Terms of Service and Conditions of Use
Please read the following Terms and Conditions carefully
The “Terms of Service” and “Privacy Agreement” will govern our relationship and are a contract governed solely by Florida law. Please read them carefully.
4PMD, LLC requires that all visitors, users, clients, and customers to sites, apps, API’s, and communications of 4PMD, LLC (our “Services”) adhere to the following terms and conditions of use. By accessing and using the Services, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Services (your "Company"), to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Services. These blood tests are for informational purposes only.
You agree that a blood test purchased through 4PMD, LLC does not constitute medical advice and will not diagnose, treat, or cure any disease or condition. You also agree that lab test results can be inaccurate through no fault of 4PMD, LLC. You understand the Services provided by 4PMD, LLC are provided at your request and not suggested by our staff physician. As an online service we do not have a traditional doctor-patient relationship and do not provide CPT codes, ICD diagnosis codes, or other provider information to file insurance claims.
ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT NATURE, AND 4PMD, LLC SERVICES MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAY MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THESE SERVICES FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.
Limitation of Liability
As partial consideration for your access to our Services and use of Content, you agree that in no event will 4PMD, LLC, its medical advisers, officers, directors, employees or its contractors, suppliers, content-providers and other similar entities, representatives and agents of each of the foregoing (collectively, our "Contractors"), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Services or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive or illegal conduct of other users of the Services or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Under no circumstances will 4PMD, LLC or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties) arising out of or in connection with these Terms or the use of the Services or the Content, or the transmission of information to or from the Services over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of 4PMD, LLC and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if 4PMD, LLC or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Services, or your use of the Services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify 4PMD, LLC, and our officers, directors, employees, representatives and agents, against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Services; (b) your access to and use of the Content, the Services, and other materials, products, and services available on or through the Services; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, PIN or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Use of Trademarks
Except for the limited permission to use the logo as set forth in these Terms, you may not, without our express written permission, use any of 4PMD, LLC trademarks or service marks for any other purpose.
The use of the Services by you and your Company is at your and its sole risk. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, 4PMD, LLC, ITS MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIE SERVICES OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICES OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICES OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
These Terms will be construed and enforced in accordance with the laws of the State of Florida without regard to choice of law rules. Each of you and your Company submits to personal jurisdiction in Florida, and any cause of action arising under these Terms or otherwise involving the Services will be brought exclusively in a court in Hillsborough County, Florida.
Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Services.
These Terms do not confer any rights, remedies or benefits upon any person other than you.
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities.
Discontinuation of use of the Services is your sole right and remedy for any dissatisfaction with the Services or any of the Content.
You agree to abide by the purchase and credit policies of 4PMD, LLC. A refund will not be provided at any time.
A credit can be requested through your personal dashboard. A credit can be requested as long as a specimen is not collected for the order. If an order is over 120 days old or if a specimen has been collected for an order, a credit for that order will not be made available.
Using Our Services
Conveniently order lab tests and manage your order history in our website by using your personal account. Please refer to our Basic Ordering Instructions for more information. (hyperlink to Basic Ordering Instructions[KF1])
Payment must be made at the time of service by any of the following credit cards: American Express, Visa, MasterCard, or Discover. You must maintain a valid credit card on file prior to ordering lab tests. You authorize 4PMD, LLC to keep your signature on file and charge your credit card for every test ordered on the date the order is submitted to 4PMD, LLC. Your credit card will be charged when the test order is submitted. Charges are itemized by patient and will appear on your receipt. Please carefully review your receipt and save it for your records. If you have any questions or concerns about your invoice you must contact us within 30 days to notify us of the charges you wish to dispute. If you fail to notify us within 30 days, you waive all rights to dispute charges.
