Below you will find an interactive Google Map which will tell you where there are Places To Get Rays located near you. If you are thinking about going to these Places To Get Rays located near you then you can click on the reviews it will take you to their Google My Business listing.
Baptist Health teams are working around the clock to help expand access to the COVID-19 vaccine. Due to limited supply, we are currently prioritizing at-risk patients who are age 75+.
In the meantime, we encourage you to find other vaccine locations available to you. Do not arrive early, as this can make it difficult to maintain physical distancing.
An X -ray is a non-invasive testing procedure used to create images of internal structures of the body. If you do not receive care for your purchased procedure, we will refund your payment in full.
Search our site by procedure and location to browse local providers and pricing. For your security, if you aren't active within the next 5 minutes, you'll be automatically logged out of this portal.
I also didn't have the issue of parking and waiting like I have experienced in the past with hospital based radiology departments. I came in to your center extremely nervous, and your staff made me feel like family before I left.
This was such a pleasant experience; I have already told a dozen of my co-workers to visit your location if they ever need your services. Onsite results plus VIP service are prime reasons why I always come to Metro imaging for my radiology tests.
It is also helpful to diagnose and monitor various lung conditions such as pneumonia, emphysema, and cancer because it spots abnormalities of the airways, blood vessels, bones, heart, and fluid collection in or around the lungs. You must visit the nearest X -ray center immediately, if you have any of the below symptoms: Breathing difficulties, A bad or persistent cough, Fever, Chest pain or injury, Enlarged heart, Lung infection, Clogged blood vessels.
In case of severe pulmonary or cardiac disorders, and if advised by the doctor, you can take any of the below scans: CT Scan (Chest) to capture detailed pictures of the affected area in the chest. CT Angiography (Chest) to capture detailed images of the blood vessels in the heart.
X -ray is an imaging test which involves a small amount of ionizing radiation to show pictures of the organs, tissues, and bones of the body. In order to prevent any interference with the radiation, you will be asked to take off your clothing, accessories, jewelry, etc., and wear a medical gown.
The X -ray technologist will then instruct you to stand against the photographic film/image recording plate. The complete chest x -ray examination, from positioning to obtaining and verifying the images, takes about 15-20 minutes at any X -Ray center.
Please refer to the simple preparation guidelines given below or consult with your doctor or radiology center where you are being treated. Do not forget to bring your Binder Order and Insurance Card to your appointment.
You can find information about an X -ray center near you at labfinder.com and make an appointment online instantly! Once the chest X -ray is completed, you will receive your results within 3-5 business days in your Binder portal.
Binder may collect certain personal identifiable information through a variety of means and sources about users who visit, contact, sign up/register for or otherwise use the Binder website/OF Service. We collect personal information when you register on, complete a profile on or contact us through our website or when you e-mail us.
Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) medical data (such as the doctors or other health care providers you use, your reasons for care, your dates of visit, your medical history, and other medical and health information you choose to share with us, and (5) other information that you voluntarily choose to provide to us, including without limitation social security number, unique identifiers such as passwords, and Personal Information in emails, contact submissions or letters that you send to us. You might still be able to access and use some OF Service if you choose not to provide us with any Personal Information, but the features of the OF Service that require your Personal Information will not be accessible to you.
Information Collected Through Technology We may collect information through technology to make our website more useful to you and to track user web activity and interests. If you do not accept cookies, you may not be able to use some features of our OF Service, and we recommend that you leave them turned on.
We may automatically collect the following traffic data: (1) IP address; (2) domain server; (3) type of device(s) used to access the OF Service; (4) web browser(s) used to access the OF Service; (5) referring webpage or other source through which you accessed the OF Service; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser, mouse or device and the OF Service. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and traffic data.
We will never rent, sell, disseminate or share personal information about you with non-affiliated companies or third parties other than to schedule your Lab Services and to secure and store relevant information derived from those services, except when we have your permission or under the circumstances set forth in detail below. Personally identifiable information collected may be shared within and used by Binder, and its affiliated companies, subsidiaries and vendors for several purposes.
For example, Binder may use your personal information to send you promotional materials about goods and services, including special offers and promotions, either offered by Binder or offered by third parties (sent by Binder on behalf of these third parties), including Lab Users. These promotional materials may be sent to you by online portal, postal mail, e-mail or other means.
