1. Acceptance of Terms
Firstchoicemedicine.com (the “Site”) is owned and operated by First Choice Medicine, LLC, a Floridalimited liability company (the “Company”), and the Company welcomes you to its online service (the “Service”). By using this Site or Service, you are agreeing to the following Terms of Service (“TOS”), whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://firstchoicemedicine.com/terms-and-conditions and should check regularly for updates and changes.
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.
IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.
2. Description of Service
The Company provides a web and app-based Service in the form of a platform, which is made available to users, through which said users may register, request, and schedule an appointment to have a third-party, independent contractor (“Medical Technician”) travel to a location of said user’s choice, and collect certain test samples or specimens from users, to have such samples or specimens transferred to, and tested at a licensed laboratory (“Laboratory”) with whom we have partnered. Additionally, users may have the option to partake in a video consultation with an independent contractor licensed nurse practitioner (“Nurse Practitioner”), while the Medical Technician is with the user, at said user’s elected location. Depending on the Service selected, users may also be able to receive, through the Site or Service, reported results of such tests performed by said Laboratories. The platform may also contain various types of content made available through the Service, which may be provided to users in the form of audio, video, and text features. This Content (as defined by Section 4 below)made available to users through the Site and Service is in no way considered to be any form of medical, consulting, or regulatory advice, and is provided strictly for entertainment purposes. In the event that any user hereof feels that they may require the services of a medical professional or specialist for any reason whatsoever, they are hereby advised to immediately seek those services from such appropriate medical professionals, as this Site and the Services provided thereon are in no way intended to be a substitute or replacement of the services or advice of such medical professionals.
THE SERVICE IS PROVIDED “AS IS” AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, ERRORS IN CONTENT OR RESULTS REPORTED OR CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, OR FAILURE TO STORE ANY PARTICULAR INFORMATION, DATA, RESULTS, COMMUNICATIONS, OR WRITING. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable in its sole discretion.
You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.
You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications. You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.
TCPA DISCLAIMER: Through your use of the Service, you also hereby expressly consent and agree to receive various electronic and other forms of communications from us, which may come in the form of phone calls or SMS text messages. The ways in which we shall communicate with you may include but not be limited to mediums in the form of phone calls, SMS text messages, posts, notices, or alterations on the Website, or through other electronic communication mediums. You hereby consent and agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall suffice to satisfy any and all legal requirement that such communications are made in writing.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE SITE, THE SERVICES OFFERED, AND ANY CONTENT INCLUDED THEREON. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY THOSE UNDER THE AGE OF LEGAL MAJORITY.
3. Rules of Behavior
- You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You shall not violate the privacy or publicity rights of others.
- You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
- You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
- You shall not take any action which could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
- You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
- You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.
- You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else’s username or password.
- You shall not use the Site or Service for any illegal, immoral, or unauthorized purpose.
- You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence.
- You shall not modify, edit, or delete any Content or communications of the Site or Service and/or of other users of the Service.
- You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
- You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Site or in the Service.
- You shall not take any action which disrupts the normal flow of Content on the Site, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Site.
- You shall not interfere with or disrupt the Site, the Service, the servers, or networks connected with the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service.
- You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
- You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
- You shall not engage in any “spamming” of any kind, including without limitation ad spamming.
- You shall not use the Company’s or Site’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Site is associated with, or endorses, or is in any way connected with you or your business.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD-PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANYMAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING.
As a user of the Site or Service, you may be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Site, whether uploaded by the Company or by any third-party, shall be considered (“Content”). Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.
The Company shall have no liability of any kind with respect to any Content listed on the Site, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Site, or contained in any links found on the Site. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that Company may or may not pre-screen Content but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by the Company in its sole discretion.
The Company may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company, the Site, the Service users, or the public.
The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others.
Financial Responsibility & Assignment of Benefits: In partaking in any of the Services offered by the Company, you thereby agree to pay the Company any and all applicable charges at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting these TOS and/or payment responsibility (such as your children or other family members) (“Covered Family Member”). You will be charged for the Services, including complementary and alternative services provided to you or your Covered Family Member by the Company or any agent or independent contractor thereof. You authorize the Company to charge your elected payment method for the Services provided to you or your Covered Family Member. In the event that your elected payment method is deemed to be invalid at the time payment is due, you agree to pay any and all amounts due upon demand by the Company. You hereby acknowledge and understand that the third-party service providers who manage your elected payment methods may impose terms and conditions upon you, which are independent of these TOS, and you agree to fully comply with any such terms. The Company may accumulate charges that you’ve incurred as a result of your receipt of such Services and submit them as one or more aggregate charges during or at the end of each billing cycle. The Company reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
If you provide the Company or any agent or independent contractor thereof, with information about your health insurance or health plan, such action will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Medical Services provided to you or your Covered Family Member. You authorize the release of any medical or other information necessary to process any claims for the Medical Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.
