Last Updated: March 15, 2019
Welcome to ScionLabServices.com (the "Site"). Scion Lab Services, LLC performs toxicology, chemistry, serology, endocrinology, hematology, and molecular testing services (each, a “Test(s)”), which may include a clinical risk assessment for certain hereditary disorders with a genetic component, non-clinical genetic information beyond health risks, sample collection kit (“Test Kit”), laboratory Tests, acceptance or viewing of the Test result report (“Results”), and the use of any genetic counseling or customer support services provided by or on behalf of Scion (collectively, the “Service(s)”).
For purposes of these Terms of Service, reference to “Scion,” “Scion Labs,” “we,” and “us”) means Scion Lab Services, LLC d/b/a Scion Genomics. Your access and/or use of the Site or any of service offered by Scion is governed by the following terms and conditions (“Terms of Service”).
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE UTILIZING THE SITE OR ANY OF THE SERVICES PROVIDED BY SCION. BY ACCESSING AND USING THIS SITE OR THE SERVICE(S) YOU ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND CONDITIONS AND ANY OTHER APPLICABLE SERVICE TERMS;
- THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SCION; AND
- IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THESE TERMS OF SERVICE.
Depending on the Services you choose, additional terms and conditions may apply. Only an authorized healthcare provider may order a clinical diagnostic Test. Scion must receive a properly completed order form and biological sample meeting our acceptance criteria before we can perform a clinical Test.
Intended for Individuals 18 and Older
This Site is intended for use by individuals eighteen (18) years of age or older. By using the Site and the Services, you represent and warrant to us that you are of legal age to enter a binding contract with Scion and you are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. All applicable terms policies and rules are considered part of these Terms of Service and incorporated herein by reference. If you do not meet these requirements, you must not access or use the Services. Generally, you must be at least eighteen (18) years of age to submit a sample however, certain tests may be performed for minors (individuals under the age of eighteen (18)) provided the minor’s parent or legal guardian provide written consent for the Test.
No Medical Advice
Scion does not provide medical services, diagnosis, treatment, or advice. You should not make medical decisions without consulting a healthcare provider. You should always speak with your physician or other qualified healthcare provider regarding any questions you may have about the treatment, mitigation, or prevention of any medical condition or concern. You should not rely on information found within this Site as professional medical advice. Always seek the advice of a qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. If you think you may have a medical emergency, call your physician or 911 immediately. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
The information and services on this Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of this Site, does not create a doctor-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment.
Nothing contained in the Results of any Test offered through Scion or made available through the Service is intended to constitute the practice of medicine or the provision of medical care or to otherwise create a patient-healthcare provider relationship. The information provided by any Test, the Site, or Service is not a substitute for medical advice by a qualified healthcare professional. You should always consult with a qualified healthcare professional for any questions you may have about the treatment, mitigation, or prevention of any disease, genetic disorder or other genetic traits.
Healthcare Provider Submissions
If you are a healthcare provider and are submitting a Test Kit and/or an order for a Test to Scion, or any other Protected Health Information as may defined under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) on behalf of your patient, you represent and warrant that: (i) you are legally authorized to order the Test; and (ii) you have proper consent from your patient to share patient health information with Scion, as required under HIPAA, and any other applicable data privacy requirements.
If you are a healthcare provider ordering a clinical Test or obtaining a patient sample and providing it to Scion on your patient's behalf, you may submit the sample directly as instructed by Scion. Certain information about the individual undergoing the Test may be required to order a Test and/or bill for the services. You agree to provide accurate information and that you will keep it accurate and up-to-date. In the event you are asked to create a password to access Results, you shall be solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us at [email protected]. Scion reserves the right, in its sole discretion, to reject and/or deny Tests on any Samples submitted using Test Kits for any reason.
Rules Governing Site Content and Use; Your Representations and Warranties
The Site may enable you to access information, including news and articles, about general health conditions and treatments. When you use the Site, you represent and warrant that you: (a) understand that we do not make any representation or warranty regarding the qualifications, caliber or suitability of any health care provider listed on the Site to provide the services you are seeking; (b) understand that we do not provide any type of health care or medical advice, treatments or services; (c) understand that your decision to contact, seek out or obtain services of any type, including, but not limited to medical or health care services, from any person, entity or facility listed or discussed on this Site is solely your decision and should be based exclusively on your own research into that particular person, entity or facility and NOT on information obtained from this Site or from anyone who posts information to this Site; (d) understand that the information posted to this Site by other users may not be accurate and could be influenced by a number of things, including personal bias, personal relationship with a particular provider, or other factors which may undermine the objectivity and trustworthiness of the information or opinion posted to this Site; (e) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; (f) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (g) will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications. Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potentially civil and/or criminal prosecution.