Further, if your credit card on file is declined, you agree and authorize 4PMD, LLC to attempt to charge your credit card until all unpaid transactions are satisfied. In the event your credit card is declined, 4PMD, LLC reserves the right to suspend your lab testing privileges or terminate your account completely. Should you not remedy unpaid balances within 30 days, interest and any credit card charges or chargebacks may be added to your bill and accrue at the rate of 1% simple interest per month. In addition to the costs associated with the lab tests, you may incur a per patient phlebotomy charge at the draw site/facility. The phlebotomy charge is added to your bill and not collected at the draw station.
4PMD, LLC reserves the right in its sole discretion to refer any past due account to collections or an attorney at law.
You must maintain current contact information, credit card information, and professional license information with 4PMD, LLC at all times. You may file a Cancel Membership Form to terminate your lab testing privileges with 4PMD, LLC, but in any event the remainder of these Terms of Service will remain in effect perpetually.
Please visit our website at www.4PMD.com for helpful information including our test directory, test information, price list, and educational resources. Links to technical information for most lab tests are available in the test description found on our website. You may also visit LabCorp’s test menu online for more information regarding specific tests:
NOTE: We cannot collect and/or ship specimens for other companies. You will need to contact those companies directly for assistance.
For Ordering Physicians
As the ordering physician you are ultimately responsible for all aspects of the care and well-being of your patient.
You agree to follow the Basic Ordering Instructions and complete all forms according to 4PMD, LLC guidelines for electronic requisitions, and if you do not, your membership maybe suspended or terminated at the sole discretion of 4PMD, LLC. You assume all financial responsibility for the costs of tests ordered regardless of when testing occurs.
You agree to submit a true and correct copy of your professional license for documentation purposes to obtain requisitions and order laboratory tests for your patients. You agree to advise 4PMD, LLC of any changes in the status of your license, office address, phone number, billing information, or credit card information within a reasonable time or sooner as required by these Terms of Service or law. You represent that your license is in good standing and valid upon requesting a lab test from 4PMD, LLC. You also represent that your license authorizes you to perform the testing requested from 4PMD, LLC and that you will comply with all laws associated therewith. You will follow all laws and rules governing the use of laboratory work as determined by your licensing board. You further agree and understand that 4PMD, LLC provides an administrative service. As such, 4PMD, LLC does not make any representations or warranties as to the results of any lab tests or the efficacy of any course of treatment. All responsibility for the well-being and care of your patient is borne by you, the ordering physician. You hereby represent to 4PMD, LLC that you have obtained all proper authorizations required by law from the patient before using the services offered by 4PMD, LLC and accept all responsibility for any acts or omissions resulting therefrom. You hereby agree to defend and hold 4PMD, LLC harmless for your errors and omissions related thereto. You also agree to indemnify, defend and hold 4PMD, LLC harmless for any act or omissions resulting from your negligence in following the terms of this agreement or in the treatment of patients. You represent that you have read and agreed to the 4PMD, LLC Privacy Agreement. You understand that service is not available in NY, NJ, NH, VT, MD, MA, or RI. You understand that 4PMD, LLC does not accept insurance or file insurance claims.
STI Testing Terms & Conditions
You understand and acknowledge that by agreeing to use this website to seek testing services you accept these conditions and terms of service.
· You will be asked by the Service for demographic information and the nature of the request for testing services. You must be truthful, as aliases are not accepted.
· You understand that this Service serves solely as an ordering resource for patients desiring certain medical screening and/or testing for certain infections or diseases.
· You understand that this Service offers blood testing only. You will seek advice from a qualified physician who is licensed and has prescriptive authority in the state in which you have or will be tested.
· You attest that the patient is 18 years old or older (or 16 and older in some instances), and the one being tested.
· You understand that certain signs and symptoms that may be present such as, temperature over 100.4 degrees (F), abdominal pain, nausea and/or vomiting, might require a visit to an emergency room for proper evaluation.
· You understand that some screening tests may return as positive and this may automatically trigger additional confirmatory testing. This extra testing may create additional fees for additional testing. You understand that confirmatory testing will require additional processing time.
