Terms of Service

Last updated: September 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the website, Document Center materials, online forms, and related online services made available by RSM Diagnostics Lab LLC, a Delaware limited liability company (“RSM Diagnostics Lab LLC,” “RSM Diagnostics Lab,” “RSM,” “we,” “us,” or “our”).

Website access and acceptance

By visiting, accessing, browsing, viewing, downloading from, submitting through, or otherwise using the website, Document Center, online forms, patient or provider portals, communications, or any other online or related service made available by RSM, you agree to be bound by these Terms, RSM’s Privacy Policy, RSM’s Notice of Privacy Practices, and all other applicable RSM legal notices, policies, account agreements, order-specific documents, and mandatory regulatory and program requirements governing laboratory services, billing, privacy, security, and data handling, in each case as posted, published, or made available by RSM through the website or a related service, including as revised, replaced, supplemented, suspended, or withdrawn from time to time, to the fullest extent permitted by applicable law. This agreement by access or use applies whether or not you complete a separate acceptance step and is in addition to any affirmative acceptance, electronic signature, checkbox confirmation, or other express agreement RSM may require.

Except where applicable law, a signed agreement, or an order-specific document requires a different result for a particular matter, relationship, or transaction, your continued visiting, accessing, browsing, viewing, downloading from, submitting through, or otherwise using the website, Document Center, online forms, patient or provider portals, communications, or any other online or related service made available by RSM after RSM conspicuously posts or provides notice of a revised or replacement term, policy, notice, billing policy, fee schedule, pricing summary, collection practice, portal term, form instruction, or other website or online-service arrangement constitutes your agreement to that revised or replacement version for website use and for future services, orders, specimens, shipments, kits, account activity, billing, collections, portal access, and related interactions, to the fullest extent permitted by applicable law.

Where RSM presents a legal notice that requires affirmative acceptance, you must check the required box and select “I agree” before accessing the applicable restricted website feature, Document Center material, online form, portal function, or other service identified in that notice. That action constitutes your electronic signature and agreement to these Terms and the Privacy Policy, to the fullest extent permitted by applicable law.

RSM may maintain records of acceptance in browser, server, portal, account, form-submission, electronic-signature, or other electronic systems, subject to applicable law and RSM’s record-retention practices. Such records may include the Terms version presented, the date and time of acceptance, and available technical, account, or transaction information associated with the acceptance. If RSM updates these Terms, RSM may require renewed acceptance before access to an applicable restricted feature or service continues. Laboratory testing, billing, and related services remain subject to separate requisitions, account agreements, and operational policies even after website acceptance.

Patient, responsible-party, and provider acceptance

Where an RSM test requisition form, patient financial responsibility form, Advance Beneficiary Notice of Noncoverage, insurance authorization, payment authorization, patient portal acknowledgment, specimen-collection attestation, account agreement, or other RSM document expressly identifies these Terms or another RSM policy and provides a reasonably accessible copy or hyperlink at or before signature or acceptance, the signer agrees to the identified document or policy to the fullest extent permitted by applicable law.

The document presented for signature controls only the scope of the acknowledgment, consent, certification, authorization, and obligation expressly stated in that document. The Document hierarchy and order-specific terms section of these Terms governs any conflict among applicable RSM documents. No person is deemed to agree to a document or policy that was not reasonably identified and made available at or before the applicable signature or acceptance.

Such acceptance is in addition to, and does not replace or limit, any clinical consent, medical necessity certification, ordering provider attestation, payor-specific documentation, or regulatory acknowledgment required for the order, specimen, test performance, result reporting, or claim submission. Where a parent, guardian, personal representative, or other authorized representative signs on behalf of a patient, that signatory represents and warrants that they have legal authority to bind the patient and, to the extent applicable, themselves to these Terms and the policies identified above.

RSM may maintain records of signatures and acceptances in paper, electronic, portal, imaging, or other form. An electronic signature or acceptance has the same force and effect as a handwritten signature to the extent permitted by the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, and other applicable law. No signature or acceptance waives any non-waivable patient right under applicable law, and no provision of these Terms limits RSM’s obligations under mandatory regulatory or program requirements.

Authority, identity, and fraud prevention

RSM may require identity verification, documentation of authority, proof of provider licensure, account authorization, payment verification, specimen-source verification, or other information before shipping a kit, accepting an order, releasing a report, processing a payment, responding to a request, or providing access to an account or portal. RSM may reject, delay, suspend, or cancel a request where RSM cannot verify identity, authority, documentation, payment, order validity, or compliance eligibility, or where RSM otherwise identifies a legal, regulatory, quality, security, fraud, billing, licensure, shipping, or operational concern.

Any person who submits information, signs a document, requests a kit, submits an order, or accesses an RSM account represents that the information is accurate and that they have authority to act for the individual or entity identified. RSM may rely on those representations unless RSM has actual knowledge that they are inaccurate.

Account credentials and access security

Each account holder, practice, facility, provider, responsible party, and authorized user is responsible for protecting usernames, passwords, authentication factors, devices, access codes, and other account credentials. Credentials may not be shared, transferred, disclosed, or used by any unauthorized person. Each account holder must immediately notify RSM of any suspected unauthorized access, credential compromise, improper disclosure, lost device, account misuse, or security incident affecting an RSM account, portal, form, patient information, or RSM material.

Subject to applicable law and RSM’s payment-verification procedures, RSM may rely on instructions, submissions, requests, acknowledgments, forms, and communications transmitted through valid account credentials unless RSM has actual knowledge of unauthorized use. Payment authorizations remain subject to the applicable payment authorization, payment processor requirements, and applicable law. RSM may suspend, restrict, reset, terminate, or refuse account access at any time for security, legal, regulatory, operational, billing, payment, fraud, privacy, or compliance reasons.

Informational purpose

Website content is provided for general informational and educational purposes for healthcare providers and interested visitors. It is not a substitute for professional clinical judgment, diagnosis, or treatment decisions.

No reliance; no guarantee

Website content, Document Center materials, test descriptions, collection instructions, pricing information, billing summaries, service-area information, turnaround-time information, marketing materials, communications from RSM personnel, and other information RSM makes available are general information only. They do not constitute a promise, warranty, guarantee, representation, clinical recommendation, coverage determination, legal advice, coding advice, reimbursement advice, or commitment that RSM will accept, perform, report, bill, ship, deliver, reimburse, make available, or continue any test, service, price, billing arrangement, collection practice, portal function, or account relationship.