We may also use your personal information for “Operational Uses,” such as to complete transactions requested by you (for example, insurance eligibility verification, Lab Service scheduling, Lab Services test result acquisition from Lab Users and storage for your access, and your purchase of or subscription to a product or service offered on our website or by a Lab User) or to send you administrative communications. In these instances, there may be a need to share your information with these companies to fulfill your requests.
Unless stated otherwise, these companies are allowed to gather, receive and use your information only for the purposes described in this paragraph or as required by law. Binder may contract with a third party to help manage and optimize our Internet business and communications.
The type of information we may collect includes, but is not limited to, the pages visited and links clicked by users. By supplementing our records, this information would help us to learn things such as what pages are most useful and attractive to our visitors and which of our tools and information most interest our visitors and users.
We may use, publish and exploit any information that is neither Personal Information nor PHI (including PHI that has been disidentified and/or, after disidentified, aggregated) for statistical, research, study, sale and other purposes, including for sharing with our vendors and sale, without any consideration due to you. In the event of a merger, sale or other new business reorganization, we may share your information during due diligence and may transfer the data to the new operator, including personally identifiable information, which may include PHI.
We may send communications to you on your mobile telephone by SMS or text message. Note if you block or reject Binder’s cookies or mobile device identifiers, you may not have access to all features.
You may opt out of receiving certain cookies and certain trackers by selecting the checkbox in My Profile section of the Consumer Dashboard. You will need to opt out of each browser and device for which you desire to apply these opt-out features.
Also, opting out does not mean that Binder is no longer using tracking tools as you continue to use our website/app, and may still serve advertisements to you via the services based on information it collects for provision of the website/app services. You can enable or disable Do Not Track by visiting the Preferences or Settings of your web browser although not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal.
HIPAA and PHI Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some demographic, health and/or health-related information that Binder collects as part of providing the OF Service may be considered “protected health information” or “PHI”. Binder may only use and disclose your PHI in the ways permitted by you and your Lab User and/or physician.
You should note the following prior to using, registering for or accessing the OF Service: We may share your Personal Information with Lab Users with which you choose to schedule through the OF Services. Lab Users will share PHI with us resulting from your use of the Lab Services, for subsequent access by you using the OF Service.
We may share the Personal Information with the insurance provider you identify to us, applicable plan administrator or their agent as well as the Lab User and their agent (including potentially via our third party vendor). We may share your Personal Information with our vendors who perform operational services (such as hosting, billing, fulfillment, data storage, security, user analytics and customized content and/or which make functionality, items, services and products available to our users through or otherwise via our OF Service).
In addition, you have been or will be asked to e-sign a Binder Registered User Agreement the “Binder Agreement”) potentially including subsequent authorizations from time to time. Your decision to e-sign the Binder Agreement is voluntary but may govern the OF Service functionality available to you (or preclude registration to the extent inherent to our intended use and functionality).
We respect the privacy concerns of parents and guardians regarding Children and their possible use of this OF Service. Binder does not allow Children years 13 or younger to register or use this service, does not knowingly collect or solicit Personal Information from anyone under the age of 13, or knowingly allow such persons to register and/or use the Service.
If you are under 13 please do not attempt to register for the OF Service and/or send any information about yourself to us including, but not limited to, your: name, address, telephone number, or email address. If you are a parent or guardian, and you learn that your Children have provided us with Personal Information, please contact us at firstname.lastname@example.org.
Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make or later make a specific request for information or action from Binder or use particular OF Service functionality that necessitates use of the Personal Information, (b) Binder uses your personal information for “Operational Uses” (as described above), (c) you either have engaged, simultaneously engage or later engage in Non-Registered Transactions as described above, or (d) Binder collects your personally identifiable information under any of the provisions above. Our systems may require time to update, and promotional mailings, by e-mail or otherwise, using personal information shared before your opt-out may already be in process.
We have implemented technical, administrative and physical security measures to protect user information from unauthorized access and improper use. For example, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
All communication uses industry standard secure sockets layer (SSL) encryption to ensure the connect between your browser and Binder servers remains private. Once personal health information reaches our system, it is encrypted using unique keys for ongoing storage allowing only those with special permission to access your records.