· You understand that if you requested a HIV test that proper consent for testing was provided. And that all necessary information has been provided and reviewed:
o HIV is the virus that causes AIDS. The only way to know for certain is to be tested for HIV.
o HIV testing is important, especially to a pregnant woman.
o HIV testing is voluntary. Consent can be withdrawn at any time. Several testing options are available, including confidential testing.
o State law protects the confidentiality of test results and also protects test subjects from discrimination based on HIV status.
o The ordering physician or their designate will talk to the patient about notifying the patient’s sexual partners (and/or affiliated intravenous drug users) of possible exposure if the test is positive, and/or refer the patient to the proper public health authorities to help facilitate partner notification.
o The purpose of this form is to document that the ordering physician has requested a blood test (on blood drawn from a vein in the patient’s arm) for the Human Immunodeficiency Virus (HIV). HIV is the cause of Acquired Immune Deficiency Syndrome (AIDS). The requested blood test(s) are used to detect HIV antibody or HIV DNA by either ICMA, Multispot Rapid Test, ELISA, Western Blot or other laboratory technology.
o Tests can produce false positive and false negative results. It is also known that screening tests fail to detect anti-HIV for a period immediately after infection with the virus (early post-exposure period). Re-testing or alternative HIV RNA testing is a recommended option if it is suspected that post exposure testing has pre-dated the required period for conversion to positive HIV status.
o It is acknowledged that the results of the HIV test will become part of the patient’s medical record. The confidentiality of the medical record will be maintained as per HIPAA regulations. It is understood that with you consent, other physician’s or other designated health care provider may review the results for medical reasons. It is understood that as required by applicable law, positive test results must be reported to the appropriate State Health Division.
· You understand that any and all personal medical history and personal data collected by the Services or from the referral physician will be treated confidentially as required by HIPAA (Health Insurance Portability and Accountability Act of 1996).
· You understand that every effort will be made to have testing results returned within 3 to 5 business days after specimen collection at the patient service center or after a home collected specimen is received for processing. You understand that, at times, the results might be delayed beyond 5 days and the lab may require a return visit for repeat sample collection.
· You understand that by acceptance of these terms of service that if you do not hear about the results in 5 business days that it is your responsibility to notify 4PMD, LLC by emailing or calling 4PMD, LLC staff for instructions about receiving the results. You understand that if the results are not delivered, you cannot assume the test was negative or normal.
· You understand that if you test for STI’s (sexually transmitted infections) that you will not be tested for every possible STI but will be tested only for the ones that have been selected.
· You understand that testing for STIs involves various incubation periods for individual infections or diseases, meaning after potential infection, there is a time frame that needs to be waited prior to getting tested otherwise tests that should show as positive might not have enough time to do so. You understand the need for retesting in 3 months, 6 months and at one year in certain situations where a latent period could be involved.
· You understand that as with all lab testing, there are times that there are false positive tests and false negative tests. This means that there are times that a person could have the condition and the test be negative (false negative) or the person could be free of the condition and the test is positive (false positive).
· You understand that Federal, State and local public health authorities have regulations that require certain STI’s and/or other infectious diseases to be reported with patient demographic and personal information.
· You understand that there is extensive information to review about all he STI’s at two respected websites:
o The Centers for Disease Control and Prevention (CDC) website at http://www.cdc.gov
o The American Sexual Health Association at http://www.ashasexualhealth.org
· You understand that results of this testing and all informational material is used for informational purposes and not a substitute for specific medical care.
By accepting these Terms for referral for testing and/or screening services, you hereby certify that you have read this entire agreement that you understand and agree to all of the terms and conditions. You knowingly and voluntarily use this acceptance as your consent for initiating a relationship with 4PMD, LLC for appropriate laboratory screening.
Questions regarding the Services or these Terms? Contact us:
4910B Adamo Dr East
Tampa, FL 33605
Telephone: (813) 498-1070