TERMS OF USE

Last revised: July 2015

For advice about your test results or your medical condition, please contact your healthcare provider.

If you have an emergency, or need to speak to someone urgently, please contact your healthcare provider or go to the nearest hospital.

Never change or stop any course of treatment without first consulting your healthcare provider.

Please carefully read these Terms of Use. They are a legal agreement between you and LifeLabs LP ("LifeLabs"). By using MyCareCompass, or by clicking the acceptance button, you agree to be bound by these Terms of Use, including all amendments made from time to time. If you do not agree to these Terms of Use, do not use MyCareCompass.

1. No Medical Advice
   

   MyCareCompass is intended to provide you with access to laboratory results, reported by a laboratory at the request of your healthcare provider. MyCareCompass is not intended to provide you with any medical advice or any other advice.

   Laboratory results will be presented to you in substantially the same format in which they are presented to your healthcare provider. Your healthcare provider has specialized medical training that allows him or her to understand the implications of the test results. LifeLabs has not taken any steps to adapt the presentation of the test results to make them more understandable to viewers who do not have medical training. If you do not discuss your test results with your healthcare provider, it is possible that you might misunderstand the implications of the test results.

   Any other health and health-related information contained within this website is intended to be general in nature and should not be used as a substitute for a visit to your healthcare provider. Any such information that you obtain from this website might be inappropriate for your own situation or might be misinterpreted. LifeLabs assumes no responsibility for how you use the information you obtain from this site.

   Neither MyCareCompass nor any other application available through this website is a substitute for appropriate and timely contact with your healthcare provider.

2. Use of MyCareCompass
   

   You may use MyCareCompass for your personal, non-commercial purposes. You may not use MyCareCompass for any other purpose. You are not permitted to make any resale, commercial or derivative use of MyCareCompass, or use any data mining, robots, or similar data gathering and extraction methods.

3. Changes to MyCareCompass
   

   LifeLabs may alter, suspend, or discontinue any aspect of MyCareCompass at any time, including the availability of any MyCareCompass feature or content. LifeLabs may also impose limits on certain features and aspects of MyCareCompass or restrict your access to parts of or all of MyCareCompass without notice or liability. LifeLabs may discontinue or change MyCareCompass or its availability to you at any time without notice.

4. Registration information, user IDs and passwords
   

   MyCareCompass will prompt you for a series of mandatory questions that must be answered as part of the registration process in order for you to be granted access to MyCareCompass.

   Your user ID and password used to access MyCareCompass are private, and are not to be used by or shared with anyone else. You are entirely responsible for all usage or activity on MyCareCompass by users using your ID or password, including use of your password by any third party. LifeLabs will not be responsible for any unauthorized use of your user ID or password or any charges incurred through unauthorized use.

5. Termination of access to MyCareCompass
   

   LifeLabs may, in its sole discretion, terminate or suspend your access to all or any part of MyCareCompass at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Any fraudulent, abusive, or otherwise illegal activity, or activity that may affect the enjoyment of MyCareCompass or access to MyCareCompass by others, may be grounds for termination of your access to all or part of MyCareCompass at the sole discretion of LifeLabs.

   Termination of MyCareCompass includes deletion of your user ID, password and all related registration information and files associated with or inside your account or user profile.

6. Ownership of MyCareCompass
   

   As between you and LifeLabs, LifeLabs is and will remain the sole and exclusive owner of all right, title and interest, including copyright and all other intellectual property rights, in and to MyCareCompass, all of the technology used by LifeLabs to provide MyCareCompass, any software provided directly or indirectly by LifeLabs for your access to or use of MyCareCompass, and all information posted by LifeLabs within MyCareCompass, as well as all enhancements, modifications or additions. You will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use them as contemplated and permitted by MyCareCompass and in accordance with these Terms of Use. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing.

   If and to the extent that, for your access to or use of MyCareCompass, you have downloaded any software from LifeLabs or have otherwise received any such software (such as, by way of example, from your physician or another caregiver), then LifeLabs grants to you a personal, non-transferable and non-exclusive right and license to use the object code of such software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including for the purpose of obtaining unauthorized access to MyCareCompass. You agree not to access MyCareCompass by any means other than through the interface that is provided by LifeLabs for use in accessing MyCareCompass.

7. Trademark Notice
   

   MyCareCompass, MyCareCompass.ca, LifeLabs and www.LifeLabs.com are the trademarks and service marks of LifeLabs. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on this website should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this website without the express written permission of LifeLabs or the third party that may own the trademark, service mark, or logo.

8. "As is" basis
   

   MyCareCompass is provided on an \'as is\' basis without representations, warranties or conditions of any kind, either express or implied or statutory. You expressly agree that all use of MyCareCompass is at your sole risk. You agree that LifeLabs assumes no liability if MyCareCompass is unavailable at any time, or for the timeliness of MyCareCompass, or for any failure to deliver or store any laboratory test results or other content. LifeLabs does not represent or warrant the timeliness of any laboratory test results or other content.

9. WARRANTY DISCLAIMER
   

   To the extent permitted by law, LifeLabs disclaims all representations, warranties, or conditions regarding MyCareCompass, express or implied or statutory, including implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non- infringement. LifeLabs does not represent or warrant that MyCareCompass or any laboratory test results or other content is or will be accurate, complete, reliable or current, or that MyCareCompass will operate error free or uninterrupted or that MyCareCompass is free of viruses or other harmful components.