Please note that, at all times, you are responsible for updating your personal information to provide us with your current e-mail address. As a threshold, your receipt of personal information including PHI will either be online and/or through such e-mail address, so maintaining it as current is critical to your protection of your personal information and ensuring you continue to receive the value of the OF Service functionality.
Binder Attn: Privacy Officer 845 Third Avenue 6th FL New York, NY 10022 We will respond to such written requests within thirty (30) days following receipt at the mailing address above.
We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider.
USERS SHALL MAKE A HABIT OF REVIEWING THIS AGREEMENT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF THE USER’S ACCOUNT AND/OR THE OF SERVICE. BY CLICKING “I ACCEPT” BELOW, AND OTHERWISE INITIALLY OR THEREAFTER ACCESSING, VIEWING, AND USING THIS OF SERVICE OR BINDER’S WEBSITE, OR SUBMITTING ANY INFORMATION TO BINDER, THE USER HEREBY INDICATES THE USER’S ACCEPTANCE OF, AND AGREES TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
IF THE USER DOES NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, THE USER SHALL NOT CLICK “I ACCEPT” BELOW, SHALL NOT/NO LONGER USE THE OF SERVICE, AND SHALL BE PROHIBITED FROM USING THE OF SERVICE. WITHOUT LIMITING THE PROVISIONS BELOW, USERS FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD BINDER HARMLESS FROM AND AGAINST ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING ATTORNEYS’ FEES), RESULTING FROM ANY VIOLATION BY USERS OF THIS AGREEMENT.
USERS ACCEPT THIS AGREEMENT (AS MAY BE AMENDED IN BINDER’S SOLE DISCRETION) EACH TIME THEY ACCESS THIS WEBSITE AND OF SERVICE. IF A USER IS UNDER 18 YEARS OF AGE, USER REPRESENTS AND AGREES THAT IT POSSESSES THE LEGAL CONSENT OF HIS/HER PARENT OR GUARDIAN TO ACCESS AND USE THE OF SERVICE.
THE OF SERVICE AND WEBSITE IS REVOCABLE LICENSED FOR USE ONLY AND NOT SOLD. THE “OF SERVICE” INCLUDES ANY MOBILE DEVICE APPLICATIONS (APPS) NOW OR HEREAFTER EXISTING.
Through the OF Service, Binder provides a variety of features and functionality and associated administrative services to Registered Users and certain third party persons or entities engaged in the provision of clinical laboratory and/or diagnostic imaging services (“Lab Services”) as well owners, employees, staff, contractors and other persons associated with such persons or entities (each, the “Lab User”) as further described on the OF Service itself and in other materials Binder may provide to Users from time to time. Names and contract information of their physicians, Binder is expressly authorized to notify such physicians using such User-provided contact information that a User has registered as a Registered User.
We take certain limited steps to confirm the active license/permit status of those Lab Users who apply to license and use the App functionality as a participating subscriber. We provide the opportunity for them to enter into an agreement to be listed on and use our App based on their willingness to enter into a contract with us and such criteria as we may establish from time to time, including geographic location.
We strive to be available to all Lab Users but cannot control third parties’ willingness to contract with us or our then-current ability to service a particular geographic market and/or health care mayor type (private and/or governmental). We may also terminate a Lab User’s participation for violation of those terms and conditions they agree to.
No right is granted or conveyed by Binder to User except when and if such obligations are performed. Users hereby acknowledge and agree that successful implementation and use of the Service depends upon User providing appropriate computer hardware and software and Internet access.
Notwithstanding anything to the contrary set forth in this Agreement, Binder may immediately suspend or terminate the OF Service or terminate this Agreement at any time and for any reason without any liability. User shall access and use the OF Service in accordance with any operating instructions or procedures issued by Binder or available within the OF Service, as amended by Binder from time to time in Binder’s sole and absolute discretion, each of which shall be deemed incorporated into this Agreement.
Registered Users hereby grant Binder an irrevocable and perpetual license to access any information or data that Registered Users provide while accessing or using the OF Service for the purposes of ensuring proper access and use of the OF Service by Registered Users in accordance with this Agreement and to maintain and troubleshoot the OF Service and as otherwise set forth herein. Binder may solicit feedback from Users and may make such feedback available (at Binder’s sole and absolute discretion) to other Users and/or the public by posting such information on the OF Service.
