NMS Labs - Terms

Liability Disclaimer, Intellectual Property and Privacy Policy

All visitors to the NMS Labs On-Line website are being provided access to the website, free of charge, subject to the following terms and conditions. By using this website, you signify your acceptance of our legal disclaimer and privacy statement (each may be amended at any time) and your agreement to adhere to these terms and conditions. Check back for updates to our legal disclaimer and privacy policy.

Copyright, Trademarks and other Intellectual Property

All Intellectual Property owned by NMS Labs, Inc. on this site may not be used without express written permission of NMS Labs, Inc.

All NMS Labs, Inc. names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of NMS Labs, Inc. You are not authorized to use any name or trademark in any advertising, publicity or other commercial manner without the prior written consent from NMS Labs, Inc.

All product and service marks contained herein that are not NMS Labs, Inc. marks are the trademarks of their respective owners. References that we may make to any names, marks, products or services of third parties or hypertext links to third-party sites or information do not necessarily constitute or imply NMS Labs’ endorsement, sponsorship or recommendation of the third party, information, product or service.

Disclaimer

We provide information about our company and the products and services offered, including legal and law enforcement tests and tests for healthcare professionals.

The information contained within the "Tests for Legal and Law Enforcement” and “Tests for Healthcare Professionals" are intended for use by professionals in each discipline. Individuals should exercise their own judgment when using our content, tools or databases.

If you are a patient or healthcare consumer, you should not use information found on this site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this site.

The information (including, without limitation, advice and recommendations) and services on this site are intended solely as a general educational aid and are neither legal nor health care advice. Specifically, information from this site is not a substitute for professional advice and services from a qualified health care provider.

While NMS Labs, Inc. attempts to keep all the information on the site up-to-date, this site should not be considered error-free or as a comprehensive source of all information on a particular topic. NMS Labs, Inc. makes no warranties or representations as to the accuracy of the content of the site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions. You assume the entire risk of loss in using this site and materials contained in the site.

Features and specifications of products or services described or depicted on the site are subject to change at any time without notice.

NMS LABS, INC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NMS LABS, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS SITE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Link Disclaimer

We may from time to time provide links to websites operated by other parties. The links are provided for your information and convenience only. The presence of a link does not imply endorsement of the material on the websites or association with the website’s operators. We do not operate, control or endorse any information, products or services provided by third parties through the internet. We are not responsible for the content and performance of these sites. Use of linked sites is strictly at your own risk including any risks associated with destructive viruses.

IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, 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.

Privacy Policy

We consider the privacy of our visitors to be extremely important. This privacy policy describes in detail the types of personal information collected and recorded by visitors to NMS Labs On-Line and how we use it. NMS Labs, Inc. is required by law to maintain the privacy of certain patient health information determined by the Health Insurance Portability and Accountability Act (HIPAA). This does not apply to non-diagnostic services such as certain drugs of abuse testing or clinical trials testing.

Collection of Personal Information

NMS Labs On-Line collects your personal information when you voluntarily provide it to us. If this is your first order, you will be asked to create an account online. We ask you to provide limited personal information, such as name, address and professional licensure of the agency requesting the test as well as basic information regarding the patient/case and sample: name, gender, age, and date/time of sample collection.

Use of Personal Information

When you create an account for use of our services, you must provide your consent before we will contact you by mail or email.

We may use your personal information within NMS Labs: (1) to provide you with the services and products you request; (2) to answer questions about our services; billing, payment methods or use of our website; (3) to process or collect payments for our services and, (4) to conduct customer surveys.

We will not disclose any personal information to any third party, unless (1) we have your authorization; (2) we are legally required to do so or, (3) it is necessary to protect our property rights related to this website. We also may share aggregate, non-personal information about website usage with unaffiliated third parties. This aggregate information does not contain any personal information about our users.

Protection of Information Online

We exercise great care to protect your personal information. This includes, among other things, using industry standard techniques such as firewalls, encryption, and intrusion detection. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us since email does not have the security features that are built into our websites.

Only those employees and contractors of NMS Labs, Inc. with a business reason to know have access to this information. We educate our employees about the importance of maintaining confidentiality of customer information.

We review our security arrangements from time to time as we deem appropriate.

If you are using our laboratory services through our NMS Labs On-Line web site, we recommend that you do not divulge your password to anyone or any of the answers to security questions that we may ask you. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Sign out of the NMS Labs On-Line website and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if others have access to your computer.

Note

We reserve the right from time to time to change this privacy statement. For example, as we update and improve our services, new features may require modifications to the privacy statement. Accordingly, please check back periodically.

Indemnification

You agree to indemnify, defend and hold harmless NMS Labs, Inc. 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 your violation of these terms and conditions.

Applicable Law

These terms and conditions and the resolution of any dispute related to these terms and conditions shall be construed in accordance with the laws of the Commonwealth of Pennsylvania.

This Web site 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 Commonwealth of Pennsylvania, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this site.

NMS Labs, Inc. makes no representation that material on this site 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 site from other locations do so on their own initiative and are responsible for compliance with local laws.

Termination

All terms and conditions are effective unless terminated, at any time by NMS Labs, Inc. If, in the sole discretion of NMS Labs, Inc., you fail to comply with these terms and conditions, NMS Labs, Inc. may terminate these terms and conditions without notice and deny you access to the site.

Contact Information

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at nms@nmslabs.com or write to us at:

NMS Labs, Inc.
Attention: Privacy Officer
3701 Welsh Road
Willow Grove, PA 19090

You may also call us at 800-522-6671