Welcome to Lenco Laboratory’s official website. The following Terms and Conditions apply to your use of this website and all associated mobile apps and the information and content available on the website and such apps.
As used in these Terms and Conditions, “Lenco” includes LencoLab.com and any associated mobile applications (i.e., “app”), LENCO DIAGNOSTIC LABORATORIES, INC. and its affiliates, parents, subsidiaries, successors and assigns. “Lenco” as referred to herein includes use of its website and apps for all purposes. Lenco may be referred to in these Terms and Conditions as “we,” “us,” “our” and the like. You may, in some instances, be referred to as a “user” herein.
2. Acceptance Procedure
By visiting, registering for, accessing, viewing and/or otherwise using our website/apps and its information and content and by communicating with Lenco in any manner, you accept, without limitation or qualification, the following Terms and Conditions, which constitutes an agreement between you and Lenco. We may change these terms from time to time. Please read and review these Terms and Conditions carefully before using this website/apps and communicating with us. If you do not agree to these Terms and Conditions, you may not access or use the website/apps or communicate with us.
We reserve the right, at our sole discretion, to change these Terms and Conditions from time to time, and your continuing use of our website, apps, services and/or your communication with us constitutes your acceptance of and agreement to any changed terms and conditions.
3. Not Professional Medical or Healthcare Advice
BY MERELY USING THIS WEBSITE/APP, YOU ARE NOT A PATIENT. THE ADVICE YOU RECEIVE FROM YOUR HEALTH PROFESSIONALS SHOULD SUPERSEDE ANY INFORMATION YOU SEE ON THE WEBSITE/APP.
CONTACT 911 OR YOUR DOCTOR IN CASE OF ANY HEALTH EMERGENCY.
No Patient Relationship. Your use of the information and services available does not create a patient relationship with Lenco. You should consult in person with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on Lenco or due to information that is communicated to you by us.
Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. Lenco is not intended for emergency situations.
We may include a variety of information and content on and via our website/apps including articles, videos, informative/educational materials, data, references, interactive community tools and advertising. This website/app also may contain general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website/app.
ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED MEDICAL OR CLINICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATION.
LENCO DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON LENCO.
While we hope you find it helpful, you should not use the information contained on Lenco for selecting a specific course or method of treatment. Healthcare professionals using this website and services should also remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE/APP DO SO AT THEIR OWN AND SOLE RISK.
4. Use at Own Risk; Limitation of Liability
YOUR USE OF LENCO IS AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE.
USE OF THE WEBSITE, APPS, FEATURES AND OTHER ITEMS, SERVICES AND PROVIDERS MADE AVAILABLE THROUGH OR VIA LENCO IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND NONINFRINGEMENT, OR OTHERWISE, AND LENCO SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH USE, RESULTS OR RELIANCE.
WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO LENCO, OUR WEBSITE/APPS OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH THE LENCO FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. It is your responsibility to evaluate the information provided on the website/app. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website/app with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or other qualified healthcare professional.
IN NO EVENT SHALL LENCO BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE/APPS AND ITS FEATURES. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LENCO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND THIS LIMITATION AND OTHER PROVISIONS/TERMS OF THIS AGREEMENT SHALL ONLY BE MODIFIED BY A COURT OR ARBITRATOR AS NECESSARY TO MAKE IT ENFORCEABLE TO THE MAXIMUM EXTENT POSSIBLE. Without limiting the availability of protection under the prior provisions of this paragraph as available to greatest extent then-permitted by law and regulation, in no event shall Lenco’s aggregate liability to you, if ever determined, for all damages, losses, or causes of action collectively exceed one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. The parties have agreed that the limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. If the foregoing modification of terms is not possible in order to meet the expectations of Lenco herein, then the invalidating clause shall be severable and void ab initio and not be deemed to affect other provisions hereof.
YOU SPECIFICALLY ACKNOWLEDGE THAT LENCO SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM SERVICES RENDERED OR DISPENSED/SOLD BY ANY THIRD PARTY EVEN IF MARKETED OR LINKED TO ON OUR WEBSITE/APP OR COMMUNICATED TO YOU BY US IS SOLELY YOUR OWN.
5. Links to Other Websites; Healthcare Providers and Products
TO THE EXTENT THAT LENCO SUGGESTS A NAME OF A PROFESSIONAL OR ENTITY THAT YOU MAY WISH TO CONSULT OR A PRODUCT YOU MAY WISH TO UTILIZE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH A THIRD PARTY’S PROVISION OF SERVICES AND PRODUCTS ARE NEITHER THE RESPONSIBILITY NOR UNDER THE CONTROL OF LENCO, AND THAT SUCH DOES NOT CONSTITUTE AN ENDORSEMENT OR REPRESENTATION ABOUT THE QUALITY OF THEIR PRODUCTS, SERVICES, QUALIFICATIONS, CREDENTIALS OR EXPERIENCE -- THE SERVICE AND PRODUCT PROVIDED IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY AND YOU SHALL LOOK SOLELY TO THEM FOR ANY REFUNDS, CLAIMS OF MALPRACTICE, INJURY OR OTHERWISE.
Lenco may contain links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of Lenco. Similarly, this website may be accessed from third-party links over which Lenco has no control. Lenco cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website -- the information provided is entirely the responsibility of the operator of the external website visited and Lenco shall have no liability for any losses, damages or injuries of any kind arising from such third-party content or information. Further, Lenco does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items - or any other product or service - a link to such third party website on Lenco does not constitute a recommendation by Lenco of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.