Binder shall own all intellectual property rights of every kind and nature in such feedback, shall not have any liability for such use or editing of such feedback and Users shall indemnify, defend, and hold Binder harmless from, and hereby release Binder from, all claims relating to such feedback provided by the User. Binder does not provide any advice of any kind or nature, whether clinical, financial or otherwise.
Without limiting the generality of the foregoing, Binder does not provide any medical or other professional advice, and Binder shall not review any reports, communications, or any other information of any kind or nature (including, but not limited to, reviewing lab results or radiological results for abnormalities or any other reason) exchanged by Users with other Users including Lab Users and physicians, and shall not assume the direct care of any Registered User. Nothing stated or provided on the OF Service is intended to be, and shall not be taken to be, the practice of any profession or any healthcare, including but not limited such healthcare that may require a license, permit, or other applicable approval from a federal, state, or local jurisdiction.
Binder is not responsible or liable for Lab Users’ changing their fees. The parties hereby acknowledge and agree that Binder is not responsible for: (i) the accuracy, reliability, timeliness, or completeness of any data or information provided or received through the OF Service; (ii) the results that may be obtained from the use of the OF Service; (iii) the provision of Lab Services as a result of Lab User’s reliance on any Registered User information or other data provided through the OF Service; or (d) the cancelling or rescheduling of any appointment booked through the OF Service.
The OF Service is not intended as a substitute for, nor does it replace, professional advice, diagnosis, or treatment of any kind or nature, including but not limited to those that may be provided by a physician or other healthcare professional. User shall not use the OF Service for emergency medical needs.
Registered Users’ use of the OF Service shall continue until the earliest of such time as: The OF Service is terminated or canceled by Binder which Binder may do at any time and for any reason including, but not limited to, ceasing to offer the OF Service or a ruling, regulation, or order issued by a judicial, legislative or regulatory body causes Binder to believe that this Agreement or the OF Service may be in conflict with such rules, regulations, or orders.
Binder reserves the right to change, modify, add, or remove any portion of this Agreement or any portion of the OF Service, in whole or in part, without notice, at any time in Binder’s sole and absolute discretion. It is important for the User to refer to this Agreement and the OF Service from time to time to make sure that User is aware of any additions, revisions, or modifications that Binder may have made to this Agreement or the OF Service.
Any such additions, revisions, or modifications is effective immediately upon either a posting an updated version of this Agreement on the OF Service home page. Binder may change, update, suspend, and/or discontinue any aspect of the OF Service at any time without notice.
User hereby acknowledges and agrees that temporary interruptions of the Service may occur as normal events. User further acknowledges and agrees that Binder has no control over third party networks User may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of Binder.
Binder does not represent or warrant that every action Registered Users and Lab Users take with regard to their accounts and related activities on the OF Service shall be lawful in any particular jurisdiction. Binder may use third party subcontractors and service providers (including, but not limited to, Binder’s service provider Vault) in providing some or all of the OF Service such as using them for limited retention of Registered User’s personal health information, data security, OF Service backup, purging of data, keeping Registered User’s diagnostic information in one place.
An agent of a Lab User or other third party may make a “home visit” whereby such third party will visit the Registered User’s home and provide certain mutually agreed services (e.g. phlebotomy services). Binder is not responsible or liable for the acts or omissions of any such third party service providers.
Binder has made reasonable efforts to comply with Binder’s Health Insurance Portability and Accountability Act (“HIPPO”) obligations (if any, and to the extent it is bound by HIPAA) including, but not limited to, entering into Business Associate Agreements between Binder and any other person or entity where there might be a transfer of protected health information. Binder is not responsible or liable for the acts or omissions of any third party subcontractors or service providers.
In consideration for the OF Service, Registered Users shall pay Binder all the applicable fees set forth on the OF Service and any separate written agreement. Binder shall invoice and bill Registered Users during the registration process and subsequently as agreed pursuant to the sign-up and payment mechanisms communicated.
Registered Users hereby acknowledge and agree that this OF Service is offered solely on an ongoing subscription basis and may be cancelled automatically for non-payment. Binder shall not be obligated to refund any fees paid by Registered Users for any reason whatsoever.
All fees to Registered Users are calculated exclusive of any applicable federal, state, or local use, excise, value-added, gross receipts, sales, and privilege taxes, duties, universal service assessments, or similar liabilities associated with the OF Service. For purposes of identification, billing and marketing, Registered Users shall provide accurate, complete, and updated information to register for use of the OF Service, including their email address and applicable payment data (for example, a credit card number, billing address, and expiration date).