No person may rely on general website content, an informal communication, an account setup activity, a portal display, a prior invoice, a prior price, a prior payment practice, or prior course of dealing as a substitute for a signed agreement, completed requisition, written RSM approval, or order-specific document. RSM may correct clerical, pricing, technical, content, system, administrative, or other errors at any time without liability.

No duty to accept or perform services

RSM may, in its sole discretion and without liability to the fullest extent permitted by applicable law, accept, decline, delay, limit, condition, suspend, discontinue, or refuse any request, order, specimen, test, account, shipment, billing arrangement, claim submission, portal access, form submission, price, collection activity, or service. RSM has no duty to accept an order, process a specimen, perform a test, submit or pursue a claim, ship a kit, maintain a price, extend credit, continue an account relationship, preserve a particular billing arrangement, or provide a particular turnaround time unless RSM expressly agrees in a written agreement signed by an authorized RSM representative.

RSM may require payment, a deposit, additional documentation, identity verification, authorization verification, licensure verification, a revised order, a re-collection, a revised billing arrangement, or other conditions before providing any service.

Payment and deposit do not require performance

Receipt of a payment, deposit, payment authorization, insurance information, claim information, specimen, requisition, account request, or form submission does not require RSM to accept an order, perform testing, report results, submit a claim, ship a kit, extend credit, or continue any service. RSM may apply, refund, retain, return, offset, credit, or otherwise handle amounts received in accordance with applicable law, the applicable payment authorization, the applicable order-specific document, and RSM’s then-current billing policies, including any disclosed nonrefundable charge, cancellation charge, kit charge, shipping charge, processing charge, or amount attributable to services already performed.

Laboratory services

Ordering, specimen handling, reporting, billing, and related laboratory services are subject to RSM’s acceptance of the applicable order and are governed by applicable requisitions, account agreements, order-specific documents, and RSM policies. Submission of a website form, test requisition, specimen, payment, account request, or other document does not by itself require RSM to accept an order, perform testing, provide a report, submit a claim, ship a kit, extend credit, or create a testing relationship unless and until RSM accepts the applicable order or service request in accordance with its then-current requirements.

Document hierarchy and order-specific terms

Applicable law and mandatory program requirements control over all RSM documents. Subject to that rule, where documents conflict, the following order controls only as to the subject addressed: (1) an applicable Business Associate Agreement for protected health information matters; (2) a signed provider, practice, facility, or account agreement; (3) a completed test requisition, patient financial responsibility form, Advance Beneficiary Notice of Noncoverage, insurance authorization, payment authorization, or other order-specific document; (4) RSM’s Notice of Privacy Practices; (5) these Terms; (6) RSM’s posted billing policies, solely for billing, payment, deposit, insurance, and financial-responsibility subjects; and (7) general website content, pricing summaries, marketing materials, or oral statements.

An order-specific document governs only the order or matter it identifies. No website summary, price display, marketing statement, or oral communication modifies a signed agreement or order-specific document unless an authorized RSM representative approves the modification in a writing that identifies the affected agreement or order.

RSM’s posted billing policies are RSM policies to which you agree under the Website access and acceptance section of these Terms. For billing, payment, deposit, insurance, and financial-responsibility subjects only, they supplement these Terms and control over general website content, pricing summaries, marketing materials, and oral statements, but they do not control over these Terms or over any higher-ranked document listed above. Nothing in RSM’s posted billing policies expands RSM’s obligations under these Terms, under any signed agreement, or under any order-specific document.

No oral modification; authorized representatives

No oral statement, email, text message, informal communication, prior course of dealing, staff instruction, marketing material, invoice format, account setup activity, portal display, payment practice, or conduct modifies these Terms, an account agreement, an order-specific document, a billing arrangement, a service-area restriction, or an RSM policy unless an authorized RSM representative approves the modification in a writing that expressly identifies the document or arrangement modified.

No employee, contractor, provider, practice, facility, collection agent, carrier, third-party vendor, or other person has authority to bind RSM, waive an RSM right, make a clinical representation, guarantee coverage or reimbursement, approve a billing arrangement, alter a price, change a compliance requirement, extend credit, accept an order, or change an RSM policy unless RSM expressly grants that authority in writing.

Written RSM instructions are binding only if issued by an RSM representative who has express written authority to issue the instruction for the applicable subject matter. General customer-service communications, automated messages, portal notices, marketing communications, and informal staff communications are not binding written RSM instructions unless they expressly state otherwise and identify the authorized RSM representative.

Online request forms

The Request a Kit page provides three Google Forms. The Account Requisition Form is for new practice, facility, and provider account setup, portal access, and initial kit coordination. The Bulk Shipment Request Form and Patient Direct Drop Shipment Request Form are only for preexisting RSM clients that already have an RSM account and a KOLIMS account. Each form has its own Administrative, Privacy, and Compliance Notice on the Request a Kit page. The Bulk Shipment Request Form and Patient Direct Drop Shipment Request Form also include a Preliminary Attestation Statement. Those notices and attestations apply to the matching form and do not replace these Terms, RSM’s Privacy Policy, RSM’s Notice of Privacy Practices, or any account or services agreement.

None of these website forms is a completed laboratory order. RSM will not accession, process, or perform any test until a completed and signed TRF is returned with a specimen. The returned, signed TRF is the operative document for medical necessity, patient consent, and ordering provider certification. The Bulk Shipment Request Form is a request for blank kit supply only. The Patient Direct Drop Shipment Request Form is a request to ship a kit and a blank TRF to an identified patient; it is not a substitute for the patient’s medical record or the ordering provider’s clinical documentation. RSM may decline, delay, or request clarification of any form submission that is incomplete, inconsistent, unauthorized, or insufficient to support fulfillment, testing, or billing.

Regulatory status and laboratory-developed tests

RSM Diagnostics Lab LLC is a CLIA-certified high-complexity clinical laboratory (CLIA ID 08D2253750) operating under the direction of a qualified laboratory director. Certain assays offered by RSM are laboratory-developed tests developed and validated by RSM for performance in its CLIA-certified high-complexity laboratory. Unless RSM states otherwise for a specific assay, these tests have not been cleared or approved by the U.S. Food and Drug Administration. RSM performs and offers such tests subject to applicable federal and state law, regulatory requirements, and RSM’s then-current validation, quality, reporting, and compliance requirements. Regulatory requirements and RSM’s test availability may change without notice where permitted by law.