You may not (a) publish any logo or other proprietary graphic or trademark belonging to Scion or any of its subsidiaries, affiliates, or other partners, or (b) use any Scion content including from Scion’s Site or Result reports (or any portions thereof) for non-personal or commercial use, in either case (a) or (b) without first obtaining the express prior written consent of Scion. Scion does not guarantee continuous, uninterrupted or secure access to its Service or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within Scion’s control.
Scion reserves the right, in its sole discretion, to terminate your access to the Site and/or the Services, for any reason or no reason and without notice to you. If Scion discovers that you provided false information related to a Test, for example, by misrepresenting information you share with it or providing another person’s sample and not correctly identifying the source of the Sample, Scion may immediately terminate the Test and your access to the Services.
Additional Service Terms
Additional terms, policies, rules or guidelines may apply to a particular Service or Test. By using such Service(s), you agree to be subject to such terms, policies, rules and guidelines applicable to that Service (“Service Terms”). In the event that these Terms of Service are inconsistent or conflict with those Service Terms, such Service Terms shall control.
Scion does not guarantee or represent that the Services are covered by any health insurance policy. You are responsible for checking with your insurance provider to determine if you have coverage under your insurance benefits for the Service(s) or Test(s) you have selected. As a courtesy, Scion may verify your health benefits with your insurance carrier. The information that we receive is not a guaranty of payment. You understand that you are responsible for any amounts not paid by insurance for any reason, including but not limited to co-pays, deductibles, and co-insurance.
If you choose to submit the Test or other Service for reimbursement through your insurance provider, you authorize Scion to obtain a pre-authorization from your insurance carrier, and to share your contact information, testing information, and any other relevant information with your designated insurance provider. You expressly agree and authorize benefits to be payable to Scion Lab Services, LLC and that in the event you receive an insurance payment for the Test or Services, you agree to immediately endorse and forward said payment to Scion Lab Services, LLC within fourteen (14) days. You authorize Scion and/or its agents to appeal on your behalf, any decisions made by the carrier. If your insurance carrier fails to remit payment for Services within 90 days, you will be bill for the balance on the account. If Scion offers a self-pay option and you or your physician has selected the self-pay option, you are responsibility for all financial obligations associated with the Test.
You agree that you will not seek reimbursement of the Services from any federal or state health care program or provider (e.g., Medicare, Medicaid, Tricare, etc.) in violation of applicable federal and state laws, rules, or regulations.
Limited Right to Use; Ownership; Proprietary Rights
All of the Content on this Site, the Services, and the trademarks, service marks, and logos contained on this Site (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Content. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that: (a) prevent or restrict use or copying of any Content, or (b) enforce limitations on use of this Site or the Content on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Scion reserves all rights to the Marks and any other proprietary materials not granted expressly in these Terms.
You agree that you will only use or access the Site for personal, non-commercial purposes. You agree that you will not:
- Upload or transmit content if any type that may infringe or violate the rights of any party
- Use the Site for any purpose that violates local, state, federal, or international laws
- Attempt to disable, “hack,” disrupt, or otherwise interfere with the proper functioning of the Site
- Violate any applicable laws or regulations or these Terms of Service
- Use manual or automated software, devices, scripts, robots, or other means or processes to access or “scrape” any content on the Site or relating to the Services
- Reproduce, duplicate, copy, sell, re-sell, transfer, distribute, or otherwise exploit any content of the Site, Services or Tests for any commercial purpose without the express prior written consent of Scion.
