Online services user agreement

a. License Grant Subject to and conditioned on your compliance with this User Agreement, Labcorp Genetics grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to access, view, and interact with materials, documents, and other features of the Online Services (the “Content”), including Content generated by or with the assistance of artificial intelligence and large language models (collectively, “AI”), solely for your personal, non-commercial, informational use, or as otherwise expressly permitted by Labcorp Genetics in writing. Except as expressly authorized in this User Agreement, you may not copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, publicly display, or market any portion of the Online Services or the Content, nor may you decompile, disassemble, or reverse engineer (or attempt to derive source code from) any part of the Online Services or the Content, without Labcorp Genetics’s prior written permission, except to the extent such restriction is prohibited by applicable law. You may print or download a single copy of Content for your personal, non-commercial, informational use, provided you do not remove any copyright, trademark, or other proprietary notices.

b. Suggestions You may provide Labcorp Genetics with suggestions, enhancement requests, recommendations, new product ideas, or other feedback relating to the Online Services, the Content, or any other current or future Labcorp Genetics products or services (“Suggestions”). You agree that Suggestions are non-confidential and non-proprietary, and you grant Labcorp Genetics a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, display, perform, modify, create derivative works from, distribute, and otherwise exploit the Suggestions for any purpose, without any obligation, payment, or credit to you. You represent and warrant that you have all rights necessary to submit the Suggestions and to grant the rights set out above, and that your Suggestions do not include confidential or proprietary information of any third party (including protected health information) and do not infringe, misappropriate, or violate any third party rights. To the extent permitted by law, you also waive any moral rights you may have in the Suggestions. Labcorp Genetics has no obligation to review or use any Suggestions, to keep any Suggestions confidential, or to provide you with any acknowledgment or compensation.

Some information available through the Online Services may be protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We use and disclose PHI only as permitted by HIPAA and as described in our Invitae Privacy Policy and Invitae HIPAA Notice of Privacy Practices.

Personal information that is not PHI is handled in accordance with our Invitae Privacy Policy, which explain how we collect, use, disclose, and protect information about you in connection with the Online Services, and how you can exercise your privacy rights.

If there is any conflict between this User Agreement, the Invitae Privacy Policy, and our Invitae HIPAA Notice of Privacy Practices, the Invitae HIPAA Notice of Privacy Practices controls with respect to PHI, and the Invitae Privacy Policy control with respect to personal information that is not PHI.

Some Online Services may display Content from your medical records (to the extent available to Labcorp Genetics) and may provide relevant health information, such as resources on screenings and drug interactions, from third party sources, which may be informed in part by your medical record. Given the inherent limitations of medical records, including, without limitation, the frequency and type of your medical visits and testing, the information from your available medical records may not be the most current or comprehensive. Accordingly, the Online Services may not contain complete or up-to-date medical record information and should not be relied on as your official or complete medical record. The Online Services may also provide general information about our company and certain subsidiaries, and about products and services offered by them, including diagnostic testing and services, data analysis, genetic testing access programs, clinical-trials information, employer health programs, post genetic counseling services, research opportunities and information about various health conditions. Unless expressly indicated, the Online Services and the Content are not medical devices and have not been cleared or approved by the U.S. Food and Drug Administration. Content may describe products, services, or uses that are not available, authorized, or approved in your jurisdiction. Such references are informational and not promotional.

Do not use information found in or through the Online Services to replace your relationship with a physician or other health care professional, and do not rely on it as professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider regarding any medical condition and before starting, stopping, or modifying any treatment or medication. In a health emergency, call 911 or seek immediate assistance from emergency personnel. Never delay seeking medical advice or disregard medical advice because of something you have or have not read in or through the Online Services.

The Content is intended solely as a general educational aid and is 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. Accessing or using any Online Services does not create a doctor–patient relationship with Labcorp Genetics. You acknowledge and agree that we have not represented that any Content can diagnose, cure, or prevent any disease or condition, prescribe treatment, or perform any task that could constitute the practice of medicine.

While we attempt to keep the Content up to date, the Online Services should not be considered error-free or a comprehensive source of all information on any topic. We do not assure that the Content will always include the most recent findings or developments on any health-information topic. We make no warranties or representations regarding the accuracy, completeness, or appropriateness of the Content and assume no responsibility for consequences arising directly or indirectly from any action or inaction you take based on the Content. Your use of the Online Services is also subject to any additional disclaimers and caveats that appear in this User Agreement or within the Online Services. You assume the entire risk of loss arising from your use of the Online Services and the Content.

Features and specifications of products or services described or depicted through the Online Services may change at any time without notice.

Certain Content may be provided by third parties. These third parties have not reviewed and do not endorse any information, products, or services associated with the Online Services. References to third party sources of information or materials do not imply endorsement, affiliation, or sponsorship by those third parties.

You understand that all information, data, and other materials you input, upload, post, transmit, publish, display, or otherwise make available through the Online Services, including when using AI features or sharing with other users (“User-Provided Content”), are your sole responsibility. This means you, not Labcorp Genetics, are responsible for all User-Provided Content you make available through the Online Services. We do not control User-Provided Content posted by users, and therefore do not guarantee the accuracy, integrity, or quality of any User-Provided Content.