Natural agent sensitivity testing is performed in vitro for investigational and supplemental purposes. It is not a substitute for standard-of-care therapy or independent clinical judgment. All test results are intended for use by qualified healthcare professionals in conjunction with clinical evaluation.

Test availability and compliance hold

RSM may modify, suspend, discontinue, decline, or limit any test, panel, methodology, specimen type, collection method, reporting practice, service area, billing arrangement, shipment, or account activity where RSM determines that legal, regulatory, scientific, quality, licensure, payor, operational, supply, privacy, security, fraud, documentation, or patient-safety considerations require that action.

RSM may place an account, order, specimen, claim, shipment, kit request, billing arrangement, portal access, form submission, payment transaction, or other service on hold; reject or cancel an order; suspend or terminate an account; or require additional documentation, payment, re-collection, corrective action, or a different billing arrangement where RSM identifies a compliance concern. RSM may delay or restrict release of information or reports only to the extent permitted by applicable law. To the fullest extent permitted by applicable law, RSM is not liable for any resulting delay, rejection, non-performance, interruption, lost opportunity, lost revenue, lost profits, additional cost, patient dissatisfaction, claim denial, recoupment, or other consequence. The Compliance holds, suspension, and termination section below supplements this section and does not limit it.

Billing, coverage, and financial responsibility

RSM is generally out-of-network with commercial insurance carriers. For select tests only, and only as described in the Medicare acceptance for select tests section below, Medicare may be accepted where RSM determines that the test, the order, the supporting documentation, and the applicable jurisdiction support submission. Tests ordered for screening or without supporting medical necessity may not be covered, and patients may be financially responsible for non-covered services. Advance Beneficiary Notices (ABN) may be provided for Medicare tests expected to be non-covered.

All pricing is established in advance, consistent with fair market value, and is not contingent on the volume or value of any referrals.

Tests are offered at RSM’s standard retail pricing then in effect for the test ordered. Standard retail pricing is established by RSM in its sole discretion, applies per test and per patient encounter, and may be amended, superseded, or withdrawn at any time, with or without notice. Pricing quoted, published, listed in any schedule, or previously charged is not a guarantee of present or future pricing, and no discount, adjustment, write-off, waiver, or prior course of dealing creates any entitlement to the same or similar treatment for any other test, order, patient, payor, account, or period. Nothing in these Terms constitutes an offer of credit, an extension of financing, or a commitment to perform testing in advance of payment or of a billing arrangement approved by RSM.

Billing models; scope of the following sections

RSM makes laboratory services available under more than one billing arrangement. In some arrangements, RSM handles patient billing, collections, or claim submission for an order, including direct patient billing. In other arrangements, including clinic billing, a clinic, practice, or facility handles its own patient billing and collections and RSM invoices that entity for tests performed over an applicable billing period. Availability of any arrangement is account-specific, jurisdiction-specific, payor-specific, and fact-specific, and remains subject to RSM’s sole discretion and to the limitations described elsewhere in these Terms.

The sections immediately following, addressing Medicare acceptance, diagnosis coding, courtesy claim submission, deposits, payment at submission, superbills, and plan types not currently accepted, apply only where RSM handles billing, collections, or claim submission for the test at issue. They do not apply to clinic billing or to any other arrangement in which the clinic, practice, or facility performs its own patient billing and collections and RSM invoices that entity. Where an arrangement is changed, restricted, suspended, or withdrawn, the provisions applicable to the arrangement in effect at the time an order is submitted govern that order.

Medicare acceptance for select tests

Medicare may be accepted for select tests where RSM determines that the test, the order, the supporting documentation, and the applicable jurisdiction support submission. The tests for which Medicare is accepted are designated by RSM in its sole discretion and may be added, limited, conditioned, suspended, or discontinued at any time, with or without notice. Acceptance of Medicare for one test does not extend to any other test, and acceptance of one order does not create any entitlement, expectation, or guarantee of acceptance for any subsequent order.

Consistent with Medicare payment rules applicable to covered clinical diagnostic laboratory tests, RSM does not collect a Medicare patient copayment, coinsurance, or deductible amount for such tests. That treatment reflects the operation of those payment rules and is not a discount, courtesy waiver, price concession, or inducement offered by RSM. Acceptance of Medicare is not a representation that any claim will be accepted, covered, paid, or paid at any particular rate, and does not waive any patient obligation imposed by applicable law or program rules. Where a Medicare test is expected to be non-covered, an Advance Beneficiary Notice of Noncoverage may be provided and the patient may be financially responsible for the service to the extent permitted by law.

Diagnosis coding and medical necessity documentation

The ordering provider is solely responsible for selecting and supplying appropriate, complete, accurate, and supportable ICD-10-CM diagnosis code or codes, together with any additional documentation required to establish medical necessity for each test ordered. Missing, incomplete, inaccurate, outdated, unsupported, or non-supportive codes or documentation may result in reduced insurance coverage, reduced payment, claim denial, delayed adjudication, recoupment, or the patient or responsible party becoming financially responsible for the service.

RSM does not select, assign, supply, alter, supplement, or upgrade diagnosis codes on behalf of any ordering provider, and will not add or substitute any code that is not supported by the order and documentation received. Submission of a diagnosis code is not a coverage determination. No statement by RSM or by any RSM representative concerning coding, coverage, or documentation constitutes coding advice, legal advice, reimbursement advice, or a guarantee of payment, and the ordering provider remains responsible for the accuracy and supportability of every code and certification submitted.

Courtesy commercial claim submission and deposits

For select tests, and only where RSM handles billing for the order, RSM may submit a claim to a commercial insurance carrier as an administrative courtesy, provided that complete and accurate insurance information is furnished and any required deposit is paid in advance. Courtesy submission is discretionary, is available only for tests RSM designates from time to time, and may be limited, conditioned, suspended, or discontinued at any time, with or without notice.

A courtesy submission does not make RSM a participating, in-network, or contracted provider with any carrier or plan, does not create any duty to submit, resubmit, correct, appeal, arbitrate, or otherwise pursue any claim, and is not a representation that a claim will be accepted, adjudicated, covered, or paid in any amount. RSM is generally out-of-network, and the patient or responsible party remains financially responsible for amounts not paid by a carrier or plan, to the fullest extent permitted by applicable law.

