Terms of Use

Please note that myLabWorks is intended for informational purposes only. For advice about your test results or your medical condition, please contact your physician. Please read these Terms of Use carefully. They are a legal agreement between you and Dynacare ("Dynacare"). By using myLabWorks, 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 myLabWorks.

1. No Medical Advice

myLabWorks is intended to provide you with access to laboratory results ordered for the purpose of an insurance application. myLabWorks is not intended to provide you with any medical advice. FOR ADVICE ABOUT YOUR TEST RESULTS OR YOUR MEDICAL CONDITION, ASK YOUR PHYSICIAN. Your physician or other health care provider has specialized medical training that allows him or her to understand the implications of the test results based on your specific medical history. If you do not discuss your test results with your physician, it is possible that you might misunderstand the implications of the test results. Any other health and health-related information contained within this web site is intended to be general in nature and should not be used as a substitute for a visit to your physician or other health care provider. Any such information which you obtain from this web site might be inappropriate for your own situation or might be misinterpreted. Dynacare assumes no responsibility for how you use the information you obtain from this site. IF YOU HAVE AN EMERGENCY, OR NEED TO SPEAK TO SOMEONE URGENTLY, CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL. Do not use the email communication options provided to you by myLabWorks for questions about your laboratory results. myLabWorks is not a substitute for appropriate and timely contact with your physician. Never change or stop any course of treatment without first consulting your physician. RELIANCE ON ANY INFORMATION ON myLabWorks IS SOLELY AT YOUR OWN RISK.

2. USE OF myLabWorks

You may use myLabWorks for your personal, non-commercial purposes. You may not use myLabWorks for any other purpose. You are not permitted to make any resale, commercial or derivative use of myLabWorks, or use any data mining, robots, or similar data gathering and extraction methods. myLabWorks is intended for use by individuals who are 18 years of age or older, and is not intended for use by individuals who are under 18 years of age.

3. CHANGES TO myLabWorks

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

4. REGISTRATION INFORMATION, USER IDS AND PASSWORDS

Your user ID and password used to access myLabWorks are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on myLabWorks by users using your ID or password, including but not limited to use of your password by any third party. Dynacare 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 myLabWorks

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

As between you and Dynacare, Dynacare is and will remain the sole and exclusive owner of all copyright and all other intellectual property rights, in and to myLabWorks, all of the technology used by Dynacare to provide myLabWorks, any software provided directly or indirectly by Dynacare for your access to or use of myLabWorks, and all information posted by Dynacare within myLabWorks, as well as all enhancements, modifications or additions thereto. 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 myLabWorks 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.

7. Trademark Notice

myLabWorks, Dynacare and www.Dynacare.ca are the trademarks and service marks of Dynacare. 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 web site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this web site without the express written permission of Dynacare or the third party that may own the trademark, service mark, or logo.

8. “AS IS” BASIS

myLabWorks 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 myLabWorks IS AT YOUR SOLE RISK.

9. WARRANTY DISCLAIMER

TO THE EXTENT PERMITTED BY LAW, DYNACARE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING myLabWorks, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DYNACARE DOES NOT REPRESENT OR WARRANT THAT myLabWorks WILL OPERATE ERROR FREE OR UNINTERRUPTED OR THAT myLabWorks IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that Dynacare is not responsible for any interruption or suspension of myLabWorks, regardless of the cause of the interruption or suspension.

10. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL DYNACARE OR ITS PARTNERS OR THE SUPPLIERS OF ANY 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 WITHOUT LIMITATION 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 myLabWorks. Some jurisdictions do not allow the limitations of liability specified above, so some or all of the above limitations or exclusions may not apply to you.

11. INDEMNITY

You agree to defend, indemnify and hold harmless Dynacare, and its affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives, from any losses, damages or claims, including without limitation actual legal fees, which they may suffer from your activities on or use of myLabWorks, 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. Dynacare 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 is of the utmost importance to us. Please review the myLabWorks Privacy and Security Policy for a full description of how we receive, transmit and protect your personal information.

13. CHANGES TO THESE TERMS OF USE

Dynacare may modify these Terms of Use from time to time. If you do not agree to any modifications, you should stop your use of myLabWorks. Your continued use of myLabWorks 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. You can review the most current version of these Terms of Use at any time at www.mylabworks.com.

14. GOVERNING LAW AND DISPUTES

These Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. All disputes arising out of or in connection with myLabWorks 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 of Ontario. 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 Dynacare 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 myLabWorks or these Terms of Use. Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.

15. Entire Agreement

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

16. NOTICES

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

17. WAIVER

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

18. ASSIGNMENT

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

19. 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 myLabWorks or these Terms of Use must be commenced within one year after such claim or cause of action arose.

20. 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.