We may use User-Provided Content to operate, provide, maintain, protect, and improve the Online Services, comply with applicable law, enforce this User Agreement, and help keep the Online Services safe. We may, in our sole discretion and to the extent permitted by law, remove, refuse to post, modify, or condense any User-Provided Content, with or without notice to you. Except as described in our Invitae Privacy Policy or our Invitae HIPAA Notice of Privacy Practices, User-Provided Content you submit is not subject to any obligation of confidentiality by Labcorp Genetics, our affiliates, or our service providers. We are not obligated to pre-screen or monitor User-Provided Content, but we may do so and may disable or remove Content that we believe violates this User Agreement or applicable law.

By making User-Provided Content available, you grant Labcorp Genetics and its affiliates a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, use, reproduce, display, perform, adapt, publish, distribute, and create derivative works from your User-Provided Content to operate, provide, maintain, and improve the Online Services, including to develop and enhance AI features. Our use of personal information within User-Provided Content is subject to our Invitae Privacy Policy and, where applicable, HIPAA and our Invitae HIPAA Notice of Privacy Practices. As between you and Labcorp Genetics, you retain ownership of your User-Provided Content. We may modify or adapt User-Provided Content as needed to transmit, display, or distribute it over networks and to conform to the technical requirements of networks, services, or other media. You represent and warrant that you have all rights necessary to submit the User-Provided Content and to grant the rights set out above; that your User-Provided Content does not infringe, misappropriate, or violate any third party rights; and that it does not include personal information or protected health information of another person unless you have obtained all required permissions, authorizations, or consents. To the extent permitted by law, you consent to our creation and use of de-identified or aggregated data derived from User-Provided Content for analytics, quality, and service improvement.

Some features of the Online Services incorporate and use AI. You acknowledge that, given the nature of AI technology, AI-generated output:

You are responsible for evaluating the accuracy and appropriateness of any AI-generated output for your use, and for complying with applicable laws when you use that output.

YOU ACCEPT AND AGREE THAT YOUR USE OF AI-GENERATED OUTPUTS FROM THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL NOT RELY ON ANY AI-GENERATED OUTPUTS AS A SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. AI features are intended for general informational purposes only, and are not designed for clinical decision-making or to provide medical, legal, or financial advice. You agree not to use AI features to generate or disseminate content that violates this User Agreement or applicable law, to attempt to re-identify de-identified information, to misrepresent that AI-generated output is human-generated, or to input another person’s personal information or protected health information without authorization. Our use of personal information in AI features is governed by our Invitae Privacy Policy and, where applicable, HIPAA and our Invitae HIPAA Notice of Privacy Practices.

The Online Services and Content are protected by copyright, trademark, patent, and other laws. You may not copy, distribute, publicly display, modify, or create derivative works based on the Online Services or Content except as expressly permitted in this User Agreement or by Labcorp Genetics in writing. As between you and Labcorp Genetics, unless otherwise specified, Labcorp Genetics owns all right, title, and interest in and to the Online Services and Content, and all associated databases, software, know-how, and other materials, excluding your User-Provided Content as described in Section 4 and any components provided under open source licenses, which are governed by their applicable licenses. To the extent permitted by law, Labcorp Genetics owns rights in AI-generated outputs created by or for Labcorp Genetics, aggregated or de-identified statistics, and information, data, or other content derived from analytics of users’ access to or use of the Online Services. Any unauthorized use of materials made available via the Online Services may violate copyright, trademark, privacy, or publicity laws, and may violate civil or criminal statutes. All rights not expressly granted in this User Agreement are reserved.

The Online Services contain a mix of Content that is owned by Labcorp Genetics, licensed to Labcorp Genetics, and in the public-domain. Third party-owned Content is discussed in Section 12 below. Purely public-domain material is not owned by Labcorp Genetics, but Labcorp Genetics owns any modifications, derivative works, and compilations of public-domain material. Where components of the Online Services are provided under open source licenses, the relevant open source licenses apply to your use.

You acknowledge that Labcorp Genetics’s names, logos, and trademarks (the “Invitae Marks”) displayed on and through the Online Services are registered or unregistered trademarks, trade names, and service marks of Labcorp Genetics. Labcorp Genetics owns the Invitae Marks and all goodwill associated with them. You are not authorized to use any Invitae Marks without Labcorp Genetics’s prior written consent. Without limiting the foregoing, you may not use any of the Invitae Marks in any advertising or publicity, or to suggest Labcorp Genetics’s sponsorship or affiliation, without the express written permission of Labcorp Genetics. Nothing in the Online Services grants, by implication, estoppel, or otherwise, any license or right to use any Invitae Marks without the written permission of Labcorp Genetics. All third party names, logos, and marks referenced in the Online Services are the property of their respective owners, and any use does not imply endorsement.