Where a deposit is required, the amount, timing, method, and treatment of the deposit are established by the applicable payment authorization, patient financial responsibility form, account agreement, or other order-specific document, as supplemented by RSM’s posted billing policies. A deposit may be applied to amounts owed for the test, refunded, or retained in whole or in part in accordance with those documents and applicable law. A deposit is not a payment of any carrier or plan obligation, not an estimate or cap on final patient responsibility, and not a guarantee of coverage, submission, payment, or reimbursement. RSM is not obligated to submit any claim, accession any specimen, or perform any test before a required deposit is received.

Payment at submission where courtesy filing is unavailable

For tests that do not qualify for courtesy claim submission, or where the carrier, plan type, jurisdiction, order, or documentation does not support submission, full payment at RSM’s standard retail pricing then in effect is due at the time the order and specimen are submitted, where RSM handles billing or collections for that order. RSM is not obligated to accession, process, or perform any test for which required payment has not been received, and may hold, decline, or return the associated order or specimen. Specimen viability, stability, and applicable acceptance criteria are not extended by any payment delay, and RSM is not liable for specimen degradation, expiration, or rejection resulting from non-payment or delayed payment.

Where a test has been performed, RSM will make completed test reports available in accordance with applicable law and RSM’s applicable identity-verification, privacy, reporting, and account-access procedures, irrespective of the payment status of the account. Making a report available does not waive, reduce, or discharge any amount owed to RSM.

Superbills and patient-initiated reimbursement

Where RSM does not submit a claim, has not submitted a claim, or a claim submitted by RSM has been denied, the patient or responsible party may seek reimbursement directly from the applicable carrier or plan. To request a superbill, obtain medical necessity documentation from the ordering provider and email info@rsmdiagnosticslab.com. A superbill is provided as an administrative courtesy and is subject to verification of identity and authority, applicable privacy law, and RSM’s then-current billing policies.

RSM does not submit, appeal, negotiate, or otherwise pursue patient-initiated reimbursement requests, and does not act as the representative, agent, or assignee of any patient or responsible party with respect to any carrier or plan. RSM makes no representation that a superbill will result in coverage, reimbursement, or payment in any amount. Denial or non-payment of any claim, whether submitted by RSM or by a patient or responsible party, does not reduce, offset, suspend, or excuse amounts owed to RSM for testing performed, to the fullest extent permitted by applicable law.

Plan types not currently accepted

Unless RSM expressly agrees otherwise in a written agreement signed by an authorized RSM representative, Medicaid programs, including managed Medicaid, HMO plans, and any other plan or payor category RSM designates as unavailable, are not accepted. RSM does not bill, submit claims to, accept assignment from, or accept payment from such programs or plans for testing described on this site. Where an order is associated with a plan type RSM does not accept, RSM may decline the order, or may handle the order on a patient-responsibility self-pay basis only where permitted by applicable federal law, state law, and program rules.

Plan-type acceptance is determined by RSM in its sole discretion and may change at any time, with or without notice. The ordering practice, provider, and facility remain responsible for confirming a patient’s coverage type before submitting an order and for any consequence arising from submission of an order associated with a plan type RSM does not accept.

No guarantee of coverage; estimates; no waiver

No statement on this website, in any price schedule, in any communication from RSM personnel, or in any prior transaction constitutes a representation, warranty, or guarantee of insurance coverage, benefit eligibility, network status, claim acceptance, claim payment, reimbursement amount, or final patient financial responsibility. Coverage and payment determinations are made by the applicable carrier, plan, or program under its own rules and applicable law.

Where required by applicable law, RSM will furnish a good faith estimate of expected charges to an uninsured or self-pay individual in connection with requested or scheduled testing. Any estimate is based on the information available when it is prepared, and actual charges may differ where the order, test selection, specimen, documentation, or applicable requirements change. An estimate is not a guarantee of final charges, coverage, reimbursement, test availability, medical necessity, claim submission, payment, or service performance. Nothing in these Terms limits a right or remedy that applicable law provides in connection with a good faith estimate.

RSM’s failure or delay in enforcing any provision of these billing sections is not a waiver of that provision or of any other provision, and no waiver is effective unless set out in a writing signed by an authorized RSM representative. If any provision of these billing sections is held unenforceable in a jurisdiction, it will be enforced there to the maximum extent permitted and will not affect its enforceability elsewhere or the enforceability of the remaining provisions.

Service area

RSM Diagnostics Lab LLC provides laboratory services only within the United States and certain U.S. territories, subject at all times to applicable federal law, state law, territorial law, district law, payer policy, licensing requirements, laboratory regulations, professional practice standards, shipping limitations, and compliance review.

New York and California

RSM Diagnostics Lab LLC does not offer services in New York or California. RSM will not accept, perform, process, ship, deliver, bill, or receive testing associated in any manner with New York or California, including without limitation any patient with a New York or California address, any specimen collected in, shipped from, shipped to, routed through, or otherwise connected to New York or California, or any account, practice, provider, or facility located in or operating from New York or California.

Clinic billing: purpose and structure

Any clinic billing option offered by RSM is intended solely as an administrative billing arrangement that passes on a fixed fee schedule to clinics, practices, and facilities that handle their own patient billing and collections. It is not intended, and shall not be construed, as a kickback, rebate, referral fee, commission, percentage-of-collections, or any other remuneration to induce or reward referrals, patient volume, or the use of RSM services. Notwithstanding that intended purpose, clinic billing is available only where RSM determines, in its sole discretion, that the arrangement is permissible and appropriate under the governing requirements.

Clinic billing is structured on a fixed retail price schedule that reflects the standard total market price per patient encounter, inclusive of applicable administrative and collection handling. The schedule does not vary based on the number of patients referred, the number of tests ordered, the volume of services performed, or the amount billed to or collected from any health care benefit program or patient; the same fixed price applies per patient encounter, and any separate clinic billing or collection activity is conducted by the clinic, practice, or facility on its own behalf. Even so, federal anti-kickback, all-payor anti-kickback, EKRA, anti-markup, and self-referral restrictions, as well as state law analogues, may still apply to clinic billing structures and are taken into account by RSM in determining where and how clinic billing is available.