YOU ASSUME THE SOLE RISK OF ACCESSING SUCH THIRD-PARTY WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES.
6. Sponsorships and Advertising
You understand that paid sponsorships and advertising may be used to supplement the information, content, and materials available on Lenco. Lenco is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the Lenco website/app. Lenco is not responsible for the content of any third-party sponsor’s or advertiser’s website/app to which Lenco links. In all cases involving materials available on or otherwise distributed through the Lenco website/app, the disclaimers, limitations of liability and other provisions of these Terms and Conditions shall apply. With respect to any other content, products, goods or services available on any third-party website/app, under no circumstances will Lenco be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.
Please note that patient email addresses may be used for marketing purposes. Patients may opt out of receiving any marketing-related emails by selecting the “unsubscribe” option at the bottom of any e-mail.
7. Copyright Ownership; Notification of Possible Copyright or Other Infringement
You acknowledge and agree that Lenco consists of proprietary property of Lenco protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to Lenco are and shall remain with Lenco.
Lenco owns and/or may license certain of the information and content on the Lenco website. All content on, as well as the design of, our website/app is protected under United States and international copyright laws. For information appearing on our website/app under license from a third party, all copyrights in that information remain with that third party. You may look at our website/app, download individual materials to your computer or phone for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting/posting it on your own or another website/app, or using it in any other manner for any commercial purpose without our prior written permission.
Lenco owns the names and logos we use for our products and services on our website/app, and these names and logos are protected by United States and international trademark laws. All trademarks used on our website/app and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.
The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Lenco actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
In the event you believe that material or content published on the website/app may infringe on your copyright or trademark, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Eugene Strupinsky, send a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material including a screen shot and/or video) to eugene@strupinsky, or write to: NOT SURE WHICH ATTORNEY
Lenco Diagnostic Laboratories, Inc.
Subject: Copyright Infringement
1857 86th St, Brooklyn, NY 11214
Attn: Eugene Strupinsky
8. Software, Databases and Other Products
We may make software and accompanying documentation available for viewing, downloading and/or printing from our website/app. These materials are the copyrighted work of Lenco or of the individuals or companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website/app; rather, you are allowed to access the software, data and documentation under the terms of a revocable license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer software. In addition, software available on our website/app may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and Lenco and each of our legal representatives, heirs, estates, successors, and assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to Lenco should be addressed to firstname.lastname@example.org, or to eugene@strupinsky (not sure which attorney) with a copy to Lenco Diagnostic Laboratories, Inc., 1857 86th St, Brooklyn, NY 11214, Attn: Eugene Strupinsky. The notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or Lenco may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer-related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of arbitration in Kings County, New York will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties, and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.No class actions. User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at Lenco’s option.
Decision of the arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply New York State law during the arbitration. To the extent these terms and user’s use of the service evidence a transaction involving interstate commerce, the United States federal arbitration act will govern the interpretation, enforcement, and proceedings pursuant to the mandatory arbitration clause in these Terms and Conditions.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Lenco seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond or other security, and notwithstanding anything herein to the contrary whatsoever, Lenco may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims a user brings against Lenco must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, Lenco may recover attorneys’ fees and costs up to $5,000, provided that Lenco has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at Lenco’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Kings County in the State of New York will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by Lenco. Any other provisions of this agreement which are invalid in their entirety are severable.
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and Conditions and your use of the website/apps. Your use of the website/apps may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms and Conditions. To the extent that any action relating to any dispute hereunder is required to be brought in a court of law, subject to the exceptions stated herein, it will be subject to the exclusive jurisdiction of the state and federal courts located in Kings County, New York and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
This website/app and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website/app is accessible to users outside of the United States, the information on the website/app pertaining to Lenco information, services and products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. Lenco makes no representation that materials on its website/app are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website/app from other locations do so on their own initiative and are responsible for compliance with local laws. Lenco reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any services and/or products we provide. Any offer for any product or service made on this website/app is void where prohibited.
California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. You can request information by writing to us at: Lenco Diagnostic Laboratories, Inc., 1857 86th St, Brooklyn, NY 11214. We will respond to such written requests within thirty (30) days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Please note that we are required to respond to each customer only once per calendar year.
Users represent and warrant that their identity is accurately entered upon submitting a form, scheduling a service and/or creating an account and may not assign this agreement to anyone without the express written consent of Lenco. Lenco may assign Lenco’s rights and obligations under this agreement. Captions contained in this agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this agreement or the intent of any provision of this agreement. It is the intent of the parties that neither this agreement, nor any covenant in this agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this agreement shall be held invalid or unenforceable by any arbitrator or court of competent jurisdiction or as a result of future legislative action or otherwise, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this agreement. All provisions of this agreement which by their nature should survive termination of this agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, and limitations of liability. Users shall not at any time including after account or use/access cancellation disparage, impugn or deprecate the business, functionality, testing, services, products, software or reputation of Lenco. The parties acknowledge and agree that this agreement shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this agreement. Whenever the words “include,” “includes,” or “including” are used in this agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this agreement whether or not specifically provided for in this agreement. All provisions of this agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.
Effective date: June 1, 2018
Last updated date: June 1, 2018