Through the Service, the Company, other users, or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Site or Service. Links to such sites are provided as a service to the users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, reliance upon any statements or content displayed thereon, the use of any materials, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
You agree to indemnify, defend, and hold the Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of the Site or Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.
8. No Resale of Service
You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or Content or other information or materials of any kind that you do not own.
9. Modification and Termination of the Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Service.
In order to use certain aspects of the Service you may be required to register for an account. The Company refers to registered users as “members.” Registered users are subject to the following specific terms in addition to all of the other terms in these TOS:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
- You agree to provide true, accurate, current and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
- You understand, acknowledge, and agree that in order to participate in some of the Services offered through the Site, you may be required to provide company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information.
- You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
- You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS.
12. Practices regarding Use and Storage
You acknowledge that the Company may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of chat messages, email messages, or other communications which may be sent or received from an account of the Service, the maximum size of any chat messages, email messages, or other communications that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any data, test results, materials, messages or communications, or any other content maintained or transmitted by the Service. You hereby acknowledge and agree that the Company may record, track, and store any and all communications transmitted through the platform, but is under no obligation to do so, and shall have no liability to you or any third-party for the deletion of the same. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time.
13. Company Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Company are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Site or through the Service, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time. You hereby agree and acknowledge that any and all Company logos, branding, or tradenames posted on the Site and/or platform shall not be removed or altered in any way by you or any third-party, in conjunction with your use of the Service.
14. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE ITSELF, CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE, OR THE RESULTS OF ANY TESTS ADMINISTERED AND/OR SAMPLES COLLECTED WILL BE ACCURATE OR RELIABLE, (5) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, (6) THAT ANY COMMUNICATIONS, DATA, OR TEST RESULTS WILL BE STORED OR PRESERVED FOR ANY GIVEN PERIOD OF TIME, (7)THAT ANY COMMUNICATIONS, DATA, OR TEST RESULTS WILL BE TIMELY REPORTED OR SHARED WITH THE INTENDED PARTIES, OR REPORTED OR SHARED WITH THE INTENDED PARTIES AT ALL, OR (8) THAT THE SITE OR SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Service, shall create a warranty not expressly stated in these TOS.
You hereby acknowledge and understand that Medical Technician and Laboratories with whom the Company may contract, are required to procure or cause to be procured and maintain or cause to be maintained in full force and effect at all times during the term of their engagement with Company, insurance coverages sufficient to satisfy any and all federal, state, county, and municipality requirements, as necessary to remain in full compliance with any and all applicable laws throughout the performance of the Services contemplated hereunder. You hereby acknowledge and understand that Company is not required to, and thereby may not carry any insurance related to coverage for the Services contemplated hereunder.
16. Medical Technician Screening
The contract of any Medical Technician working with the Company to administer such collections or tests as contemplated hereunder, may be contingent upon such Medical Technician’s satisfactory completion and passing of certain screening that includes criminal background, reference checks, employment and education history verification, medical exams, drug testing, credit checks, and/or other applicable screenings.
17. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, ATTORNEYS IN LAW OR IN FACT, OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY OR DEATH, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF OR DAMAGE TO SPECIMENS OR TEST RESULTS, INACCURACY OF TEST RESULTS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, SUSTAINED BY YOU OR ANY THIRD-PARTY, IN CONNECTION WITH OR IN ANY WAY RELATED TO YOUR ENGAGEMENT WITH, RECEIPT OF, OR INABILITY TO RECEIVE THE SERVICES CONTEMPLATED HEREUNDER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD-PARTY FOR ALL DAMAGES EXCEED ONE-THOUSAND DOLLARS ($1,000.00).