Clinic billing may be structured in different invoicing formats depending on the account and arrangement approved by RSM. In some arrangements, RSM bills or invoices per patient encounter directly. In other arrangements, the clinic, practice, or facility collects directly from the patient at the same fixed price point applicable to that encounter, and RSM separately invoices the clinic, practice, or facility on a periodic basis for the aggregate or tallied total of those encounters over the applicable billing period. The invoicing format and timing do not alter the fixed nature of the price schedule, do not constitute a markup, rebate, or differential margin between what is collected from the patient and what is remitted to RSM, and do not change the applicability of any restriction, exclusion, or condition described in this notice. All invoicing formats remain subject to the same legal, regulatory, payer, and jurisdictional limitations set forth herein, and RSM reserves the same rights to deny, restrict, suspend, or modify any invoicing format under the conditions described above.

Independent parties; no agency or referral authority

RSM, each ordering provider, each practice, and each facility act as independent parties. Nothing in these Terms, an account relationship, or a billing arrangement creates a partnership, joint venture, employment relationship, fiduciary relationship, agency relationship, referral relationship, or authority for one party to bind another.

No provider, practice, facility, employee, contractor, or representative may make a representation, warranty, guarantee, coverage statement, pricing commitment, collection statement, clinical claim, or other commitment on RSM’s behalf unless RSM has expressly authorized it in writing.

Jurisdictions where clinic billing may be unavailable

Clinic billing is unavailable wherever applicable law, regulation, agency guidance, payer policy, or compliance review restricts or prohibits billing by a clinic, practice, provider, facility, or intermediary for diagnostic or laboratory services performed by or sourced through an outside laboratory. Available legal and industry materials identify states that have direct-billing requirements, anti-markup limits, disclosure obligations, or related restrictions affecting provider billing for outside laboratory or pathology services, including Arizona, California, Colorado, Connecticut, Massachusetts, Nevada, New Jersey, New York, Rhode Island, Louisiana, Ohio, South Carolina, Tennessee, Indiana, Iowa, Maryland, Montana, Kansas, Washington, Florida, Illinois, Michigan, Oregon, Pennsylvania, Utah, and Virginia, and RSM may treat clinic billing as unavailable or restricted in these jurisdictions accordingly.

Clinic billing may also be unavailable, restricted, or discontinued in the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other U.S. territory or possession where applicable law, territorial rules, shipping constraints, payer requirements, or compliance review do not support the arrangement.

Structure-specific and fact-specific limits

Even where clinic billing is not geographically excluded, it may still be unavailable in whole or in part depending on the specific structure and facts presented. Restrictions may apply where the arrangement involves billing by a non-performing entity, anti-markup limitations on purchased tests, direct-billing mandates, disclosure requirements for outside laboratory services, patient-residence restrictions, specimen-origin or specimen-destination restrictions, payor-specific requirements, Medicaid restrictions, test-specific rules, ownership or compensation relationships, or any other legal, reimbursement, operational, or compliance concern identified by RSM. This includes arrangements where a clinic, practice, or facility is billed a fixed approved administrative amount per patient encounter and separately handles its own patient billing and collections, if and to the extent RSM determines that the applicable jurisdiction, payor, or facts do not permit that structure.

Eligibility, discretion, and no guarantee

Where clinic billing is unavailable, RSM may require direct billing by the performing laboratory, another billing structure approved by RSM, or may decline service entirely. The availability of clinic billing is account-specific, jurisdiction-specific, fact-specific, and payor-specific, and no communication, onboarding activity, account setup, invoice format, fee schedule, or prior course of dealing shall be construed as a representation, warranty, or guarantee that clinic billing is lawful, available, approved, or reimbursable in any present or future circumstance.

RSM reserves the absolute right, at any time and in its sole discretion, to deny, refuse, restrict, suspend, modify, terminate, or withdraw clinic billing eligibility for any account, provider, practice, facility, patient, specimen, payor, test, order, jurisdiction, state, district, territory, possession, or transaction, with or without notice, whenever RSM determines that legal, regulatory, contractual, reimbursement, licensure, shipping, operational, or compliance risk may exist. RSM makes no representation that clinic billing is available except where expressly approved by RSM for the specific arrangement at issue.

Provider responsibility for billing compliance

The ordering practice, provider, and facility remain solely responsible for compliance with all applicable billing, coding, disclosure, licensure, referral, ownership, compensation, professional conduct, and payor requirements. RSM disclaims liability for denials, recoupments, overpayments, audits, investigations, penalties, sanctions, enforcement actions, disciplinary actions, shipping interruptions, or other losses arising from any billing conduct by a practice, provider, facility, or third party that is inconsistent with applicable law, regulation, policy, contract terms, or RSM instructions.

For avoidance of doubt, clinic billing is categorically unavailable for New York and California and may be unavailable in whole or in part in Arizona, Colorado, Connecticut, Massachusetts, Nevada, New Jersey, Rhode Island, Louisiana, Ohio, South Carolina, Tennessee, Indiana, Iowa, Maryland, Montana, Kansas, Washington, Florida, Illinois, Michigan, Oregon, Pennsylvania, Utah, Virginia, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other U.S. state, territory, district, or possession where applicable law, payer policy, or RSM compliance review restricts or disallows the model.

Eliminating Kickbacks in Recovery Act (EKRA)

Separately from the federal Anti-Kickback Statute and any all-payor anti-kickback analogues, the Eliminating Kickbacks in Recovery Act (EKRA), 18 U.S.C. § 220, prohibits certain kickbacks, bribes, and other remuneration in connection with referrals to clinical laboratories with respect to services covered by a health care benefit program, including commercial payors. RSM intends that any pricing, clinic billing, account, marketing, or referral-related arrangement offered or maintained by RSM will not be used, and shall not be construed, as remuneration to induce or reward referrals of patients, specimens, or laboratory services in violation of EKRA. Ordering practices, providers, and facilities remain solely responsible for ensuring that their own compensation, ownership, marketing, and referral arrangements involving RSM testing comply with EKRA and any applicable state analogues. RSM reserves the right to deny, modify, suspend, or terminate any arrangement that RSM determines may create EKRA risk, with or without notice.