Labcorp Genetics may modify this User Agreement from time to time, in whole or in part. We will post the revised User Agreement and update the “Last Updated” date, and you should review the User Agreement whenever we post changes. Material changes apply on a going-forward basis only. They do not apply retroactively. If you do not agree to the updated User Agreement, you must stop using the Online Services before the effective date, and you may close your Account. Your continued access to or use of the Online Services after the effective date of any changes means you accept the updated User Agreement.

When you provide information to us, including when you create an Account, you agree to provide accurate, current, and complete information about yourself, not to impersonate any person or misrepresent your identity, and to promptly update your information so it remains accurate, current, and complete. You represent that you are the owner or authorized user of any email address and phone number you provide, and you will notify us promptly if either changes or is deactivated. We may request evidence to verify your identity or your authority to act for another person or an organization, and we may suspend or limit access until verification is completed. You agree not to register an Account or provide contact information using an email address or phone number you do not own or control unless you are authorized to use it. If you use the Online Services on behalf of an organization, you represent that you have authority to provide contact information for that organization and its personnel, and you agree to notify us promptly if any such information changes. If any information you provide is untrue, inaccurate, or incomplete, or if we reasonably suspect this, we may suspend or terminate your Account and refuse some or all current or future access to the Online Services. We may use your current contact information to deliver notices as permitted in this User Agreement.

We use the contact information you provide under Section 8 or provided on your behalf to send transactional, service-related, and, where you consent, marketing communications by email, phone call, text message, in-product message, and push notification, including autodialed calls and text messages and prerecorded or artificial voice calls. These communications may include technologies used by Labcorp Genetics, its affiliates or its service providers to measure and understand your engagement with the communications, and you consent to the use of such technologies. Your consent to receive marketing communications and to the use of the technologies included in those communications is not a condition of any purchase, and you can opt out at any time as described below.

By creating an Account or using the Online Services, you consent to receive from Labcorp Genetics disclosures and notices electronically and to Labcorp Genetics’s use of electronic signatures. Such electronic communications and signatures shall satisfy any legal requirement that the communications be in writing or signed. If you withdraw consent, certain features may be unavailable.

If you have any questions about receiving communications from us, please contact us using the information in Section 25 below. To unsubscribe from marketing emails, click the “Unsubscribe” link at the bottom of the email you received from us. You can also manage certain communication preferences in your Account settings, where available.

Even if you unsubscribe from marketing messages, we may still send transactional or service-related communications, for example Gia® completion reminders, test result notices, invoice notifications, and similar information.

The following provisions apply specifically to SMS text messages:

Your choices for marketing communications do not limit our ability to contact you about your Account, security alerts, privacy notices, or other matters required by law.

If you are a health care provider or a health plan, you represent and warrant that, when using the Online Services, you will comply with all applicable laws and regulations, including HIPAA, and other federal and state privacy and data security laws, and that you will not provide any information, including PHI, to Labcorp Genetics unless you have the required legal basis, authorizations, or consents. If you are acting as a covered entity or a business associate, you may disclose protected health information to Labcorp Genetics only to the extent permitted by HIPAA and only where a separate written agreement with Labcorp Genetics, for example a business associate agreement, expressly applies. This User Agreement by itself does not create a business associate relationship. You agree not to submit protected health information through non-HIPAA features of the Online Services, through general support channels, or through unsecured forms, and you agree to limit any disclosures to the minimum necessary as required by law. You represent and warrant that you have provided all required notices to individuals and obtained all required consents or authorizations before submitting any information to Labcorp Genetics through the Online Services. You are responsible for the actions of your workforce members and agents who access the Online Services on your behalf, including maintaining the confidentiality of credentials and restricting access to authorized personnel. The Online Services are not intended for emergency communications or time sensitive clinical communications. Do not use the Online Services to report medical emergencies.

You agree to comply with all applicable laws and regulations when using the Online Services. In addition, you agree not to do any of the following:

We may investigate and take any action we consider appropriate for violations of this Section, which may include suspension or termination of access, removal of content, and referral to law enforcement where permitted by law.

The Content may include third party content, such as articles, guidelines, recommendations, data feeds, and abstracts, and may include links to third party services, websites, and applications. We provide third party content and links as a convenience to users. We do not control third party services, websites, applications, or content referenced on or linked from the Online Services, and we do not endorse, sponsor, or recommend them. We are not responsible for their availability, accuracy, or content. IN PARTICULAR, WE ARE NOT LIABLE FOR ANY ALLEGED INFRINGEMENT OR OTHER VIOLATION ARISING FROM THIRD PARTY CONTENT, OR FOR ANY INFORMATION OR OPINIONS CONTAINED IN THIRD PARTY CONTENT OR ON THIRD PARTY SERVICES, WEBSITES, OR APPLICATIONS LINKED FROM THE ONLINE SERVICES.