YOU AGREE THAT THE COMPANY IS A MERE AGENT FORMEDICAL TECHNICIANS AND LABORATORIES WHO WILL ACTUALLY BE PROVIDING ANY SAMPLE COLLECTION OR TESTING SERVICES AS CONTEMPLATED HEREUNDER. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES CONTEMPLATED HEREUNDER BY YOU OR ANY THIRD-PARTY, SHALL BE STRICTLY LIMITED TO CLAIMS AGAINST SUCH MEDICAL TECHNICIANS AND LABORATORIES. THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, INCLUDING BODILY INJURY,OR DEATH IN CONNECTION WITH THE SERVICES CONTEMPLATED HEREUNDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF YOU OR ANY SUCH THIRD PARTY, AND YOU HEREBY EXONERATE THE COMPANY FROM ANY LIABILITY WITH RESPECT TO THE SAME.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT INTERACTING DIRECTLY WITH MEDICALTECHNICIANS PERFORMING SUCH SAMPLE COLLECTIONS OR TESTS MAY EXPOSE YOU TO COMMUNICABLE DISEASES INCLUDING, WITHOUT LIMITATION, COVID-19. YOU AGREE TO WEAR PROPER PERSONAL PROTECTIVE EQUIPMENT (PPE) AND TO FOLLOW ALL APPROPRIATE SAFETY PROTOCOLS AT ALL TIMES WHEN INTERACTING WITH SUCH MEDICAL TECHNICIANS AND/OR RECEIVING ANY SERVICES CONTEMPLATED HEREUNDER. YOU ACKNOWLEDGE THAT EVEN WITH THE BEST RISK MITIGATION, IT IS IMPOSSIBLE TO ENSURE PROTECTION FROM COMMUNICABLE DISEASES AND YOU EXPRESSLY ASSUME THE RISK OF SICKNESS, INJURY, AND/OR DEATH RESULTING FROM COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATON, COVID-19) WHEN INTERACTING WITH SAID MEDICAL TECHNICIANS.
18. Information Pertaining to Medical Information or Test Results
If you receive or request any news, messages, or other information from the Site or Service concerning any medical and/or test regulations inquiries/materials with respect to the content or information displayed or offered through the Site or Service, remember that the Site and Service is provided for entertainment, informational and educational purposes only, and no Content included or information made available through the Site or Service is intended for, nor shall the same constitute any medical consulting or medical advisory services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any test results or information transmitted or made available via the Site or Service, and shall not be responsible or liable for any decisions or actions made by you or any users based on such test results, information or Content.
19. Assumption of Risk
By engaging the Company’s Services, buying, using, or allowing the use of any and all tests, test materials or products (“Test(s)”) found or offered through the Site or the Service, you understand and agree that Tests such as those offered on the Site can be associated with a certain level of risk, including but not limited to the exposure to communicable diseases and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING SUCH PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF the Company, including but not limited to any Test malfunction from whatever cause, or any other fault of the Company, any Medical Technician, any Laboratory, any contractor or agent of the Company, or any other third-party vendor. Additionally, you agree to indemnify, defend, and hold the Company harmless from any claims by you or any third-party, arising from any use or misuse of such Tests offered through the Site or Service. Use and misuse of Tests offered through the Site or Service may involve serious risks including injury, disability and death. In purchasing such Tests and/or engaging in the Services contemplated hereunder, you thereby agree to assume all risks.
20. Medical Disclaimer
The Site or Service does not contain medical advice, nor does Company provide any medical advice or medical services. The Content of the Site or Service, such as reported test results, text, graphics, images and other material are intended for entertainment, informational, and educational purposes only and not for the purpose of rendering medical advice or treatment advice of any sort. The Content of the Site or Service are not intended to substitute for professional medical advice, diagnosis or treatment. Although the Company makes efforts to keep information on the Site updated, the Company cannot guarantee that any information on the Company’s Site reflects the most up-to-date research or information. Although the Company makes efforts to ensure accurate reporting of test results related to specimens collected, the Company cannot guarantee the accuracy or reliability of any such test results.
Please consult your physician for personalized medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on the Company’s Site or through the Service, including any test results conveyed to you through the Company, from any Medical Technician, or from any Laboratory the Company has partnered with.
Before participating in any tests or using any products, taking any medications, over-the-counter drugs, supplements or herbs, or taking any other action, always consult a physician for a thorough evaluation. The Company does not endorse any particular diagnostic tests, products, medications, remedies, vitamins or herbs of any kind. A qualified physician should make a decision based on each person’s symptoms, medical history, and current prescriptions. Any test results, product or medication summaries provided do not include all of the information important for any person to use in the potential course of diagnosis or treatment or any illness, disease or condition, and should not be used as a substitute for professional medical advice. A licensed physician should be consulted concerning any questions that you have.
In a medical emergency call 911 immediately. The Company does not recommend or endorse any specific test, physician, product, procedure, opinion or any other information provided on its Site or through the Service. Reliance on any information provided by the Company, its employees, any third-parties, or any other visitors to the Site, is solely at your own risk.