No medical advice; assumption of clinical responsibility

Website content and general test information do not constitute medical advice and do not establish a provider-patient relationship. The ordering provider retains sole responsibility for selecting tests, assessing medical necessity, interpreting results in the context of the patient’s clinical presentation, communicating with the patient, and making diagnosis and treatment decisions. To the fullest extent permitted by applicable law, RSM is not liable for clinical decisions made by ordering providers, patients, or other healthcare professionals in reliance on test results or website content. Nothing in these Terms limits RSM’s duties that cannot lawfully be limited, including duties imposed by applicable law, CLIA, or other mandatory regulatory requirements.

Professional licensure and scope of practice

RSM Diagnostics Lab LLC does not practice medicine, dentistry, or any other licensed health profession, and does not create a provider–patient relationship through website use, kit requests, specimen processing, or result reporting. Ordering providers represent and warrant that they hold, and will maintain for so long as they order testing through RSM, a valid, active, and unrestricted professional license (and any required DEA, state controlled-substance, or equivalent authorization) in each jurisdiction where they order tests, render clinical judgment related to RSM testing, or otherwise use RSM services. Ordering practices and facilities represent and warrant that they are duly organized, authorized, and, where required, licensed or enrolled to operate in the jurisdictions relevant to their use of RSM services. RSM may decline, suspend, or terminate services where licensure, enrollment, or scope-of-practice status cannot be verified or presents compliance risk.

HIPAA and Business Associate Agreements

To the extent RSM receives, creates, maintains, or transmits protected health information on behalf of a covered entity in connection with laboratory services, such activity is governed by a separate Business Associate Agreement between RSM and that covered entity (or by such other written arrangement as applicable law permits). The terms of any applicable Business Associate Agreement control over any conflicting provision in these Terms with respect to protected health information. These Terms do not themselves create a Business Associate relationship, authorize the disclosure of protected health information to RSM outside an appropriate clinical or administrative pathway, or replace RSM’s Notice of Privacy Practices, Privacy Policy, or any account or services agreement.

Specimen handling, loss, rejection, and shipping

Specimens may be rejected, delayed, or deemed unsuitable for testing based on RSM’s applicable acceptance criteria, quality requirements, specimen-handling procedures, documentation requirements, transit conditions, and other laboratory requirements. RSM is not obligated to accession, process, or report any specimen that fails applicable acceptance criteria. To the fullest extent permitted by law, RSM’s aggregate liability arising from specimen loss, degradation, delay, rejection, or non-performance of a test is limited to the amount charged by RSM Diagnostics Lab LLC for the affected test or, at RSM’s sole election, a re-collection or re-run of that test. RSM is not liable for consequential, incidental, special, punitive, exemplary, or indirect damages, including alleged damages from delayed diagnosis, delayed treatment, lost profits, lost opportunity, lost revenue, emotional distress, additional medical costs, or costs incurred with another laboratory.

Once a specimen, kit, or shipment is tendered to a common carrier, tracking, transit, delivery, and chain-of-custody events are subject to carrier operations and other circumstances outside RSM’s control. To the fullest extent permitted by applicable law, RSM is not liable for carrier delay, misdelivery, damage, loss, theft, interception, rerouting, delivery to an incorrect address supplied by a requester, or failure of a carrier tracking, notification, or delivery-confirmation system. Tracking information is provided as a courtesy and does not guarantee delivery time, specimen condition, chain-of-custody outcome, or carrier performance.

Indemnification

As used in this section, “Ordering Party” means an ordering practice, provider, or facility that has entered into an applicable written RSM account agreement or another written agreement with RSM that expressly incorporates this Indemnification section. “Ordering Party” does not include a patient, responsible party, personal representative, guardian, or other individual who signs solely in connection with that individual’s own testing, financial responsibility, authorization, consent, or access to results.

Each Ordering Party shall indemnify, defend, and hold harmless RSM Diagnostics Lab LLC and its officers, directors, employees, contractors, agents, successors, and permitted assigns from third-party claims, demands, liabilities, losses, penalties, costs, and reasonable attorneys’ fees to the extent arising from the Ordering Party’s inaccurate, incomplete, unsupported, unauthorized, or untimely order information, diagnosis coding, medical-necessity documentation, billing, collection, disclosure, referral, marketing, licensure, scope-of-practice, payor conduct, or violation of applicable law, payor requirements, professional standards, an applicable account agreement, or written RSM instructions.

RSM may control the defense, settlement, and resolution of an indemnified matter. The Ordering Party shall cooperate in the defense and resolution of an indemnified matter. This section survives termination and applies only to the fullest extent enforceable under applicable law.

Audit and investigation cooperation

As used in this section, “Ordering Party” has the meaning stated in the Indemnification section. Each Ordering Party agrees to cooperate promptly and in good faith with RSM in connection with any payor audit, government investigation, accreditation review, or compliance inquiry related to tests ordered, billed, marketed, or otherwise associated with RSM by or through that Ordering Party. Upon reasonable request, an Ordering Party will provide documentation, records, and information within its possession or control that are reasonably necessary for RSM to respond to such matter, consistent with applicable law and any Business Associate Agreement. Failure to cooperate may result in suspension or termination of account privileges, hold on resulting reporting or billing activity, or other remedial action determined by RSM.

Compliance holds, suspension, and termination

Subject to and without limiting the Test availability and compliance hold section above, RSM may immediately place an account, order, specimen, claim, shipment, kit request, billing arrangement, portal access, form submission, payment transaction, or other service on hold; reject, cancel, or return an order or specimen; suspend or terminate an account; refuse or discontinue a shipment, test, billing arrangement, collection activity, or portal function; or require additional documentation, payment, re-collection, corrective action, or a different arrangement where RSM determines that legal, regulatory, quality, safety, licensure, payor, privacy, security, fraud, shipping, documentation, collection, financial, or compliance risk may exist. RSM may delay or restrict release of information or reports only to the extent permitted by applicable law.

To the fullest extent permitted by applicable law, RSM has no obligation to investigate, cure, explain, appeal, correct, complete, resubmit, continue, or pursue an order, specimen, shipment, claim, payment, account, or arrangement that RSM suspends, rejects, or terminates. RSM is not liable for any delay, rejection, non-performance, interruption, lost opportunity, lost revenue, lost profits, additional cost, patient dissatisfaction, claim denial, recoupment, or other consequence arising from an action permitted under this section.