Binder shall bill Registered Users’ credit card for all fees unless other arrangements are agreed to in writing. In the event legal action is necessary to collect on balances due, Registered Users agree to reimburse Binder for all expenses incurred to recover sums due, including collection costs, attorneys’ fees and other legal and collection agency expenses.
Registered Users are solely responsible for all activities, actions, or misuse that occur under the Registered Users’ account and/or password, even if a friend, family member, guest, or employee committed the inappropriate activity. Registered Users shall adopt adequate security measures to prevent or minimize unauthorized use of their account.
Registered Users shall immediately notify Binder upon becoming aware of any breach of security or unauthorized use of their account and/or password. Binder shall cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
This includes, but is not limited to, attempting to access data not intended for User, logging into or making use of a server or account User is not expressly authorized to access, or probing or disrupting the security of other networks. Use or distribution of tools designed for compromising security is prohibited.
Users who violate systems or network security may incur criminal or civil liability. LAB FINDER IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF USER LOG-IN CREDENTIALS, E-MAIL OR ACCOUNT.
User hereby agrees that User shall not, or allow anyone using User’s account (as applicable) to, upload, embed, post, email, transmit, or otherwise make available on the Internet or through the OF Service any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity without the permission of the owner or persons authorized by the owner to grant permission. User is responsible for obtaining the necessary permission before permitting any protected material that belongs to others to be placed on the Internet or the OF Service.
For the avoidance of doubt, User shall not place any copyrighted materials of any kind or nature on the Internet or the OF Service if User do not have the legal right to use the materials. Except as authorized to use material without express permission under the copyright laws, User is responsible for obtaining permission before reusing any copyrighted material that is available on the OF Service.
User hereby acknowledges and agrees that the OF Service operates on shared network resources. User is expressly prohibited from excessive consumption of network resources, including CPU time, memory, disk space, and session time.
Registered User hereby acknowledges and agrees that all Registered User accounts are associated with a single email address and that the OF Service will return all lab test results associated with the Registered User account only to that email address. User acknowledges that the OF Service is commercially valuable to Binder and that the OF Service is treated as confidential and contains substantial trade secrets.
User’s right to use the OF Service does not include a grant to User of any ownership right, title, or interest in the OF Service or content therein. All copyright, patent, trade secret and other intellectual or proprietary rights in the OF Service shall remain the exclusive property of Binder and User shall (i) retain all copyright and trademark notices on the OF Service, and (ii) take other necessary steps to protect Binder’s intellectual property rights.
Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or Constitute or contain false or misleading indications of origin or statements of fact.
Notwithstanding anything to the contrary contained in this Agreement, Binder reserves the right to deny permission (even if previously granted) to link the OF Service to any other website for any reason in Binder’s sole and absolute discretion. User should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the OF Service or in the documents and policies of third parties.
Binder makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Materials and shall not be liable for any lack of or loss of the foregoing. User’s correspondence and business dealings with advertisers found on or through the OF Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between User and the advertiser.
User hereby agrees that Binder shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the OF Service. The views and opinions expressed within the OF Service do not necessarily reflect those of Binder.
From time to time, Binder may permit User as a OF Service subscriber to use OF Service to upload information, text, data, images, video, messages, and other materials to the OF Service (“User Content”). User Content uploaded to the OF Service or the Internet may be denied if it exceeds a reasonable size as determined by Binder, the recipient Internet website, or User’s own ISP.
Binder does not guarantee the quality or performance of any User Content that has been uploaded, and shall not be responsible for any damage to computer hardware or software as a result of uploading any User Content to the OF Service. Under no circumstances shall Binder be liable in any way for any User Content including, but not limited to, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of User Content made available via the OF Service.
User hereby grants Binder and Binder’s designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, reproduce, distribute, display, perform, publish, translate, adapt, edit, modify, publicly display, and otherwise use and exploit such User Content in connection with the OF Service regardless of the medium, technology, or form in which the User Content is used, and without any consideration or payment for same. Any ownership of information by Users does not affect Binder’s right to independent use and exploitation thereof, and Users hereby grant Binder independent ownership of same provided User personal identifying information is removed for such purpose (i.e., disidentified data) including compilation in the aggregate for statistical, research, data warehousing, study and sale purposes.