You acknowledge and agree that we are not responsible or liable for the accuracy, the collection, use, disclosure, or protection of information, copyright compliance, legality, decency, or any other aspect of third party services, websites, or applications linked from the Online Services, or for the content displayed on or through them. If you access third party services, websites, or applications through links in the Online Services, you should review the terms and privacy policies of each, since those policies may differ from ours. Your use of any third party service, website, or application is at your own risk and is governed by that third party’s terms and privacy policies, not this User Agreement or our Invitae Privacy Policy. We may remove or disable any link at any time, and we do not guarantee that any third party link will function or remain current. We are not a party to, and we are not responsible for, any transactions or communications between you and any third party. Third parties may use cookies, pixels, or similar technologies on their sites or apps. For information about how Labcorp Genetics uses such technologies within the Online Services, see our Privacy Policies.

You may link to publicly available pages of the Online Services for lawful purposes, provided the link is not deceptive, does not suggest Labcorp Genetics’s sponsorship or endorsement, and does not damage or take unfair advantage of Labcorp Genetics’s goodwill. You may not frame, mirror, or otherwise display any page of the Online Services on another site, and you may not deep-link in a way that bypasses access controls or required notices. We may request that you remove any link, and you agree to do so promptly. We may disable or block links at any time.

Labcorp Genetics does not sell advertising and does not accept paid sponsorships on or through the Online Services. This policy does not restrict Labcorp Genetics from describing, offering, or promoting Labcorp Genetics products or services. References or links to third party resources are provided for convenience as described in Section 12, and they do not constitute paid advertising or sponsorship. If Labcorp Genetics ever presents promotional or sponsored content in the future, we will clearly label it as ‘Advertisement’ or ‘Sponsored,’ disclose the sponsoring party and any material connection, and ensure that such content does not influence clinical or safety information. We may remove or block any content that appears to be advertising or sponsorship in violation of this Section.

The Online Services may include information about Labcorp Holdings Inc., such as news releases, press materials, presentations, and other corporate information. You acknowledge that we have no duty to update or maintain the accuracy of any such information, and you agree that your reliance on it is at your own risk. We do not undertake to update, revise, or correct such information, except as required by law. Press releases, presentations, and investor materials may contain forward-looking statements within the meaning of federal securities laws, which are subject to risks and uncertainties that could cause actual results to differ materially, and any forward-looking statement speaks only as of the date it is made. If there is a conflict between information on the Online Services and information in Labcorp Holdings Inc.’s filings with the U.S. Securities and Exchange Commission, the SEC filings control. Nothing in these materials is an offer to sell, or a solicitation of an offer to buy, any securities. References to products or services are for informational purposes, availability may vary by jurisdiction, and such references do not constitute labeling, promotion, or claims outside approved indications.

Some Online Services may require you to register and create an Account, or obtain credentials, before you can access certain features. You are responsible for maintaining the confidentiality of your username and password, and for all activity that occurs under your Account. We may restrict access to certain areas to authorized users only, and we may block access to protect the Online Services or users. You agree not to share your credentials or permit any other person to access your Account, except where a feature of the Online Services expressly allows you to authorize another person. We may require identity verification measures, such as multi factor authentication or security prompts, and we may disable or lock an Account to protect you or the Online Services. Subject to applicable law, we may rely on instructions that appear to come from you when a request is authenticated with valid credentials or verification. You are responsible for securing the devices and networks you use to access the Online Services, and for promptly updating your contact information so that you can receive security alerts. We may require you to change your password, or we may suspend access, if we believe your Account has been compromised or is being used in violation of this User Agreement. You agree to notify us immediately of any unauthorized use of your username, password, or Account, or any other suspected security incident involving access to the Online Services through your Account. For information on how to contact us about a suspected compromise, see Section 25. You may be liable for losses incurred by Labcorp Genetics or others that result from unauthorized use of your Account arising from your failure to keep your credentials secure and confidential.

Labcorp Genetics may, to the extent permitted by law: (a) modify, suspend, or terminate the Online Services, or your access to them, in whole or in part, including for security, technical, or legal reasons, or for a violation of this User Agreement; (b) change, remove, or add features, functionality, or Content; and (c) interrupt or limit the Online Services to perform maintenance, correct errors, or implement changes. We may take these actions with or without notice. For planned maintenance, we will use reasonable efforts to provide advance notice. Continuous availability is not guaranteed. We may impose or change limits on use, for example storage, usage, or rate limits, and we may monitor use to operate, secure, and improve the Online Services. If we suspend or terminate your access for cause, we may also remove or disable access to related Content to protect the Online Services or other users. Nothing in this Section limits our rights under Section 24 (Termination) or our remedies under applicable law.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND LABCORP GENETICS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU AND LABCORP GENETICS CAN SEEK RELIEF FROM EACH OTHER.

a. Arbitration Agreement

You and Labcorp Genetics mutually agree, to the fullest extent of the law, that any Dispute (defined below) shall be arbitrated and finally decided by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (available at www.adr.org), except as modified below or otherwise mutually agreed to. As used in this Arbitration Agreement, “Dispute” means any dispute, claim, or controversy between us, including any past, currently pending, existing, or future dispute or disagreement, except: (a) claims by employees of Labcorp Genetics entities related to the terms or conditions of their employment; (b) claims for personal physical injury or wrongful death or survival claims arising from or in any way related to clinical laboratory services; and (c) claims for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and Labcorp Genetics agree that each is giving up, to the fullest extent of the law, any right to have a Dispute resolved in court before a judge or jury.