Suspension, rejection, termination, or discontinuation does not waive amounts already owed to RSM or affect RSM’s rights relating to payment, collection, audit, records, confidentiality, privacy, indemnification, limitation of liability, dispute resolution, equitable relief, or any obligation that by its nature survives.

Records and retention

RSM may create, retain, reproduce, store, and use records related to website acceptance, account setup, orders, requisitions, specimens, results, billing, payments, communications, compliance reviews, audits, and disputes in paper, electronic, imaging, portal, or other form, subject to applicable law. Electronic copies and reproductions may serve as originals to the extent permitted by law. RSM may retain records for the periods required by applicable law, accreditation requirements, payor requirements, litigation holds, and RSM’s record-retention policies.

Ordering practices, providers, and facilities must retain and provide records within their possession or control that support orders, medical necessity, coding, consent, billing, and compliance for the period required by applicable law, payor requirements, and any applicable account agreement.

Acceptable use

You agree not to misuse the website, attempt unauthorized access, disrupt site operations, or use content in a misleading or unlawful way. Document Center files are provided for authorized provider and partner use and should not be redistributed in a manner that misrepresents RSM or its testing.

No duty to monitor

RSM may, but has no obligation to, monitor website use, account activity, portal access, form submissions, communications, third-party content, compliance with these Terms, or compliance with any law, payor requirement, professional standard, or account agreement. RSM’s decision to monitor, review, investigate, restrict, suspend, reject, approve, or take no action in any instance does not create a duty to do so in any other instance and does not constitute a representation that any activity is lawful, authorized, compliant, accurate, complete, safe, clinically appropriate, covered, reimbursable, or approved.

Nothing in this section limits any monitoring, oversight, quality, reporting, privacy, security, billing, or compliance obligation that RSM must perform under applicable law, an applicable accreditation requirement, an applicable payor agreement, or a signed agreement.

No assumption of provider or account duties

RSM’s review, acceptance, processing, shipment, billing, claim submission, communication, portal access, account setup, credential verification, documentation request, audit activity, or other action does not create a duty for RSM to supervise, manage, direct, validate, or ensure the legality, accuracy, medical necessity, coding, billing, collection, referral, marketing, licensure, scope-of-practice, consent, privacy, security, or professional conduct of any ordering practice, provider, facility, patient, responsible party, payor, vendor, carrier, or other person. No RSM action constitutes approval, certification, endorsement, verification, or guarantee of any such matter unless RSM expressly states otherwise in a written document signed by an authorized RSM representative.

Intellectual property

Site design, branding, text, logos, and downloadable materials are owned by RSM or its licensors. You may view and download materials for legitimate professional use related to RSM services, subject to these Terms and any stated restrictions.

Equitable relief

RSM Diagnostics Lab LLC may seek temporary, preliminary, or permanent injunctive relief, specific performance, account restriction, credential reset, preservation of evidence, recovery or return of RSM property or materials, or other equitable relief in any court of competent jurisdiction to protect RSM’s intellectual property, confidential information, data, systems, website, accounts, test kits, requisitions, reports, business relationships, legal rights, or compliance obligations. RSM’s pursuit of such relief does not waive arbitration or any other right or remedy available under these Terms, a signed agreement, or applicable law.

Cumulative rights and remedies

All rights and remedies available to RSM under these Terms, an account agreement, an order-specific document, or applicable law are cumulative and may be exercised separately, concurrently, or repeatedly. RSM’s exercise or failure to exercise a right or remedy does not waive any other right or remedy. RSM may recover all amounts due, costs, expenses, and attorneys’ fees to the fullest extent permitted by applicable law and any applicable signed agreement.

Third-party services and links

The website, forms, portal, Document Center, tracking features, communications, payments, and related services may include, connect to, rely on, or be affected by third-party platforms, carriers, payment processors, cloud providers, communications providers, software providers, analytics providers, links, content, systems, products, or services. RSM does not control and is not responsible for the availability, security, accuracy, privacy practices, performance, acts, omissions, content, products, services, terms, or policies of any third party. Use of a third-party service is subject to the applicable third party’s terms and policies. Nothing in this section limits RSM’s obligations that cannot lawfully be limited, including obligations arising under an applicable Business Associate Agreement or mandatory privacy, security, laboratory, billing, or regulatory requirements.

RSM may add, remove, replace, suspend, restrict, or modify a third-party service, integration, link, carrier, vendor, or feature at any time without notice or liability to the fullest extent permitted by law.

Disclaimer of warranties

The website and materials are provided “as is.” To the fullest extent permitted by law, RSM Diagnostics Lab LLC disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free.

Exclusive remedies

To the fullest extent permitted by applicable law, and subject to the Limitation of liability section, RSM Diagnostics Lab LLC may elect to provide a re-collection, re-run, correction, credit, refund, replacement kit, or other remedial action for a matter arising from or relating to website use, Document Center materials, online forms, account access, portal access, shipments, specimens, testing, billing, or related services. Any remedial action RSM elects to provide is the claimant’s sole and exclusive remedy for that matter, except where applicable law requires a different remedy. RSM’s decision to provide a remedy in one instance does not create an obligation to provide the same or any remedy in another instance.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RSM DIAGNOSTICS LAB LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND PERMITTED ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, ADDITIONAL MEDICAL COSTS, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE WEBSITE, DOCUMENT CENTER, FORMS, ACCOUNT ACCESS, PORTAL ACCESS, SHIPMENTS, SPECIMENS, TESTING, BILLING, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF RSM DIAGNOSTICS LAB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT A LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RSM DIAGNOSTICS LAB LLC’S AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, SUCCESSORS’, AND PERMITTED ASSIGNS’ TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SAME OR RELATED ACTS, OMISSIONS, EVENTS, CLAIMS, OR TRANSACTIONS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO RSM DIAGNOSTICS LAB LLC FOR THE SPECIFIC TEST OR SERVICE GIVING RISE TO THE CLAIM. THIS LIMIT APPLIES IN THE AGGREGATE AND NOT PER CLAIM, PER CLAIMANT, PER LEGAL THEORY, OR PER ALLEGED BREACH, EXCEPT TO THE EXTENT A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

Nothing in these Terms excludes, limits, or waives any liability, right, remedy, obligation, disclosure, access right, or regulatory requirement that cannot lawfully be excluded, limited, or waived. Without limiting the foregoing, no provision of these Terms limits RSM Diagnostics Lab LLC’s liability to the extent resulting from RSM Diagnostics Lab LLC’s fraud, willful misconduct, gross negligence where applicable law prohibits limitation, or violation of law to the extent liability for that violation may not lawfully be limited.