If complaints are received regarding language, content, or graphics contained in User Content, Binder may, at its sole discretion, remove User Content hosted on Binder servers and terminate User’s right to use the OF Service. For the purpose of this Agreement “Confidential Information” shall mean all information of Binder that, whether labeled “Confidential,” relates to its/their business, including, but not limited to, User Content, advertising/promotional material, customer lists, files (both physical and virtual), books, logs, charts, flow charts, algorithms, records, studies, reports, schedules, plans (including technical, business, financial, customer, and product development plans), strategies, ideas, inventions (whether patentable or not), trade secrets, copyrights, patents, and all intellectual property of every kind and nature that is furnished or disclosed by one party to the other, regardless of the means or location of disclosure.
Each other party acknowledges that after execution of this Agreement, they may be furnished with, receive, or otherwise have access to Confidential Information of Binder. The receiving party shall promptly notify the disclosing party of any such request for disclosure (and provide an actual copy thereof) in order to allow the disclosing party full opportunity to seek the appropriate protective orders unless prior notice would result in immediate jeopardy or violation of law or order.
The parties therefore agree that, in the event of an anticipated or actual breach by a receiving party, the disclosing party shall be entitled to obtain injunctive relief against such anticipated or actual breach in any court of competent jurisdiction, without the necessity of posting a bond even if otherwise normally required. Such injunctive relief shall in no way limit the disclosing party’s right to obtain other remedies available under applicable law.
THE OF SERVICE AND EVERYTHING ELSE PROVIDED TO USERS BY BINDER, INCLUDING ALL CONTENT, DATA, LISTS, ADDRESSES, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE OF SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE OF SERVICE IS ENTIRELY AT USER’S OWN RISK AND, EXCEPT AS SET FORTH IN THIS SECTION BINDER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO USERS FOR SUCH USE OR RELIANCE.
THE OF SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND INFRINGEMENT. THE OF SERVICE IS NOT WARRANTED TO PERFORM WITHOUT INTERRUPTION OR PROVIDE COMPLETE SECURITY.
BINDER DOES NOT WARRANT THAT USER’S ACTIVITIES OR USE OF THE OF SERVICE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BINDER MAKES NO WARRANTY THAT THE OF SERVICE SHALL MEET THE USER’S REQUIREMENTS OR REGARDING THE OF SERVICE’S ACCURACY, QUALITY, AVAILABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, OR APPROPRIATENESS FOR A PARTICULAR PURPOSE.
THE ACTS OR OMISSIONS OF ANY SUBCONTRACTOR OR THIRD PARTY SERVICE PROVIDER VISITING A REGISTERED USER’S HOME AND PROVIDING THE HOME VISIT PORTION OF THE LAB SERVICE INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES, MALPRACTICE AND/OR CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES; OR TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BINDER BE LIABLE TO USER FOR ANY (i) LOSS OF PROFITS OR LOST REVENUE; (ii) LOSS OF DATA, (iii) LOSS OR INTERRUPTION OF USE OF THE OF SERVICE, OR (iv) PROVISION OF OF SERVICE TO USERS, WHETHER IN AN ACTION IN CONTRACT, TORT OR BASED ON A WARRANTY, EVEN IF BINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL BINDER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USER’S USE OF, OR THE INABILITY TO USE THE OF SERVICE, THE PERFORMANCE OF THE OF SERVICE, OR TEST RESULTS PROVIDED BY LAB USERS, MEDICAL MALPRACTICE, MALPRACTICE OF ANY KIND WHETHER BY A MEDICAL PROFESSIONAL, OR NEGLIGENCE OF ANY KIND INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF HEALTHCARE PROVIDERS OR LAB USERS UTILIZED THROUGH USER’S USE OF THE OF SERVICE, EVEN IF BINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT SHALL BINDER’S AGGREGATE LIABILITY TO USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
The acts or omissions of User relating to lab results (by way of example, a User not taking proper, appropriate, or legally required action in relation to a positive HIV test); Binder shall be entitled to assume and control the reasonable defense and settlement of any Claim.
Binder shall be entitled to assume and control the reasonable defense and settlement of any Claim. Registered User shall provide reasonable cooperation and assistance in defending against any Claim.
