DirectDx Terms of Service (TOS)
We welcome you to DirectDx.net (“DDX” “we” “our” “us”). DDX provides its licensed member clinicians and the organization said clinician represents (“clinicians” “you” “your” “I”) with access to major and specialty laboratory services at lower costs.
DDX does not require a membership fee and there are no annual fees or minimum ordering requirements to participate. Accounts can be terminated at any time for any reason.
Signing Up
These Terms of Service and Privacy Agreement will govern our relationship and are a contract governed solely by Georgia law. Our service (Quest Diagnostics and Labcorp) is not available in NY, NJ, MA, or RI. Only clinicians who practice in and are licensed in MA may use DirectDx.net for Labcorp and Quest testing. Testing restrictions for other labs will be posted in the test’s descriptions.
Payment
You must maintain a valid credit card on file prior to ordering lab tests. You may incur a per-patient phlebotomy charge at the draw site/facility, in addition to the costs of each test ordered (especially if they are drawing for a specialty lab test kit). The phlebotomy charge is added to your bill and not collected at the draw station (Labcorp and Quest Diagnostics) for tests they run (not kits from specialty labs). Your credit card will be charged when the test results and receipt are transmitted to you. Charges are itemized by the patient and will appear on your emailed receipt or fax cover sheet. Further, in the event that your credit card on file is declined, you agree and authorize DDX to attempt to charge your credit card until all unpaid transactions are satisfied. In the event your credit card is declined, DDX reserves the right to suspend your lab testing privileges or terminate your DDX account completely. In the case of bimonthly payments, you also agree to pay your bill in full on the 1st and 15th of each month or risk the balance being submitted to collections. Billing dates can change at any time and we will notify you of that change.
You must maintain current contact information, credit card information, and professional license information with DDX. You may send a Cancel Membership email to support@directdx.com to terminate your lab testing privileges with DDX, but in any event, the remainder of these Terms of Service will remain in effect until all outstanding invoices are paid.
DDX does not own or control any entity that interprets results or sells nutritional products or drugs. DDX does not offer interpretations of laboratory results. I understand that DDX does not accept insurance or file insurance claims and that I am ultimately responsible for all aspects of the care and well-being of my patients including the interpretation of their test results.
I agree to follow the Basic Ordering Instructions and complete all forms according to DDX guidelines for both paper and electronic requisitions, and if I do not, my membership may be suspended or terminated at the sole discretion of DDX. I assume all financial responsibility for the costs of testing ordered by me regardless of when testing occurs.
Miscellaneous Terms:
I understand by creating an account and using DDX services that I am a licensed healthcare practitioner that, by my state law, is able to order laboratory tests.
I understand and agree I am the treating physician and that DDX and the doctors employed who order the tests are considered the ordering physician. DDX has no doctor/patient relationship with any of the treating physician’s patients.
I understand that DDX service is for licensed practitioners to order tests for patients that I have an official doctor/patient relationship with.
I agree to report all required laboratory results and patient information to the appropriate public health authorities (e.g. HIV, Lyme disease, COVID-19, etc.) when deemed. DDX is not responsible for the neglect of this action. I understand that DDX will not complete this action for me.
I agree to appropriately contact patients with critical test results. I understand that DDX will not complete this action for me. DDX is not responsible for the neglect of this action.
By using DDX, I affirm that I am a licensed healthcare practitioner with the legal ability to order laboratory tests. I agree to advise DDX of any changes in my license status, office address, phone number, billing information, or credit card information within a reasonable time period or sooner as required by these Terms of Service or law. I represent that my license is good and valid each time I request lab testing from DDX. I also represent that my license authorizes me to perform the testing I request from DDX and that I will comply with all laws associated therewith. I will follow all laws and rules governing the use of laboratory work as determined by my licensing board. I further agree that I understand DDX provides an administrative service for me. As such, DDX does not make any representations or warranties as to the results of any lab tests or the efficacy of any courses of treatment. All responsibility for the well-being and care of my patients is borne by me. I hereby represent to DDX that I have obtained all proper authorizations required by law from the patient before using the services offered by PCS and I accept all responsibility for any acts or omissions resulting therefrom. I hereby agree to defend and hold DDX harmless for my errors and omissions related thereto. I also agree to indemnify, defend and hold DDX harmless for any act or omissions resulting from my negligence in following the terms of this agreement or in the treatment of my patients. I represent that I have read, signed, and returned the Business Associate Privacy Agreement. Finally, I understand that not all services are available in NY, NJ, MA, or RI.