b. Class Action Waiver

You and Labcorp Genetics also mutually agree that, to the fullest extent allowed by law, and except as expressly set out below, each may bring claims against the other only in your or its individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, or representative proceeding. Further, the arbitrator may not join or consolidate more than one person's claims and may not otherwise preside over any form of representative, collective, non-individual, or class proceeding, except as stated below. Nothing in these terms should be read to allow for class or consolidated arbitration of any form. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court, except as expressly set out below.

c. Arbitration Procedures

Arbitration uses a neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than a court case; and the arbitration process and results are subject to limited review by courts. In arbitration, you have the right, at your own expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief that a court could award, but any award or recovery must be consistent with this User Agreement. You and Labcorp Genetics also agree that any in-person arbitral hearing will occur in the United States in the same county and state as your residence. Any arbitration under this Section 18 will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, and the arbitrator cannot award relief for, or on behalf of, anyone who is not a party to the proceeding. The decision of the arbitrator shall be final and binding only as to the parties to the specific arbitration. The award rendered shall not be used as evidence or create any preclusive effect (including but not limited to the doctrines of claim preclusion, issue preclusion, res judicata, or collateral estoppel) in any other action or proceeding, including any subsequent arbitration, litigation, or other dispute resolution proceeding.

Both you and Labcorp Genetics agree that each party may elect, before or within 30 days after arbitration is initiated by either party, to have any claims heard in small claims court on an individual (non-class, non-representative) basis for a dispute within the scope of such small claims court's jurisdiction.

d. Pre-Arbitration Notice and Good Faith Negotiations

Both you and Labcorp Genetics agree that, before initiating any arbitration proceeding of any kind with the AAA, each party will notify the other in writing of any dispute so that the parties can attempt in good faith to resolve the dispute informally. The notice must be specific and must: (i) include the sender’s name, street address, telephone number, and email address; (ii) describe the nature and basis of the dispute including, where applicable, any specific date(s) at issue; (iii) identify the amount of money (if any) at issue; and (iv) identify the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Labcorp Genetics employee, depending on which party is providing notice. Notice sent by you to Labcorp Genetics shall be sent to the following email and street addresses: generalcounsel@labcorp.com and 531 South Spring Street, Law Department, Burlington, NC 27215. Notice sent by Labcorp Genetics to you shall be sent to the email and street addresses that you provided to Labcorp Genetics. This notice is a requirement and condition precedent to initiating any arbitration proceeding. Compliance with this Pre-Arbitration Notice and Good Faith Negotiations provision is an issue for a court to resolve, not the arbitrator.

If you and Labcorp Genetics cannot agree how to resolve the dispute within 60 days after the notice is received by the other party, then either you or Labcorp Genetics may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding with a written demand for arbitration that is individual to you and your dispute, including the content set forth above and a handwritten signature. Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this 60-day period.

If the party commencing arbitration is represented by counsel, the written demand for arbitration shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must sign the demand for arbitration. By signing the demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after a reasonable inquiry, that the demand is neither frivolous nor brought for any improper purpose (such as to harass, unnecessarily delay dispute resolution, or needlessly increase the cost of dispute resolution) and that the allegations in the written demand have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

e. Arbitration Fees

The parties’ respective responsibilities to pay any fees and costs of arbitration will be governed by the AAA Consumer Rules (and the applicable fee schedules referenced therein), available at www.adr.org. The parties' good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. Notwithstanding anything to the contrary herein, if the arbitrator determines that your or Labcorp Genetics's claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.

f. Federal Arbitration Act

The subject matter hereof affects interstate commerce, and the interpretation and enforceability of this Section 18 will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by this User Agreement.

THE ONLINE SERVICES, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, FEATURES, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LABCORP GENETICS, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE ONLINE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, FEATURES, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FOR CLARITY, THIS DISCLAIMER ALSO APPLIES TO AI FEATURES OF THE ONLINE SERVICES. YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE ONLINE SERVICES MAY BE INTERRUPTED, AND THE CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, FEATURES, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES, INCLUDING ANY AI-GENERATED OUTPUT, MAY NOT BE ERROR FREE. NONE OF LABCORP GENETICS, ITS AFFILIATES, ITS SUPPLIERS, OR ANYONE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE SERVICES, OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, FEATURES, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES, WARRANTS THAT THEY ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT, THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THAT EXTENT, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LABCORP GENETICS, ITS AFFILIATES, ITS SUPPLIERS, AND ANYONE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE SERVICES, OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, FEATURES, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THEM, WILL NOT BE LIABLE FOR: (A) DIRECT DAMAGES IN EXCESS OF THE AMOUNTS YOU PAID TO LABCORP GENETICS, IF ANY, FOR ACCESS TO THE ONLINE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE; OR (B) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THAT EXTENT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS UNENFORCEABLE UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR, WHERE REQUIRED BY LAW, PERSONAL INJURY OR DEATH.