Force majeure

RSM Diagnostics Lab LLC is not liable for any failure or delay in performing its obligations under these Terms or in providing laboratory or related services where such failure or delay results from causes beyond RSM’s reasonable control, including acts of God, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, labor dispute, utility or internet outage, cyber incident, embargo, government action, regulatory shutdown or restriction, carrier or shipping interruption, supply-chain disruption, or failure of a third-party vendor or infrastructure provider. RSM may take such action as RSM determines appropriate to address a force majeure event and may resume affected performance when RSM determines it is practicable and appropriate to do so.

Dispute resolution and arbitration

To the fullest extent permitted by applicable law, and except where a separate signed agreement, requisition, patient financial responsibility form, or other order-specific document provides otherwise, any dispute arising solely from use of this website or these Terms shall be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in Wilmington, Delaware, unless applicable law requires another location or the parties agree otherwise in writing.

Any arbitration provision applicable to laboratory testing, patient financial responsibility, provider accounts, billing arrangements, or other services will be set out in the applicable patient, provider, practice, facility, or account agreement and applies only where the relevant person or entity has validly agreed to it.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RSM DIAGNOSTICS LAB LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING UNLESS RSM DIAGNOSTICS LAB LLC AND ALL AFFECTED PARTIES AGREE IN WRITING.

Nothing in this section prevents RSM from seeking temporary, preliminary, or permanent injunctive relief, equitable relief, specific performance, preservation of evidence, or other relief in a court of competent jurisdiction to protect RSM’s intellectual property, confidential information, data, systems, accounts, business relationships, legal rights, or compliance obligations. RSM’s pursuit of such relief does not waive arbitration or any other right or remedy. Nothing in this section limits any non-waivable right or remedy under applicable law.

Governing law and venue

These Terms are between you and RSM Diagnostics Lab LLC and are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to the arbitration section above, the state and federal courts located in Wilmington, Delaware, have exclusive jurisdiction over any action arising out of or relating to these Terms that is not required to be arbitrated, and you consent to personal jurisdiction and venue in those courts.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

Assignment

RSM Diagnostics Lab LLC may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or other change of control, or to an affiliate, without notice or consent. You may not assign or transfer these Terms or any account rights or obligations without RSM’s prior written consent. Any attempted assignment in violation of this section is void. These Terms bind and benefit the parties and their permitted successors and assigns.

No third-party beneficiaries

Except for RSM Diagnostics Lab LLC’s officers, directors, employees, contractors, agents, successors, and permitted assigns, solely with respect to provisions that expressly protect them, no person or entity is intended to have any right or remedy under these Terms as a third-party beneficiary.

Entire agreement as to website use

Subject to the Document hierarchy and order-specific terms section above, these Terms, together with the Privacy Policy, RSM’s posted billing policies, and any document expressly incorporated by reference under these Terms, state the entire agreement between you and RSM Diagnostics Lab LLC solely with respect to use of the website, Document Center, and online forms. Laboratory testing, specimen collection, patient care, payment, billing, privacy, provider obligations, account relationships, and other services remain subject to applicable signed agreements, requisitions, patient financial responsibility forms, notices, authorizations, policies, and order-specific documents.

Interpretation and maximum enforceability

These Terms must be interpreted to give maximum lawful effect to RSM Diagnostics Lab LLC’s rights, protections, limitations, disclaimers, exclusions, and remedies. If a provision is invalid, illegal, unenforceable, or prohibited in a particular jurisdiction or under a particular set of facts, the provision will be enforced to the greatest extent permitted, limited only to the minimum extent necessary, and will not affect the validity or enforceability of the remaining provisions or the provision’s application in any other jurisdiction or circumstance.

Survival

The provisions concerning payment obligations, financial responsibility, pricing, records, audit cooperation, confidentiality, privacy obligations, indemnification, limitation of liability, disclaimer of warranties, dispute resolution, governing law, venue, assignment, severability, and any provision that by its nature should survive, survive expiration, suspension, termination, or completion of services.

Changes

RSM may revise, replace, supplement, suspend, withdraw, or discontinue these Terms, RSM’s Privacy Policy, RSM’s posted billing policies, fee schedules, pricing summaries, legal notices, website policies, portal terms, form instructions, and other website or online-service materials prospectively from time to time, in RSM’s sole discretion, to the fullest extent permitted by applicable law. The “Last updated” date on a posted document identifies that document’s effective version. Where RSM requires renewed acceptance through the site’s legal notice, the revised document applies after the user affirmatively accepts it. For website visitors who are not required to reaccept, continued visiting, accessing, browsing, viewing, downloading from, submitting through, or otherwise using the website or any related online service after conspicuous posting or other notice of a revised document may constitute acceptance of that revision only to the extent permitted by applicable law.

Revisions apply prospectively from their effective date, except where applicable law, an order-specific document, or a signed agreement requires a different result for a particular matter, relationship, or transaction. Without limiting the foregoing, RSM may suspend, restrict, modify, or decline future services, future orders, future shipments, future billing arrangements, future account access, future testing activity, or future use of any website, portal, form, material, or service where RSM determines that legal, regulatory, payor, licensure, operational, quality, privacy, security, fraud, supply, shipping, collection, or compliance considerations require that action.

It is your responsibility to review posted Terms, policies, notices, billing policies, and related materials periodically. RSM is not obligated to provide separate notice of every change except where applicable law requires notice for a particular change or communication.

Electronic communications and notices

RSM may provide notices, disclosures, account communications, billing communications, updates, and other information electronically through the website, patient portal, email address, mailing address, telephone number, or other contact method provided to RSM, subject to applicable law. You are responsible for keeping your contact information current. Electronic records and communications satisfy any writing requirement to the extent permitted by applicable law.

Notices to RSM Diagnostics Lab LLC must be sent to the contact address stated in these Terms unless RSM designates another address in writing. Notices to you may be sent to the last contact information associated with your account, order, portal profile, payment record, form submission, or other interaction with RSM.

Contact

Questions about these Terms can be sent to info@rsmdiagnosticslab.com or RSM Diagnostics Lab LLC, 2500 Grubb Rd, Suite 120, Wilmington, DE 19810.