You understand that any reflex testing conducted will be billed to your account.
You understand that DDX uses cookies and tracking information for marketing and administrative purposes.
You understand and acknowledge that DDX uses Google’s Invisible reCAPTCHA program to mitigate web bots. Acknowledging this also means that you agree to Google’s reCAPTCHA’s terms of service and privacy policy.
By signing up and using our website/service, you agree to be placed on our 3rd party email marketing service. You can unsubscribe at any time.
Resale
The use of DDX and its testing is for use solely for professional practice with licensed practitioners with a working doctor/patient relationship. No secondary business may be set up for the purpose of reselling lab tests to the public or other entities.
Disputes
DDX and I agree that any claim or dispute arising among DDX and I, or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under these Terms of Service, shall be resolved in the state or federal courts of Cobb County, Georgia. I hereby expressly waive jurisdiction and venue in any other court. This agreement shall be interpreted in accordance with the laws of the State of Georgia.
Physician Portal User Agreement
“I hereby request DDX to create a user account (“Account”) for me to access certain information contained in the
DDX Physician Portal (“Portal”). In consideration for providing me access I agree to the following terms and conditions:
1. Sole User. I will the only individual or party to access the Portal using my user name and password (“Access Code”) and will not share
my Access Code with any other party, or allow any other party to access or use the Portal under my Account. I agree I will be solely
responsible for any and all activity that occurs under my Account and that any violation of the terms and conditions of this Agreement
may result in termination of my Account.
2. Purpose of Access. I will access the Portal and use any such information contained therein (“Information”) as may be required or
necessary for the performance of my responsibilities as a physician for the treatment or diagnosis of my patient or to obtain payment
for my services. I agree to only access, use and disclose any Information in full compliance with any and all applicable laws, rules and
regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 and as subsequently amended.
3. Third Party Communication Services. I understand and agree that access to the Portal will be provided over certain communication
lines and/or the internet (“Communication Lines”) that are owned, maintained and services by third parties. DDX DISCLAIMS
ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION
FAILURES BY THIRD PARTIES and I will not hold DDX, liable for any issue related to the integrity, privacy, security, confidentiality
or use of any Information transmitted on any Communication Line or for any delay, failure, interruption, interception, loss, corruption
of any Information. I represent and agree that I have acquired, installed, configured and will maintain all hardware, software and
communications systems necessary to access the Portal and will ensure that such items comply with the specifications established by
DDX or as may be required by law.
4. Disclaimer of Content. I understand and agree that (i) all Information is provided “AS IS” and “AS AVAILABLE” without any warranty
of any kind; (ii) DDX disclaims all warranties, expressed or implied, statutory or otherwise, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose, noninfringement and title; (iii) I am solely responsible for any and all acts
or omissions taken or made in reliance on the Information; (iv) I assume all risks associated with my use of any of the Information; (v)
I assume all risks associated with my use of the Information; (vi) DDX will NOT be liable/responsible for any damage, loss, or injury
(including death) to any patient, third party, or property resulting from my use of the Information.
5. Limitation of Liability. IN NO EVENT SHALL DDX BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS
OF INFORMATION, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF DDX HAS BEEN
APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. I agree to indemnify and hold DDX harmless from any
and all losses, claims, damages, liabilities, causes of action asserted by any third party against DDX, arising from my (i) intentional or
negligent acts or omissions, (ii) breach of this Agreement; or (ii) failure to comply with any applicable law, rule or regulation.
6. No Endorsement or Medical Advice. I understand and agree that DDX is not the author of, nor does it represent, recommend, advise,
or endorse the appropriateness, usefulness, accuracy, or correctness of any Information. I further understand that no Information is
intended as, nor should it be construed as, the provision of medical advice, opinion, diagnosis, prognosis, or a recommendation of any
treatment by DDX. I understand agree that I will NOT use, or rely upon, the Information as a substitute for my professional judgment,
or that of any other health care provider, to diagnose, treat or care for a patient.
