Terms of Use and License Agreement

Phoenix Compliance Shop, a d/b/a of Phoenix Laboratory Consulting, LLC

Effective 5 August 2026 · Version 1.2

1. Who we are

Phoenix Compliance Shop is a trade name of Phoenix Laboratory Consulting, LLC, a Kentucky limited liability company ("Phoenix," "we," "us"). Our registered address and contact details are available on request. You can reach us at bronwynr@phoenixlabconsulting.com.

These Terms govern (a) your use of this website and (b) your use of any product you license from us. By using this site or a Phoenix product, you agree to them.

2. How purchases work, and whose terms apply

We sell through FastSpring, which acts as our authorized reseller and Merchant of Record. When you buy a Phoenix product, FastSpring is the seller of record for that transaction. FastSpring's terms and conditions govern the payment transaction itself, including billing, tax, and payment disputes. FastSpring appears on your card or bank statement, not Phoenix.

These Terms govern your license to use the content you receive. The two documents do different jobs and both apply.

Our Refund Policy describes how refunds are handled. Our Privacy Policy describes how personal information is handled.

3. What the NYSDOH CLEP Compliance System is

The NYSDOH CLEP Compliance System is a documentation and implementation resource consisting of a written manual, a spreadsheet workbook, and a library of forms and templates. It is a structured reference and planning framework for laboratories preparing for New York State Department of Health Clinical Laboratory Evaluation Program licensure, test approval, and survey readiness.

It is a set of documents. It is not software, not a medical device, not a laboratory developed test, and not a service.

4. License grant — one laboratory facility

Subject to these Terms and to payment in full, we grant you a non-exclusive, non-transferable, perpetual license to use the NYSDOH CLEP Compliance System at one laboratory facility.

Each purchase authorizes use at one laboratory facility, identified by its CLIA license number or NYSDOH Permanent Facility Identifier (PFI). Where a facility does not yet hold a PFI, the license binds to one named physical laboratory location and converts to that location’s PFI on issuance. Multi-site systems, parent corporations, and affiliated laboratories require separate licenses unless otherwise agreed in writing.

Within that one facility, you may:

• install, store, print, and distribute copies to your own personnel, without limit on the number of individuals or copies;
• adapt, edit, rename, and incorporate the content into your own quality management system documents, policies, and procedures;
• use the resulting adapted documents in your own operations, submissions, and inspections indefinitely.

Adapted documents survive. Documents you have genuinely incorporated into your own quality system remain yours to use even if this license later terminates. You do not have to withdraw your own QMS on our account.

5. What you may not do

You may not:

1. use the System at, or share it with, any laboratory facility other than the licensed facility identified by the CLIA license or PFI under which it was purchased;
2. deploy, apply, or reuse the System in consulting, advisory, or contract-director engagements for third parties (this requires the separate Consultant Deployment license — contact us);
3. resell, sublicense, rent, lend, publish, or otherwise distribute the System or any substantial part of it;
4. post the System to any repository, drive, intranet, or platform accessible to people outside the licensed facility;
5. remove, obscure, or alter any copyright notice, watermark, or order stamp;
6. use the System, in whole or in part, as training data for, or as input to, any machine-learning or artificial-intelligence system.

If you direct more than one facility, purchase one license per facility or contact us for a multi-site quote.

6. No guarantee of approval

The System is not a guarantee, warranty, or assurance of any regulatory outcome.

Purchasing and using the System does not guarantee that your laboratory will obtain or retain a NYSDOH CLEP permit, that any test approval or modification submission will be approved, that any inspection or survey will be passed, or that any deficiency will be avoided. Regulatory outcomes depend on your laboratory's own facts, personnel, practices, and evidence, and on decisions made solely by the New York State Department of Health.

7. Not professional, legal, or clinical advice

The System is a structured reference resource. It is not legal advice, regulatory advice, clinical advice, or a consulting engagement, and using it does not create a consultant-client or any other professional relationship between you and Phoenix or Bronwyn Ramey.

Regulatory requirements change. You are responsible for verifying all requirements against the current primary sources published by the New York State Department of Health and any other applicable authority. Your laboratory director remains solely responsible for your laboratory's compliance, for the accuracy of anything you submit, and for all decisions made in reliance on the System.

8. No support is included

The Single-Laboratory License is a deliverable-only product. It includes no support, no consultation, no review of your documents, no assistance with submissions, and no training. We are not obliged to answer questions about the System's content or about your laboratory's situation.

If you want hands-on help, the Implementation Bundle and Consultant Deployment tiers include consulting support and are quoted separately at phoenixlabconsulting.com.

9. Updates and versions

The System is licensed in the version delivered to you, identified by its version date. We are under no obligation to provide updates, revisions, or notice of regulatory change. If we later offer an update program, it will be a separate paid product.

10. Delivery and access

Products are delivered as electronic downloads through FastSpring immediately after payment clears. The manual is stamped with the purchaser's name and order reference on download. You are responsible for downloading and retaining your own copies of the files within the download window shown at checkout, and for maintaining your own backups.

11. Intellectual property

The System and all content in it are the intellectual property of Phoenix Laboratory Consulting, LLC and are protected by copyright. Nothing in these Terms transfers ownership. All rights not expressly granted in Section 4 are reserved.

Third-party and government materials. The System includes documents published by the New York State Department of Health and other authorities, reproduced for your convenience. Those documents remain the property of their respective publishers, we claim no ownership of them, and your use of them is subject to any terms their publishers apply. Our copyright covers our own manual, workbook, forms, and templates, and the selection, arrangement, and organization of the System as a whole.

12. Warranty disclaimer

The System is provided "AS IS" and "AS AVAILABLE," without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currency, and non-infringement. We do not warrant that the System is error-free or that it reflects the most current regulatory requirements.

13. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the System or these Terms will not exceed the amount you actually paid for the license.

We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, regulatory penalties, denial or revocation of a permit or approval, inspection findings, or remediation costs, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions or limitations, in which case the above applies to the maximum extent permitted.

14. Termination

This license terminates automatically if you materially breach these Terms, in particular Section 5. On termination you must stop using the System and destroy all copies, except for documents you have genuinely incorporated into your own quality system under Section 4. Sections 6, 7, 11, 12, 13, and 15 survive termination.

15. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Jefferson County, Kentucky, and you consent to their jurisdiction.

16. General

These Terms, together with our Refund Policy and Privacy Policy, are the entire agreement between you and Phoenix regarding the System, and supersede any prior discussion. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this license without our written consent.

We may update these Terms. The version in force for your purchase is the version published on the date of your order. Material changes will be reflected in the version number and effective date above.

17. Contact

Phoenix Laboratory Consulting, LLC d/b/a Phoenix Compliance Shop bronwynr@phoenixlabconsulting.com phoenixlabconsulting.com · phoenixcomplianceshop.com