USERS AND BINDER AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, LEGAL REPRESENTATIVES, HEIRS, ESTATES, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). The following rules will apply: (A) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
USER MAY BRING CLAIMS (INCLUDING ACTIONS IN EQUITY) AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS BROUGHT BY USER WITH MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID AT BINDER’S OPTION.
The foregoing provisions of this Section 15 do not apply to any claim in which Binder seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity. Notwithstanding any other rights a party may have under law or equity, any cause of action a User may have arising out of or related to this Agreement must commence within one (1) year after the cause of action accrues.
All claims User brings against Binder must be resolved in accordance with this Section. Should User file a claim contrary to this Section, Binder may recover attorneys’ fees and costs up to $5,000, provided that Binder has notified User in writing of the improperly filed claim, and User has failed to promptly withdraw the claim.
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, it will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and Users hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum. All information provided is deemed reliable but is not guaranteed and should be independently verified.
Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other bases. Binder shall not be liable for any delay in performing Binder’s obligations under this Agreement if such delay is caused by circumstances beyond Binder’s reasonable control including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services.
It shall be deemed given either when delivered personally, or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to Binder, at the following address: Binder, LLC, 845 Third Avenue, New York, NY 10022 If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.
All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, indemnity obligations, confidentiality and limitations of liability. User agrees that during the term of this Agreement and for two (2) years thereafter, User shall not knowingly hire, solicit for hire, or retain the services of employees or former employees of Binder, to directly or indirectly engage anywhere in the United States in any business in which Binder is currently engaged.
User also expressly agrees that it shall not during the period of its registration as a Registered User and for a period of three (3) years after cancellation thereof operate, manage, market, own or have any financial or contractual relationship in or with any website or mobile software application (app) that serves as a search engine and/or scheduling system for, whether alone or in combination with any of the following, clinical laboratories, patient service centers and/or diagnostic radiology practices and facilities, or the violating User shall, at Binder’s option in lieu of proving damages should it choose not to prove them, be liable to Binder for liquidated damages in the amount of $1,000 for each day of a violation and not as a penalty since damages are difficult to quantity, and, further, Binder shall be entitled to a preliminary and permanent injunction without any requirement of posting a bond as well as reimbursement of all costs and reasonable attorneys’ fees in enforcing this covenant and obtaining relief and for collection on any judgment with remedies in equity and at law being cumulative and not alternative (“Restrictive Covenants”). Users shall not at any time including after account cancellation disparage, impugn or deprecate the business, functionality, services, products, software or reputation of Binder and the OF Services.
Binder may provide you and your ordering physician or other practitioner with services seeking prior authorization of a test with your carrier/mayor before it is rendered. “Prior authorization” means any practice implemented by a carrier or mayor in which coverage of a health care service is dependent upon a covered person or a health care practitioner obtaining approval prior to the service being performed.
In rendering the services, Binder is relying solely on information provided by you (as the patient), on your behalf by a third party, and/or by ordering and/or rendering healthcare providers and suppliers, and does not represent or warrant that it will take steps to verify the information provided to it for the conduct of the prior authorization services. Prior authorizations are not a guaranty of payment or a verification of patient eligibility under the applicable carrier/mayor plan, and payment/reimbursement eligibility is ultimately subject to the terms and conditions of participation of the patient and rendering provider with the applicable carrier or mayor plan.
Binder does not conduct utilization review or make any determination or assessment of medical necessity. USERS, INCLUDING YOU, ASSUME THE SOLE AND ABSOLUTE RISK OF THE VALIDITY OF A PRIOR AUTHORIZATION AND THE AVAILABILITY OF COVERAGE AND/OR REIMBURSEMENT FOR THE SERVICE.
YOU WILL LOOK SOLELY TO YOUR CARRIER/MAYOR AND THE ORDERING AND/OR RENDERING HEALTHCARE PROVIDER WITH RESPECT TO ANY DISPUTE REGARDING THE AUTHORIZATION, PAYMENT AND/OR CARE. Binder includes a list of participating providers that pay us a fee for placement on the directory and for use of software functionality we make available for booking services and transmitting test results.
Participants that are not qualified to render their service, which fail to transmit to our users their test results and/or which fail to maintain compliance with their Binder terms and conditions of participation may be suspended or excluded from the directory.