. ACCESS TO THE ACCOUNT SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF QUEST DIAGNOSTICS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE ACCOUNT SERVICE OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE ACCOUNT SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE ACCOUNT SERVICE, OR YOUR INABILITY TO USE THE ACCOUNT SERVICE FOR ANY REASON.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE ACCOUNT SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Quest Diagnostics and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to (i) Your violation of this Agreement and (ii) Your use of the Account Service, and (iii) Your posting of material to the Account Service.
12. Applicable Law
This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of New Jersey. Any dispute between Quest Diagnostics and You related to this Agreement shall be resolved exclusively by the state and federal courts of the State of New Jersey.
The Account Service can be accessed from the United Stated and other countries worldwide. Since the laws of each State or country may differ, You agree that the statutes and laws of the State of New Jersey, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Account Service.
The Account Service is intended only for use within the United States. Quest Diagnostics makes no representation that material accessed through the Account Service is appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the Account Service from other locations do so on their own initiative and are responsible for compliance with local laws.
13. Modification and Termination of the Quest Diagnostics Account Service
Quest Diagnostics reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that Your conduct or Your use of the Account Service violates applicable laws or is harmful to the interests of Quest Diagnostics or any other users. Quest Diagnostics also may place limits on, modify, suspend or terminate the Account Service generally, and may suspend or terminate Your use of the Account Service if You fail to comply with this Agreement. This suspension or termination may delete Your information, files, and other previously available content. If Quest Diagnostics terminates the Account Service or Your use of the Quest Diagnostics Account Service, this Agreement will also terminate, but Sections 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, and 15shall continue to be effective after this Agreement is terminated.
14. General Legal Terms
If You have not signed a separate written agreement with Quest Diagnostics related to the Quest Diagnostics Account Service, this Agreement is the entire agreement between You and Quest Diagnostics related to the Quest Diagnostics Account Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between You and Quest Diagnostics related to the Quest Diagnostics Account Service, this Agreement will control.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
15. Contact Information
Quest Diagnostics Incorporated is headquartered in Madison, New Jersey, in the United States of America.
Quest Diagnostics Incorporated
3 Giralda Farms
Madison, NJ 07940
Specific questions and comments should be directed to the appropriate department via our Contact Us page. While we make every effort to respond to all emails within 1 business week, we cannot guarantee a response to every electronic communication.
[September 19, 2010 / Version 2010.3]