YOU UNDERSTAND THAT INFORMATION FOUND THROUGH THE ONLINE SERVICES IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY, AND IS NOT MEDICAL OR HEALTH CARE ADVICE, NOR A SUBSTITUTE FOR ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTH CARE PROVIDER. YOU FURTHER UNDERSTAND THAT YOUR USE OF THE ONLINE SERVICES IS YOUR RESPONSIBILITY. LABCORP GENETICS IS NOT RESPONSIBLE FOR DAMAGES THAT RESULT FROM YOUR MISUSE OF THE ONLINE SERVICES OR YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE ONLINE SERVICES.

We may offer features identified as beta, preview, pilot, or similar. They are provided for evaluation only, may change or cease at any time, and are provided “as is.”

YOU ACKNOWLEDGE THAT THE LIMITATIONS ABOVE ARE FUNDAMENTAL TO THIS USER AGREEMENT, THAT THE ONLINE SERVICES WOULD NOT BE PROVIDED WITHOUT THEM, AND THAT THESE LIMITATIONS ARE REASONABLE.

TO THE EXTENT THE ONLINE SERVICES LINK TO THIRD PARTY SITES OR RESOURCES, YOUR USE OF THOSE SITES OR RESOURCES IS AT YOUR OWN RISK. WE DO NOT CONTROL, AND WE MAKE NO WARRANTIES ABOUT, THIRD PARTY SITES OR CONTENT. CONTINUOUS AVAILABILITY OF THE ONLINE SERVICES IS NOT GUARANTEED.

You agree to indemnify, defend, and hold harmless Labcorp Genetics, its affiliates and subsidiaries, its suppliers, and their respective officers, directors, employees, agents, contractors, and representatives, from and against any liability, loss, claim, suit, damage, judgment, and expense, including reasonable attorneys’ fees and costs, arising out of or related to: (a) your User-Provided Content, (b) your use of the Online Services, or (c) your violation of this User Agreement or any rights of a third party, to the extent permitted by law. You will promptly notify Labcorp Genetics in writing of any claim subject to this Section, you will cooperate with Labcorp Genetics in the defense, and Labcorp Genetics may assume the exclusive defense and control of any matter at its expense. You will not settle any claim without Labcorp Genetics’s prior written consent, which will not be unreasonably withheld. This indemnity is in addition to, and not in place of, any other indemnities set out in this User Agreement or another agreement with Labcorp Genetics. This Section does not require you to indemnify Labcorp Genetics for Labcorp Genetics’s own gross negligence or willful misconduct, and nothing in this Section limits any rights you may have that cannot be limited under applicable law.

If any provision of this User Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect to the maximum extent permitted by law. If a provision is held invalid, illegal, or unenforceable in part, it will remain enforceable to the extent not held invalid, illegal, or unenforceable. To the extent permitted by law, the invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, its original intent and economic effect, and if modification is not possible, the provision will be severed.

No waiver by Labcorp Genetics of any provision of this User Agreement will be deemed a further or continuing waiver of that provision, and any failure by Labcorp Genetics to enforce any right or provision will not constitute a waiver of that right or provision. Any waiver by Labcorp Genetics is effective only if it is in writing and signed by an authorized representative of Labcorp Genetics. No single or partial exercise of any right will prevent any other or further exercise of that or any other right. The rights and remedies in this User Agreement are cumulative and in addition to any rights and remedies provided by law.

This User Agreement, and all matters relating to your access to or use of the Online Services, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules, except as stated in Section 18(f) regarding the Federal Arbitration Act. The Uniform Computer Information Transactions Act does not apply to this User Agreement. Except where arbitration applies, any court proceedings related to this User Agreement may be brought in the state or federal courts located in Wake County, North Carolina, and you consent to their jurisdiction and venue.

Labcorp Genetics makes no representation that the Online Services or Content are appropriate or available outside the United States, and access from territories where the Online Services or Content are illegal is prohibited. If you access the Online Services from another location, you do so on your own initiative and you are responsible for compliance with local laws.

The Online Services and Content are subject to United States export control and economic sanctions laws, and may also be subject to the export and sanctions laws of other jurisdictions. You represent that you are not located in, and will not access the Online Services from, any country or region that is subject to comprehensive United States sanctions, and that you are not listed on any United States government list of prohibited or restricted parties. You agree not to use, export, re-export, transfer, or provide access to the Online Services or Content in violation of applicable export control or sanctions laws, including any prohibitions on end uses or end users. Labcorp Genetics may restrict or terminate access where required by applicable export control or sanctions laws. For information on United States sanctions lists, see the U.S. Department of the Treasury, Office of Foreign Assets Control.

This User Agreement remains in effect until terminated as provided in this Section, and it may be modified as described in Section 7. Labcorp Genetics may restrict, suspend, revoke, or terminate your Account, or your access to the Online Services, at any time, with or without notice, including for a violation of this User Agreement, suspected fraud or abuse, security or technical issues, discontinuation of features or services, legal or regulatory requirements, or prolonged inactivity. We may block access, disable credentials, or remove related Content to protect users or the Online Services. Upon termination, your right to access or use the Online Services and any Content ends immediately, and you must stop all use and, if we request it, delete any copies within your control. We may retain or delete information associated with your Account in accordance with our policies and applicable law. Information may be irretrievably deleted. To the extent allowed by law, we are not liable for any suspension or termination of access to the Online Services. If you believe your Account was terminated in error, contact us using the information in Section 25.