   You acknowledge that LifeLabs is not responsible for any interruption or suspension of MyCareCompass, regardless of the cause of the interruption or suspension.

10. Limitation of Liability
    

    To the extent permitted by law, in no event will LifeLabs or the suppliers of laboratory test results or other content, or its or their affiliates, licensees or suppliers, or the directors, officers, employees, agents or representatives of any of them, be liable for damages of any kind, including any direct, incidental, punitive, exemplary, aggravated, indirect, special or consequential damages, loss of profits, failure to realize expected savings or loss of data, for any cause of action whatsoever, and whether in contract, tort including negligence or any other legal or equitable theory arising out of or in any way connected with use of MyCareCompass.

    Every exemption from liability, limitation and conditioned contained in these Terms of Use for the benefit of LifeLabs and every defence and immunity of whatsoever nature applicable to LifeLabs or to which LifeLabs is entitled under these Terms of Use will also be available and will extend to protect each of its suppliers of any laboratory test results or other content, every affiliate, licensee, partner or supplier of LifeLabs or any of them, and every director, officer, employee, agent or representative of any of them, each of whom is an intended third party beneficiary of such provisions.

11. Indemnity
    

    You agree to defend, indemnify and hold harmless LifeLabs, the suppliers of any laboratory test results or other content, and its and their affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives of each of them, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of MyCareCompass, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You will cooperate as fully as reasonably required in the defence of any claim. LifeLabs reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you will remain liable for any such claim and for the costs of defence.

12. Privacy and Confidentiality
    

    Your privacy and the confidentiality of your Personal Information are of the utmost importance to LifeLabs. In addition to the contents of these Terms of Use, please refer to LifeLabs’ Privacy Statement for information on how we handle your Personal Information, or to contact our Privacy Office.

13. Links or Pointers to Other Sites
    

    LifeLabs makes no representations whatsoever about any other websites that you may access through this site or any entity that may post its advertisements on this site. When you access a non-LifeLabs site, please understand that it is independent from LifeLabs and that LifeLabs has no control over the content on that site. In addition, a hyperlink to a non-LifeLabs site does not mean that LifeLabs endorses or accepts any responsibility for the content or the use of the linked site. LifeLabs does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

14. Hyperlinks to this Site
    

    Persons constructing other websites may link to the home page on this site, but may not link to any other page on this site. You may not copy any of the materials from this site onto your own Web server for any reason. Also, you may not link to isolated elements on this site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other web pages, or for linking such isolated elements to other web pages. In other words, link to the entire home page on this site, or don\'t link at all. Any other use will be a violation of copyright and could subject you to legal action.

15. Changes to these Terms of Use
    

    LifeLabs may modify these Terms of Use from time to time. If you do not agree to any modifications, you should stop your use of MyCareCompass. Your continued use of MyCareCompass now, or following the posting of notice of any changes in these Terms of Use, will constitute a binding acceptance by you of these Terms of Use, and any subsequent modifications.

16. Governing Law and Disputes
    

    These Terms of Use are governed by the laws of the Province of Ontario, and the applicable laws of Canada, without regard to conflict of laws principles.

    All disputes arising out of or in connection with MyCareCompass or these Terms of Use, or in respect of any defined legal relationship associated therewith or derived there from, will be referred to and finally resolved by arbitration under the rules of the Arbitration Act. The appointing authority will be the ADR Chambers International. The case will be administered by the ADR Chambers International in accordance with its rules. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English. Subject to mandatory arbitration so provided, you and LifeLabs irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of Ontario with respect to any legal action or proceeding which may be brought at any time relating in any way to MyCareCompass or these Terms of Use.

    Some jurisdictions do not allow a consumer contract to a) exclude implied warranties, b) limit liability, c) provide for the selection of a governing law other than the law of the residence of the consumer, or d) to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation. As a result, one or more of the above provisions may not apply to you.

17. Entire Agreement
    

    These Terms of Use constitute the entire agreement between you and LifeLabs and govern your use of MyCareCompass, superseding any prior agreements between you and LifeLabs with respect to MyCareCompass. You may also be subject to additional terms and conditions that apply when you use certain elements of MyCareCompass.

18. Notices
    

    LifeLabs may provide you with notices, including those regarding changes to these Terms of Use, by postings on MyCareCompass, or by email.

19. Waiver
    

    The failure of LifeLabs to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

20. Assignment
    

    You do not have the right to assign any of your rights to use MyCareCompass or your interest in these Terms of Use to anyone, and any rights you may have to your LifeLabs user ID, password and user profile stored on the systems of LifeLabs terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. LifeLabs has the right to assign any or all of its rights and duties under these Terms of Use to any third party. At the election of LifeLabs, if LifeLabs\' obligations hereunder are assumed by a third party, LifeLabs will be relieved of any and all future liability under these Terms of Use.

21. Contractual Limitation Period
    

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MyCareCompass or these Terms of Use must be commenced within one year after such claim or cause of action arose.

22. Severability of Terms
    

    If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

END OF TERMS OF USE