You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, licensors, and suppliers, and our/their respective members, officers, directors, agents, partners, and employees, harmless from any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of: (a) your use of this Site or Content in violation of the Agreement, (b) a breach of the Agreement, including but not limited to any breach of your representations and warranties set forth above, (c) any dispute you may have with another user on the Site or any provider, and/or (d) your violation of any right of another individual and/or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim
Disclaimers; No Warranties
ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. INFORMATION ON THE SITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT OR CONTRIBUTIONS, (B) PERSONAL INJURY OR HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
SCION LAB SERVICES AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SCION AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY TESTS OFFERED BY OR THROUGH SCION, PRODUCT OR SERVICE DESCRIPTIONS OR SPECIFICATIONS, OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
The use of the Site and the Content is at your own risk. When using the Site, information may be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
Commentary and other materials posted on the Site, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Site or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
Limitation of Liability
IN NO EVENT SHALL WE, OUR OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN OR OF ANY WEBSITE, PRODUCT, OR SERVICE, REFERENCED OR LINKED TO OR FROM THIS SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE PERFORMANCE OF SERVICES OFFERED THROUGH THE SITE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US OR TWENTY-FIVE DOLLARS ($25.00), WHICHEVER IS GREATER. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE ONLINE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Dispute Resolution and Arbitration
Scope of Arbitration Agreement and Class Action Waiver. You agree that any and all disputes arising in connection with these Terms of Service, your use or inability to use Service and/or Site, and your acceptance and use of the Test shall be resolved by binding arbitration except as otherwise set forth herein. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE ACCEPTING THE USE OF ARBITRATION, AND YOU AND SCION ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AND THE RIGHT TO A TRIAL BY JURY.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, the Site, the Test, and the Results, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.
Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court, pursue enforcement actions through applicable federal, state or local agencies where such actions are available, seek injunctive relief in a court of law, or to file suit in a court of law to address intellectual property infringement claims.
Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written demand (“Demand”). The Demand to us should be addressed to: Legal Dept., 4111 SW 47th Avenue, Unit 335, Davie, FL 33314 (“Demand Address”). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If we and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, we or you may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the address above. The arbitration shall take place in Broward County, Florida.
The arbitrator is bound by the terms of the Agreement.
All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both we and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.
Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
Injunctive Relief. Notwithstanding the arbitration provision herein, we may seek injunctive relief for any violation of our intellectual property or other proprietary rights.
One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
Survival of Arbitration Agreement and Class Action Waiver. YOU AND SCION EXPRESSLY AGREE THAT ANY CLAIMS MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This section will survive termination of the Agreement.
Governing Law. All issues concerning the construction, validity and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of Florida, without regard to conflicts of law rules.
Survival. If a court decides that any part of the Arbitration Agreement and Class Action Waiver provisions is invalid or unenforceable, the other parts of the Arbitration Agreement and Class Action Waiver provisions shall still apply.
Disputes Between You and any Provider. You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any product or services provider listed on the Site or about whom or which, as the case may be, any user posts information or authorizes the Site to post information. You agree to hold us harmless in the event you suffer any adverse consequences, including medical or financial damages or liability, as a result of any interaction you may have with any person, entity or facility about whom or which, as the case may be, you found information on this Site.
Modification of the Terms of Service
Scion may, at any time, revise, modify, or update the Terms of Service and any other policies, without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Site and your use of the Service and/or the Site following any such change constitutes your agreement to be bound by the modified Terms of Service. These Terms of Service will identify the date of last update. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion and without notice. We will not be liable if the Services or any portion thereof are unavailable at any point or time or for any period.
Disputes arising under these Terms of Service will be resolved in accordance with the version of the Terms of Service in place at the time the dispute arose. You agree to review these Terms of Service periodically to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Site and our Service(s).
Relationship of the Parties. Nothing in the Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
No Third Party Beneficiaries. The Agreement is between you and us. There are no third party beneficiaries to the Agreement. Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.
Governing Law. All issues concerning the construction, validity and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of Florida, without regard to conflicts of law rules. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Scion agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broward County, Florida for the purpose of litigating all such disputes.
Non-Waiver. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. In the event that any part of these Terms of Service are held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms will survive such termination or expiration.
The services hereunder are offered by Scion Lab Services, LLC. You may contact us by emailing us at [email protected].
These Terms are effective unless and until modified or terminated by Scion, at any time. Scion, in its sole discretion, may terminate, suspend or restrict any provision of these Terms of Service, the Services, and/or Site at any time and without notice to you.
By using our Site or Services you consent to transact business with Scion electronically.