Sections that by their nature should survive termination will continue in effect, including ownership, privacy notices, disclaimers, limitations of liability, indemnification, arbitration, applicable law, and this Section.

For purposes of providing notice to, or corresponding with, Labcorp Genetics related to this User Agreement, please use the following address:

Labcorp Genetics Inc.
Attn: Law Department

531 S. Spring Street
Burlington, NC 27215
Email: generalcounsel@labcorp.com

Notwithstanding the foregoing, notices required by Section 18 must be delivered as stated in Section 18(d).

Specific questions and comments should be directed to the appropriate department via our Contact Us page (https://www.invitae.com/us/contact). For privacy rights requests or questions about our privacy practices, please follow the instructions in our Privacy Policies. We will attempt to respond as promptly as practicable, but we cannot guarantee a response or a specific response time. Do not include sensitive personal information, account credentials, or protected health information in emails or web forms.

Labcorp Genetics is committed to making the Online Services accessible to individuals with disabilities. If you have difficulty accessing any content, please contact us through the Contact Us page so we can assist you.

Labcorp Genetics respects intellectual property rights and will respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). We terminate, in appropriate circumstances, users who are repeat infringers.

To submit a DMCA notice, send the following to our copyright agent at the address provided below: (1) a physical or electronic signature of the person authorized to act; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

Copyright Agent: Berrie Goldman, Labcorp Genetics, Inc., 531 South Spring Street Burlington, NC 27215 ; Email: berrie.goldman@labcorp.com; Phone: 226-229-1127.

Counter-notifications may be sent to the same agent and must comply with 17 U.S.C. § 512(g).

Certain of the Online Services may offer opportunities to visit websites that are not owned by Labcorp Genetics and to receive services from third-parties that are not Labcorp Genetics affiliates. By requesting such services, you agree that your relationship with those third-parties is governed by the applicable third party’s terms and conditions. Labcorp Genetics makes no representations or warranties regarding the third party’s services and you agree that Labcorp Genetics has no liability for those services.

In addition to the terms that apply to all Online Services, the following terms apply to your use of the Invitae patient portal online services (the “Patient Portal”).

a. Description of the Patient Portal

Labcorp Genetics provides the Patient Portal so you can register a test or specimen kit, track the status of your test, access and download your genetic test results and related reports, schedule post-test genetic counseling, apply for financial assistance, access educational materials and use additional features within the account you create through the Patient Portal (your “Patient Portal Account”). The information stored in your Patient Portal Account is not intended to be, and should not be used for, diagnosis or treatment purposes, and may not always be accurate, current, or complete.

b. Right to Use the Patient Portal

By using the Patient Portal, you confirm that you are a resident of the United States and are at least 18 years of age. You agree to comply with this User Agreement, all applicable laws, and other Labcorp Genetics policies, practices, and notices when using the Patient Portal. Labcorp Genetics may block or prevent delivery of any email or other communication to or from the Patient Portal to protect the service, protect our patients, or prevent a breach of this User Agreement. Labcorp Genetics may, in its discretion, suspend or terminate your Patient Portal Account and deny access to all or part of the Patient Portal to you and to any person you have authorized or designated.

c. Genetic Counseling and Independent Providers

Post-test genetic counseling and related virtual consultations made available through the Patient Portal may be provided by independent third-party providers that are not affiliated with Labcorp Genetics. By requesting those services, you agree that your relationship with the provider is independent and is governed by the applicable provider’s own terms and conditions and privacy policy. Labcorp Genetics makes no representations or warranties regarding the providers’ services and disclaims any liability for those services. See Sections 12 (Third Party-Owned Content and Links to Third Party-Owned Services, Websites, or Applications) and 28 (Third-Party Website Terms) for more information.

d. Financial Assistance

The Patient Portal may let you apply for financial assistance or estimate your eligibility using a financial assistance calculator. Any eligibility estimate or result is provided for general informational purposes only, is not a guarantee of assistance, pricing, or coverage, and is subject to verification and to the applicable program terms and eligibility requirements.

e. Test Results

Laboratory and genetic test results released into your Patient Portal Account may not be a complete record of all tests you have had, of all information in our systems, or of tests performed by other facilities. There may be a delay before certain results are released, and in some jurisdictions release times are set by law. Results are intended to support, and not to replace, the advice of your healthcare provider. As described in Section 3, your use of the Patient Portal does not create a doctor-patient relationship with Labcorp Genetics.

f. Sharing Information and Authorized Access

You may access, download and provide your laboratory test results to another person (such as a family member) through or outside of the Invitae Patient Portal. This means you, not Labcorp Genetics, are responsible for all information, such as your laboratory tests results, you make available to another person.

g. Disclaimer of Liability; Preserving Data

Because you control the extent to which information in your Patient Portal Account is shared, Labcorp Genetics assumes no liability, to the extent permitted by law, for how that information is used or disclosed once it has been stored in or accessed through your Patient Portal Account, including by any person you have authorized. You are responsible for backing up data you store in the Patient Portal, and data stored within the Patient Portal may become unavailable at any time. Labcorp Genetics is not responsible for and accepts no liability resulting from the unavailability of your data within the Patient Portal, to the extent permitted by law.

