Definitions
The following terms have the meanings set forth below when used in these Terms of Service:
| Term | Meaning |
|---|---|
| "Labb" | Ramsey Diagnostics Corporation d/b/a Labb, a Virginia corporation, and its affiliates. |
| "LabbPO" | The web-based and mobile platform operated by Labb for random selection, drug test ordering, and compliance documentation in criminal justice supervision programs. |
| "Agency" | The probation department, parole board, drug court, pretrial services program, or other supervising authority that has entered into a service agreement with Labb for access to LabbPO. |
| "Authorized User" | A probation officer, parole agent, court officer, or other Agency staff member granted account credentials to access LabbPO by the Agency Administrator. |
| "Participant" | An individual enrolled in an Agency's supervision program and added to the LabbPO platform for random drug testing. |
| "Platform" | The LabbPO application, including all features, tools, APIs, interfaces, and documentation provided by Labb. |
| "Selection Event" | A random selection run executed within LabbPO that identifies Participants for drug testing. |
| "Test Order" | A drug test requisition generated within LabbPO and transmitted to a Labb-authorized collection facility or laboratory. |
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you, as an Authorized User, and Labb governing your access to and use of LabbPO. These Terms apply in addition to any Master Service Agreement, Data Processing Agreement, or Business Associate Agreement between Labb and your Agency.
By creating an account, logging into LabbPO, or using any feature of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use LabbPO.
Agency responsibility: Your Agency is responsible for ensuring that all Authorized Users have read and accepted these Terms before accessing the Platform. Agencies should retain records of user acceptance consistent with their internal policies.
Account Access & Authorization
Account Credentials
Access to LabbPO is granted on an individual, non-transferable basis. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must not share your username or password with any other person, including other Agency staff.
- You must notify your Agency Administrator and Labb immediately upon discovering any unauthorized use of your account or any security breach.
- You must not access LabbPO using another Authorized User's credentials.
- Multi-factor authentication (MFA), when enabled by your Agency, is mandatory and must not be circumvented.
Role-Based Access
Your access within LabbPO is limited to the permissions assigned to your user role by your Agency Administrator. You must not attempt to access features, records, or data outside the scope of your assigned role. Labb reserves the right to modify role permissions at any time with notice to the Agency.
Unauthorized access is prohibited. Attempting to access data or functions beyond your assigned permissions — including records belonging to other Agencies or jurisdictions — is a violation of these Terms and may constitute a criminal offense under applicable computer fraud laws.
Permitted Use
LabbPO is licensed to you solely for lawful use in connection with your Agency's supervision program. Permitted uses include:
- Enrolling and managing Participants assigned to your caseload or your Agency's program
- Running or reviewing Selection Events for Participants in your authorized jurisdiction
- Ordering drug tests for selected Participants through Labb's authorized collection network
- Viewing and documenting test results for Participants under your supervision
- Generating compliance reports and documentation for court, agency, or regulatory use
- Communicating with Labb support regarding Platform issues or training
All use of LabbPO must comply with applicable federal, state, and local law, including laws governing the supervision and drug testing of individuals on probation, parole, or pretrial release.
Officer Obligations
As an Authorized User, you agree to the following obligations in your use of LabbPO:
- Accuracy of Data: You will enter only accurate, complete, and current information about Participants. You will promptly update Participant records when information changes (e.g., supervision status, contact information, holds).
- Lawful Authority: You will only enroll and test Participants for whom you have lawful authority to conduct drug testing under your Agency's supervision mandate and applicable court orders.
- Notification Requirements: You are responsible for ensuring that Participants receive any legally required notification of testing obligations consistent with your jurisdiction's laws and your Agency's program rules.
- Result Handling: You will handle test results with appropriate care and confidentiality, and will use results only for lawful supervision purposes — not for any purpose outside the scope of the supervision program.
- Documentation: You will maintain records consistent with your Agency's document retention policies and any applicable court or regulatory requirements.
- Training: You will complete any LabbPO onboarding or training required by your Agency Administrator before accessing live Participant data.