21. Disclaimer of Florida Clinical Laboratory Personnel License Status
You hereby acknowledge and agree that the Company does not have, nor does Company hold itself out as having or purporting to have, a Clinical Laboratory Personnel License. The Company is NOT a laboratory, does not carry any licensing required by such laboratories under Federal, State and/or local applicable law, and does not test, control, process, store, or perform any other activity with any specimen collected from you by any Medical Technician or Laboratory with whom the Company is associated. Any and all drawings, tests, or collections are performed by independent contractors who purport to have, and have represented and warranted to the Company that they have obtained and currently maintain any and all necessary licensing and/or certifications to do so. Any and all drawing, testing, processing, and storage of any specimens collected by such Medical Technicians, shall be performed by third-party Laboratories who are sufficiently licensed and insured to perform such activities. You hereby agree to not take any action or make any statement, whether written or oral, which may bring any third-party under the impression that the Company performs such activities, or that the Company holds itself out to be sufficiently licensed and/or insured to do so.
22. Personally Identifiable Information
23. Disclosures Required by Law
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOS YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
24. Disclosure of HIPAA Protected Information
25. Permission to Treat
By participating in any of the Services contemplated hereunder, you thereby give permission to the independent contractors to medically care for you and/or your Covered Family Member. You may withdraw this consent at any time by no longer seeking Services from the Company.
You understand and agree that as part of providing Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with the Company’s healthcare team electronically. Such sharing and disclosures shall be made in accordance with our HIPPA Privacy Notice.
26. Telehealth Services
The independent contractors you may interact with as a part of receiving the Services contemplated hereunder, may provide certain Telehealth (defined below) services to you (the “Telehealth Services”). In participating in such Services, you thereby consent to receive emails or other electronic communications from the Company pertaining to your care and your health, which may include Protected Health Information. You acknowledge and understand that virtual encounters via phone, email, video, or otherwise, may involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of providers, including physicians, registered nurses, nurse practitioners, physician’s assistants, nutritionists, naturopathic doctors, therapists, and other support or medical personnel.
You give permission to the Company and the providers of such Telehealth Services to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services from the Company.
For the purposes of these TOS, “Telehealth” is considered to be the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-”real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telehealth Services, you hereby acknowledge and agree that it is your sole responsibility to immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate, and you hereby acknowledge and agree that the Company nor any independent contractors or agents thereof, shall be responsible for any damages resulting from your failure to do so.
27. Expedited Services; Refunds
The Company may, at any time within the Company’s sole discretion, offer Expedited Services, wherein users may be afforded the option of paying an additional fee in order to speed up the processing of their tests, which is intended to allow users to receive their results more quickly. By electing to purchase and/or use any Expedited Services offered by the Company, you hereby acknowledge and agree that there are absolutely no guarantees on anticipated processing times, that even upon purchasing Expedited Services for the processing of your tests, there is a chance that your tests may be delayed for a variety of reasons outside of the Company’s control, and that your test results may in fact not be received any more quickly than they would have under regular processing. You hereby acknowledge and agree that any anticipated processing times associated with any Expedited Services offered by the Company are merely estimates, and you hereby agree that you shall not be permitted to rely upon such anticipated processing times. Any anticipated processing times provided by the Company may be subject to change at any time within the Company’s sole discretion. Any decisions you make in reliance upon such anticipated processing times shall be made solely at your own risk, and you hereby agree that under no circumstances shall the Company be liable for any loss or damages suffered by you or any third-party, as a result of your reliance on such anticipated processing times associated with any of the Expedited Services offered by the Company.
In the event that you elect to purchase and/or use any of the Expedited Services offered by the Company, and your test results are not received within the anticipated processing times provided by the Company, the Company may at its own election, but shall not be obligated to, provide you with a refund and/or offer to perform certain Services, within the Company’s sole discretion, for you, free of charge.
28. Appointment Cancellations; No-Shows
In the event that you elect to cancel an appointment at any time after the appointment for the test has been booked, you hereby agree that you will be billed a cancellation fee in the amount of $30.00 for such cancellation.
In the event that you fail to show up for a scheduled appointment or cancel a booked appointment without providing twenty-four (24) hours of notice prior to the scheduled time, you hereby acknowledge and agree that you may be charged a late fee in the amount of $50, and shall not be entitled to any refunds on such appointment fees due and owing to the Company.
In the event that the Medical Technician arrives at the designated location and is not able to gain access/entry to the location, or is not able to get in direct contact with you, you may be charged a no-access penalty fee in the amount of $100. The Medical Technicians will not wait longer than 15 minutes at any elected location, and will leave thereafter if they are unable to access the location or get in contact with you. Once the Medical Technician leaves the designated location, you shall then become liable to the Company for the payment of the no-access penalty fee.
If there is any dispute about or involving the Company and/or the Service, you agree that any dispute shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Broward, Florida.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
30. Miscellaneous Terms; General Information
The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
If any provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles throughout these TOS are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to Company at firstname.lastname@example.org.