In addition to the terms that apply to all Online Services, the following terms apply to your use of the Invitae Patient Insights Network and the related PIN websites (collectively, the “PIN Services”).

a. Description of PIN

The PIN Services are a voluntary patient community and registry that let you connect with patient advocacy organizations, share your health information and experiences, upload your health records, learn about research and clinical trials and respond to surveys made available by Labcorp Genetics, advocacy organizations, and third-party survey sponsors (which may include biopharmaceutical companies and academic researchers). Participation in the PIN Services is voluntary and is not medical care or a substitute for professional medical advice. See Section 4 for additional information.

b. Eligibility and Registration

You may be invited to join a PIN community by an advocacy organization, or you may register directly. You may or may not have had testing with Labcorp Genetics. You agree to provide accurate information and to comply with this User Agreement when using the PIN Services.

c. Your Information and Surveys

You control what information, health records, and survey responses you submit through the PIN Services. Surveys are created by, and your responses may be shared with, the relevant advocacy organization and the third-party survey sponsor(s) identified at the point of collection, as further described in our Privacy Policy. You should review the information presented with each survey before responding, and you should not submit information you are not authorized or willing to share.

d. Research and De-Identified or Aggregated Data

Labcorp Genetics and its partners may create and use de-identified and aggregated data derived from PIN information for research, quality, and service-improvement purposes, to the extent permitted by law. Advocacy organizations, academic researchers, and survey sponsors may be given access to aggregate, de-identified results in a form that does not identify you. If, and only if, you separately consent, your contact information may be shared so that an advocacy organization, researcher, or sponsor can contact you about studies, programs, or opportunities. You may withdraw that consent at any time, although withdrawal does not affect any prior uses or any de-identified or aggregated data already derived.

e. Third-Party Sponsors and Advocacy Organizations

Advocacy organizations and third-party survey sponsors are independent of Labcorp Genetics. Information you choose to share with them, and their use of that information, is governed by their own terms and privacy policies, not this User Agreement or our Invitae Privacy Policy. Labcorp Genetics is not responsible for the practices of those third parties. See Sections 12 (Third Party-Owned Content and Links to Third Party-Owned Services, Websites, or Applications) and 28 (Third-Party Website Terms) for additional information.

f. Voluntary Participation; Withdrawal; No Compensation

Your participation in the PIN Services is voluntary, and you may stop participating or request deletion of your PIN information as described in our Privacy Policy and as required by applicable law. Unless expressly stated at the point of collection, you will not receive compensation for participating in PIN surveys or research.

In addition to the terms that apply to all Online Services, the following terms apply to your use of the Genetic Information Assistant (“Gia”), Labcorp Genetics’s virtual genetic information assistant.

a. Description of Gia

Gia is a HIPAA-compliant tool that facilitates virtual conversations with patients, including intake of personal and family health history and the automatic delivery of test results. Gia also provides access to pre-test education and facilitates post-test appointments with a genetic counselor and it may provide a hereditary cancer risk assessment using validated clinical models. Gia is made available through your healthcare provider, and the features available to you depend on the options your provider selects.

b. Invitations to Use Gia

From time to time, your healthcare provider may instruct Labcorp Genetics to send you a text message or email invitation to interact with Gia and to provide your health and family history information through Gia. Your use of Gia is voluntary. Message and data rates may apply to text message invitations, and the communications terms in Section 9 apply to any SMS or email messages we send in connection with Gia.

c. No Medical Advice

Gia is an educational and informational tool. Gia does not provide medical advice, diagnosis, or treatment, and it is not a substitute for the judgment of your healthcare provider. The disclaimers in Section 3 apply to all information and Content made available through Gia. Always consult your healthcare provider regarding your test results and any medical decision. In a medical emergency, call 911 or seek immediate assistance from emergency personnel.

d. Artificial Intelligence

Gia uses automated and artificial intelligence technologies to support its conversations and educational content. Your use of any AI-generated output through Gia is subject to Section 5, including the acknowledgments and limitations described in that Section.

e. Information You Provide; Privacy

Information you provide through Gia, including your personal and family health history, is handled as described in Section 2 and our Invitae Privacy Policy and, where applicable, HIPAA and our Invitae HIPAA Notice of Privacy Practices. You are responsible for the accuracy of the information you provide, and you should not submit another person’s personal information or protected health information without authorization.

f. Results Delivery and Genetic Counseling

Where your healthcare provider enables the feature, Gia may automatically release certain test results to you, provide related education, and help schedule an appointment with a genetic counselor. Genetic counseling and related virtual consultations may be provided by independent third-party providers that are not affiliated with Labcorp Genetics, as described in Section 29. Results released through Gia may not be a complete record of all tests you have had or all information in our systems.