- Reporting Issues: You will promptly report any Platform errors, data discrepancies, or suspected security incidents to your Agency Administrator and to Labb support.
Participant Data
Participant records entered into LabbPO are owned by the Agency and processed by Labb as a data processor on the Agency's behalf. As an Authorized User, you access and handle Participant data subject to the following:
- Participant data may only be accessed for legitimate supervision purposes related to the enrolled Participant's case.
- You may not export, copy, screenshot, or transmit Participant data outside of LabbPO except as expressly authorized by your Agency Administrator and permitted by applicable law.
- You may not use Participant data for any personal, commercial, or non-supervision purpose.
- Drug test results may constitute protected health information (PHI) under HIPAA and/or confidential records under 42 CFR Part 2. You must handle such information in compliance with all applicable federal and state privacy laws.
- You must not access records of Participants not assigned to your caseload without explicit authorization from your Agency Administrator.
42 CFR Part 2 Notice: Records of Participants in substance use disorder treatment programs may be subject to federal confidentiality protections under 42 CFR Part 2, which are stricter than HIPAA. Disclosure of such records without proper consent or a court order may violate federal law. Consult your Agency's legal counsel when uncertain.
Random Selection Integrity
The integrity of LabbPO's random selection process is fundamental to the legal defensibility of your Agency's testing program. You agree to the following:
- You will not attempt to manipulate, predict, bias, or interfere with the random selection algorithm in any way.
- You will not selectively exclude Participants from a Selection Event except through the Platform's authorized exclusion functions (e.g., medical holds, weekend waivers) with documented justification.
- You will not communicate selection results to Participants in advance of the required reporting time.
- You will not run unauthorized or ad hoc Selection Events outside the Platform to supplement or replace the LabbPO selection process.
- Any suspected manipulation or irregularity in the selection process must be reported to your Agency Administrator and Labb immediately.
Legal exposure: Tampering with the random selection process may compromise the admissibility of test results in court proceedings and may expose you and your Agency to disciplinary action, civil liability, or criminal prosecution.
Drug Test Ordering
Test Orders generated through LabbPO are transmitted to Labb-authorized collection facilities and SAMHSA-certified laboratories. You agree to:
- Order tests only for Participants who have been selected through LabbPO or who are otherwise authorized for testing under your Agency's program rules.
- Accurately specify the required test panel type and specimen type for each Test Order consistent with the Participant's supervision conditions.
- Not cancel, modify, or void a Test Order without documented justification and, where required, supervisory approval.
- Ensure Participants are directed to authorized Labb collection sites and that collection occurs in compliance with applicable chain-of-custody procedures.
- Not request or facilitate the collection of specimens outside of authorized Labb collection channels unless expressly approved by your Agency Administrator.
Test Results & Reporting
Test results returned through LabbPO are provided for supervision and compliance purposes only. You agree to:
- Review and act on results only within the scope of your supervisory authority and your Agency's established procedures.
- Not alter, delete, or falsify any test result or associated documentation within the Platform.
- Follow your Agency's established protocols for responding to non-negative or positive results, including notification of supervisors and initiation of any required court or administrative proceedings.
- Ensure that any reports generated from LabbPO and submitted to courts, parole boards, or other bodies accurately reflect the data as recorded in the Platform.
- Retain result documentation in accordance with your Agency's retention schedule and applicable legal requirements.
Medical Review: Non-negative results from LabbPO-connected laboratories are subject to Medical Review Officer (MRO) review where required by applicable law or Agency policy. Authorized Users should not make final compliance determinations based on preliminary results alone without MRO verification where applicable.
Confidentiality
In the course of using LabbPO, you may have access to confidential information, including Participant data, Agency program configurations, and Labb proprietary technology. You agree to:
- Maintain the confidentiality of all information accessed through LabbPO and not disclose it to unauthorized parties.
- Use confidential information solely for the purpose of performing your supervision duties through LabbPO.
- Take reasonable precautions to protect confidential information from unauthorized access, including locking your workstation when unattended and not accessing LabbPO on unsecured or public networks without a VPN or equivalent protection.
