TestDirectly Terms and Conditions
Last updated on: March 15, 2024
Welcome to TestDirectly.com. Please read these Terms and Conditions ("Terms", "Terms and Conditions", “Terms of Use”) carefully before using the TestDirectly.com website (the "Site") operated by LigoLab LLC ("us", "we", or "our").
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
1. Introduction
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site.
2. Changes
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use or revisitation of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.
Certain services offered on this Site (“Services”) are available only to users who set up an account (“Account”). To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, facility license number, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.
4. Data Collection and Privacy
4.1 Types of Data Collected
We collect various types of personal data necessary for scheduling, registering, collecting, and conducting tests. This includes:
- Demographic Information: such as name, age, gender, and contact details (email, phone number).
- Health Information: relevant medical history, test results, and other health-related data necessary for processing and conducting tests.
- Usage Data: information on how you use our platform, including interactions, preferences, and engagement metrics.
4.2 Data Storage and Protection
Your data is securely stored on, employing advanced encryption methods both at rest and in transit. We implement industry-standard security measures, including:
- Access Controls: restricting data access to authorized personnel only.
- Regular Security Audits: conducting periodic security assessments and audits to identify and address vulnerabilities.
- Data Anonymization: where applicable, anonymizing data to protect user identities.
4.3 Third-Party Services
We do not share your personal data with third parties, except under the following circumstances:
- Service Providers: who perform functions on our behalf (e.g., payment processing, data analysis), and are obligated to protect your information.
- Legal Requirements: if required to comply with legal obligations or protect our rights.
4.4 Data Breach Notification
In the event of a data breach, we follow these standard procedures:
- Immediate Assessment: identifying and mitigating the breach's impact.
- User Notification: promptly informing affected users via email or platform alerts, detailing the nature of the breach and the steps taken to protect your information.
- Regulatory Reporting: complying with applicable laws by reporting breaches to relevant authorities within the required timeframe.
4.5 User Rights and Data Access
You have rights concerning your personal data, including:
- Access and Portability: the right to request access to your data and obtain a copy in a portable format.
- Correction: the right to request corrections to any inaccurate or incomplete data.
- Deletion: the right to request the deletion of your data under certain conditions.
- Opt-Out: the right to opt-out of specific data collection practices, such as marketing communications.
4.7 Contact Information for Privacy Concerns
For any questions or concerns regarding your data privacy, please contact our Data Protection Officer at [privacy@testdirectly.com].
5. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Our name, brands, logos, slogans, and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on this Site are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end-user license agreement for such applications.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or,
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
6. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real-time activities through the Site.
- Use any robot, spider, or other automatic devices, processes, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
7. Content You Post on the Site
You are responsible for all content that you post on, transmit through, or download from the Site (“User Content"). User Content does not include “Protected Health Information,” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), that you may provide or submit to us when requesting tests or Services. You may not post User Content that:
- is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);
- infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
- you know to be inaccurate;
- is pornographic, sexually explicit, or obscene;
- exploits children or minors;
- violates the rights of privacy or publicity of any person;
- is harassing, libelous, slanderous, or defamatory;
- contains any personally identifying information about any person without their consent or about any person who is a minor;
- may be deemed generally offensive to the website community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
- includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
- is off topic;
- is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
- is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
- violates any local, state, federal, and/or international laws or regulations;
- promotes or provides instructional information about illegal or illicit activities;
- contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment;
- is intended to overwhelm, cause technical disruptions of or denial of service to the Site.
We may remove any User Content that violates these Terms of Use or that we determine is otherwise not appropriate for the Site in our sole discretion.
By posting or transmitting User Content on or through the Site, you
1. represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and the Terms of Use,
2. represent and warrant that your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, or violate the right of publicity or other property rights of any other person; and,
3. agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the User Content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your username in connection with our use of any User Content you provide to us, including in connection with off-Site uses of such submitted User Content. You also consent to the display of advertising within or adjacent to any of your User Content. Any User Content sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.
8. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Links to Other Websites and Resources
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Geographic Restrictions
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Certain companies affiliated with us may provide services and operate websites which may be linked to from our Site and which are governed by their own terms of use and not these Terms of Use, and may be subject to laws of other local or international jurisdictions.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that authorized files or content available for downloading from the Site or the internet will be free of viruses, malware, or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to contact@testdirectly.com
Thank you for visiting TestDirectly.