- Return, destroy, or cease access to confidential information upon termination of your employment or authorization to use LabbPO.
Your confidentiality obligations survive termination of your access to LabbPO.
Prohibited Conduct
The following conduct is strictly prohibited and constitutes a material breach of these Terms:
- Using LabbPO for any purpose other than lawful supervision program operations
- Sharing login credentials or allowing unauthorized persons to access the Platform under your account
- Accessing, downloading, or exporting Participant records in bulk without express Agency Administrator authorization
- Attempting to reverse engineer, decompile, or extract source code from LabbPO
- Introducing malware, viruses, or malicious code into the Platform
- Probing, scanning, or testing the vulnerability of the Platform without Labb's written consent
- Falsifying, altering, or deleting Participant data, test orders, or test results
- Using LabbPO to harass, discriminate against, or retaliate against any Participant
- Accessing or using LabbPO after your authorization has been revoked or your employment has ended
- Disclosing Platform features, configurations, or security measures to third parties without Labb's consent
- Using automated scripts, bots, or scrapers to access or extract data from the Platform
Intellectual Property
LabbPO, including its software, algorithms, interfaces, documentation, and all associated intellectual property, is owned exclusively by Labb and is protected by United States patent law (US Pat. 10,340,023 and 10,340,032), copyright law, trade secret law, and other applicable laws.
These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use LabbPO solely for the purposes described herein. No other rights are granted. You may not:
- Copy, reproduce, or distribute any portion of the Platform
- Create derivative works based on the Platform
- Remove or obscure any copyright, trademark, or proprietary notices
- Use Labb's name, logo, or trademarks without prior written consent
Agency-owned data (including Participant records and program configurations) remains the property of the Agency. Labb claims no ownership over Agency data processed through the Platform.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LABB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF LABBPO, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR FAILURE OF A SUPERVISION PROGRAM OUTCOME.
Labb's total cumulative liability to you or your Agency for any claims arising under these Terms shall not exceed the amounts paid by your Agency to Labb in the twelve (12) months preceding the claim.
Labb does not warrant that LabbPO will be uninterrupted, error-free, or free from security vulnerabilities. The Platform is provided "as is" and "as available." You are responsible for maintaining appropriate backup procedures for critical supervision records.
Legal decisions: LabbPO provides tools to support supervision program operations. Labb is not responsible for any legal, administrative, or disciplinary decisions made by Authorized Users or Agencies based on Platform data. All such decisions remain the sole responsibility of the Agency and its authorized personnel.
Indemnification
You agree to indemnify, defend, and hold harmless Labb and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms
- Your misuse of LabbPO or its data
- Your violation of any applicable law, regulation, or court order in connection with your use of the Platform
- Any claim by a Participant or third party arising from your use of LabbPO in the course of your supervisory duties
Termination
Your access to LabbPO may be terminated:
- By your Agency Administrator at any time, for any reason, including termination or change of employment
- By Labb immediately upon notice if you materially breach these Terms
- By Labb upon termination of its service agreement with your Agency
- Automatically upon the expiration or non-renewal of your Agency's LabbPO subscription
Upon termination, your right to access LabbPO ceases immediately. Sections 6 (Participant Data), 10 (Confidentiality), 12 (Intellectual Property), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) survive termination of these Terms.
Upon request made within 30 days of termination, your Agency may request export of its Participant and program data. After 30 days, Labb may delete or anonymize Agency data in accordance with its data retention policy.
Governing Law & Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any dispute arising under or related to these Terms that cannot be resolved informally shall be submitted to binding arbitration in Norfolk, Virginia, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
Nothing in this section limits the right of a government Agency to assert applicable sovereign immunity defenses consistent with state or federal law.
Changes to These Terms
Labb reserves the right to update these Terms at any time. When material changes are made, Labb will provide at least 30 days' advance notice to Agencies via email and/or in-Platform notification. The updated Terms will be posted at labbpo.com/terms with a revised effective date.
Continued use of LabbPO after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and notify your Agency Administrator.
Contact
Questions about these Terms, requests for clarification, or reports of a Terms violation should be directed to: