Terms and Conditions of Use Policy

Blackfly Investments, LLC, a Washington limited liability company, dba Molecular Testing Labs ™ is a molecular testing service which provides a variety of products and services to its customers (“Products and Services”). Use of the Products and Services is governed by this Terms and Conditions of Use Policy, together with any documents expressly incorporated by reference  (collectively, this “Agreement”). Please read this Agreement carefully before accessing or using the Products and Services. Throughout this Agreement, Molecular Testing Labs (“Molecular”) may be referred to as “we” or “us” and in the possessive, “our”, and you the customer may be referred to as the “user”, “you” or, in the possessive, “your”.

General Terms and Conditions

Your access to and use of this Website and our Products and Services, or by clicking to accept or agree to the terms of use when this option is made available to you, bind you to this Agreement and our Privacy Policy, found at https://myhometests.com/privacy-policy/  incorporated by reference.  If you do not agree to the Terms and Conditions of Use for this site, you must not access or use the site nor our Products and Services.

Changes to the Terms of Use

We may revise and update this Agreement from time to time in our sole discretion.  Any modifications made to this Agreement will be effective immediately upon posting on the site and apply to all access to and use of the Website thereafter. By accessing or using the Products and Services, you agree to be bound by all of the Terms and Conditions of Use Policy at the time of your access or use. You agree to review the Agreement each time you access the site or use the Products and Services so that you are aware of any modifications made to this Agreement. Your continued use of the Website following the posting of the revised Agreement means that you accept and agree to the changes.

Users’ Representations

All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability, under the laws of the state or jurisdiction in which they reside, to agree to the terms of this Agreement and to use this site in accordance with the terms of this Agreement.

If you are under the age of 18, you may use moleculartestinglabs.com, mtlfitness.com, or any other website of Molecular only with involvement and permission of a parent or guardian.

Accessing the Website and Account Security

We do not guarantee continuous, uninterrupted or secure access to our Products and Services, and operation of this site may be interfered with by numerous factors outside of our control. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuing that all persons who access the Website through your internet connection are aware of and comply with this Agreement. You agree that this Terms and Conditions of Use Policy and all incorporated agreements between MTL and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy https://myhometests.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Our failure to act with respect to a breach by you or others of this Terms and Conditions of Use Policy does not waive our right to act with respect to subsequent or similar breaches. This Terms and Conditions of Use Policy sets forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MTL, its licensors or other providers of such material and are protected by United States and/or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The materials on the site are copyrighted by us and/or other applicable rights holders. You must not reproduce, distribute, modify, create derivative works of, publically display, publically perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you make take such actions as are enabled by such features. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Trademarks

The name “Molecular Testing Labs”, “Molecular”, “moleculartestinglabs.com”, “mtlfitness.com”, the associated logos, and all related names, logos, product and service names, designs and slogans are trademarks/service marks of Blackfly Investments, LLC, DBA Molecular Testing Labs.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this Agreement. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in this Agreement.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate Molecular, a Molecular employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Molecular or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Terminate or suspend access to the Website, or remove any user for any or no reason in our sole discretion.

Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user has violated this Agreement.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Molecular, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Molecular. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://myhometests.com/privacy-policy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of Products or Services  formed through the Website or as a result of visits made by you are governed by our Terms of Sale https://myhometests.com/terms-sale-policy/, which are hereby incorporated into this Agreement.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions

The owner of the Website is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and rules in the country you reside, including but not limited to, all local rules regarding online conduct, export bans or restrictions, the transmission of samples or data to be transmitted or processed outside the country in which you reside, and the transmission of data exported from the United States or the country in which you access Molecular’s Products and Services.

Legal Disclaimer

Legal disclaimer included in our Terms & Conditions:

FDA Disclaimer.  This report has not been cleared or approved by the Federal Drug Administration (FDA) and the FDA has determined that such clearance or approval is not necessary.  Molecular Testing Labs (“Molecular”) is regulated under the Clinical Laboratory Improvement Act of 1988 (CLIA) as qualified to perform high complexity clinical testing which includes this type of testing.  If you have any questions about these Products or Services or wish to speak with one of Molecular’s health care providers, please call (360) 208-0721.

Molecular Products and Services are for informational and educational use.  The Products and Services are intended for consumer education only and should not serve as the sole basis on which any therapeutic measures are based.  While designed for informational purposes, the Products and Services are not intended to serve as a substitute for professional medical advice, diagnosis, or treatment.  You should not use this information as self-diagnosis or for treating a health problem or disease.  The Products and Services should be used in consultation with a licensed health care professional.  Always seek the advice of your physician or qualified health provider with any questions you may have regarding your personal health, a medical condition and appropriate therapeutic measures.

The Products and Services do not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, or treatment.  Because of the designated purpose of the Products and Services we provide, you understand and agree that Molecular is not providing any service which targets any one community, user group, business or industry.  We hereby advise you to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.  Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of Molecular Products and Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

Any references in the Products and Services to “normal,” “increased,” “decreased,” “high” or “low” are relative to the general population and not to any one specific group or community.  The information and guidance is based on your genetic results, self-reported information, scientific literature, and research.  Any potentially actionable information should be discussed with your physician or healthcare provider.

Molecular does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be included or mentioned in connection to our Products and Services.  Reliance on any information provided by Molecular, Molecular employees, others appearing in connection with our Products and Services at the invitation of Molecular, or other visitors to our website is solely at your own risk.  Product packaging and materials delivered as part of our Product and Services may contain more and different information that what is shown on our website.  We recommend that you do not rely solely on the information presented on the website and always read package labels, warnings, and directions prior to using our Products and Services.

You should not change your health behaviors solely on the basis of information from Molecular.  Molecular believes that genetics is only one factor of any individual’s state of being, and only a trained physician or other health care provider can assess your current state of health or disease by taking into account many factors, including in some cases your genetics as well as your current symptoms, if any.  Make sure to discuss your genetic information with a physician or other health care provider before you act upon the genetic information resulting from Molecular’s Products and Services. There may be unknown genes, environmental factors, or lifestyle choices that are more important predictors of your well being. If you have concerns or questions about what you learn through Molecular, you should contact your physician or other health care provider.

Genetic research is an ongoing process and is not comprehensive.  While Molecular uses up-to-date, standard methods and research to test and interpret your genetics, there is much still unknown about genetics.  Scientific research on genetics is rapidly growing and may change the interpretation of your results.  In the future, the scientific community may show previous research to be incomplete or inaccurate.

Some Samples may not be able to be processed, and the laboratory testing process may result in errors.  Molecular is a CLIA certified and College of American Pathologists (CAP) accredited testing laboratory that has standard and effective procedures in place to protect against testing errors.  However, analytical errors may still occur.  Resulting problems may include but are not limited to procedures of sample collection by clients, shipping to the laboratory, mislabeling of specimens, analysis of results, or sending reports.  Laboratory problems can occur that might lead to inability to obtain results.  If signs of a laboratory error are observed, consultations from a health care professional should be obtained and/or evaluated for further testing.  Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory testing process may be un-interpretable or incorrect (referred to as “Errors”).  As this possibility is known in advance, users are not entitled to refunds where these Errors occur.

Testing for genetic variation/mutation on listed genes is performed using PCR with allele-specific probes. Test results do not rule out the possibility that an individual could be a carrier of other variations not detected by this gene variation panel. Rare mutations surrounding these alleles may also affect our detection of genetic variations. Other non-genetic and genetic factors that are not tested by this assay can affect the management and sensitivity of drugs. Thus, the interpretation is given as a probability. Therefore, this genetic information should be interpreted in conjunction with other clinical findings and familial history of diseases.

Genetic information you disclose with others could be used against your interests.  You should be careful about disclosing your genetic information with others.  While the Genetic Information Nondiscrimination Act (GINA) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established.  In addition, GINA does not cover life or disability insurance providers.  Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their genetic information.  Furthermore, genetic information that you choose to share with your physician or other health care provider may become part of your medical record, and through that medical record become accessible to other health care providers and/or insurance companies in the future.  Genetic information that has no or limited meaning today could have greater meaning in the future as new discoveries are made.  You may want to consult a lawyer before disclosing your genetic information to others.

Confidentiality.  Molecular may, at our sole discretion, share your personally identifiable information with third parties who we have engaged to help us provide the Products and Services.  In each case, we will make every effort to ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the Products and Services.  Molecular makes every effort to protect your privacy, and complies with all applicable privacy, non-disclosure, or mandatory disclosure laws.  Genetic information is unique to every individual, and maintains that unique profile even when separated from obvious identifiers such as a name or social security number.  Molecular strives for the highest standards of bioethics and maintains strict policies and procedures to ensure your genetic data is safe and secure.  Outside of providing the Products and Services, Molecular does not share personal data with third parties and Molecular will never sell your personal data.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MTL NOR ANY PERSON ASSOCIATED WITH MTL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MTL NOR ANYONE ASSOCIATED WITH MTL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MOLECULAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, OBTAINED BY YOU FROM MOLECULAR  OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU SHOULD ALWAYS USE CAUTION WHEN GIBING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.  MTL DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MOLECULAR SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL MOLECULAR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Molecular, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Website.

Conflict Resolution

Any dispute relating in any way to your visit to Molecular or to the Products and Services you purchase through Molecular shall be submitted to confidential arbitration in Vancouver, Clark County, Washington. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Governing Law and Jurisdiction

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Vancouver and County of Clark, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Molecular of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Molecular to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and Molecular with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Section Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Your Comments and Concerns

This website is operated by Molecular Testing Labs, 14401 1st Street SE, Vancouver WA 98684.

All notices to you may be made by email or regular mail.

Official notices to Molecular relating to this Agreement should be sent to:

Molecular Testing Labs

Attn:  Dave DeLong

14401 SE 1st Street

Vancouver, WA 98684

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: clientrelations@moleculartestinglabs.com.

 Notice of Privacy Practices

This notice describes how medical information about you may be used and disclosed, and how you can gain access to this information. Please review this Notice of Privacy Practices carefully.

 

Our Duties:

We are required by law to protect the privacy of your health information and to notify you of any breaches of your unsecured health information. We are also required by law to give you a copy of and follow the terms of this Notice, which sets forth our legal duties and privacy practices with regard to your health information.

 

Who is Subject to this Notice:

  • Molecular Testing Labs, which includes its employees, interns, contractors, and all workforce members who do not fall into a specific category.
Laboratory

Molecular Testing Labs

14401 SE 1st Street

Vancouver, WA 98684

1-855-MTL-LABS

Billing

Molecular Testing Labs

1475 Tyrell Lane

Boise, ID 83706

1-855-MTL-LABS

 

  • Medical staff members when providing services at or through Molecular Testing Labs.
  • This Notice covers only the health information collected, created and maintained by, through or at Molecular Testing Labs. “We,” “us,” and “our” in this Notice refer to the parties listed above. This Notice does not cover the care that you may receive from independent providers outside Molecular Testing Labs or actions by any health plan.
    • Molecular Testing Labs is not responsible for the acts of the other entities that may provide information to us that become a part of your health information.

QUESTIONS:

If you have questions, please contact our Privacy Officer at 1-855-MTL-LABS.

Use and Disclosure of Your Health Information:

The following categories describe different ways we use and disclose health information. Not every use or disclosure in a category will be listed. Generally, except as allowed by law, we restrict access to your information, including nonpublic financial information, to those workforce members who need to know that information. We maintain physical, electronic and procedural safeguards to protect your information.

Use and Disclosure of Your Health Information for Treatment, Payment and Operations:

Treatment: We may use and disclose your health information to give you care, and to coordinate and manage your treatment or other services. For example, we also may disclose your health information to a healthcare provider, who is not employed by Molecular Testing Labs, who requested the laboratory test.  

Payment: We may use and disclose your health information to bill and collect payment from you or your health plan for services you received. For example, we may give information about your test to your health plan so your health plan will pay us or reimburse you for the treatment.

 Health Care Operations: We may use and disclose your health information for our operations. These uses and disclosures are necessary, for example, to evaluate the quality of our laboratory testing, accuracy of results, accreditation functions and for Molecular Testing Labs operation and management purposes. Molecular Testing Labs may also disclose PHI to other healthcare providers or health plans that are involved in your care for their healthcare operations.  For example, Molecular Testing Labs may provide PHI to manage disease, or to coordinate healthcare or health benefits.

Uses and Disclosures That We May Make Unless You Object:

 

Directory: MTL does not create or maintain a directory.

Individuals Involved in Your Care or for Notification: We may disclose your PHI to a family member, close personal friend, or other person you identify certain health information that is needed for that person’s involvement in your care or payment for your care. Except in limited situations, such as an emergency, we will ask you or determine if you object. We also may disclose your health information, directly or through a disaster relief entity, to find and tell those close to you of your location or condition.

Uses and Disclosures We May Make Without Your Authorization:

As Required by Law: We will disclose your health information when required to do so by federal, state or local law.

Business Associates: We may disclose your health information to “business associates” with which we contract to perform services on our behalf.

Public Health Activities: We may disclose your health information for public health activities, including: to a public health authority authorized by law to collect information to prevent or control disease, injury, or disability; to report actual or suspected child abuse or neglect; for certain federal Food and Drug Administration activities; to a person who may have been exposed to a communicable disease or may be at risk for contracting or spreading a disease or condition, as authorized by law; and to an employer about an employee, in certain situations.

Victims of Abuse, Neglect, or Domestic Violence: As allowed or required by law, we may disclose health information about an individual we reasonably believe to be the victim of abuse, neglect, or domestic violence to a government authority authorized to receive such reports.

 Health Oversight: We may disclose your health information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections and licensure.

Lawsuits and Disputes: We may disclose your health information in response to a court or administrative order, subpoena, discovery request or other lawful process, as allowed or required by law.

Law Enforcement Activities: We may disclose your health information if asked to do so by a law enforcement official: as required by laws that mandate certain types of reporting; in response to court orders, subpoenas, warrants, summons, grand jury subpoenas, certain administrative requests, or similar processes; to identify or locate a suspect, fugitive, material witness, or missing person (but we will give only limited information); about the victim of a crime in certain circumstances; about a death we believe may be the result of criminal conduct; about criminal conduct on our premises; and, in emergencies, to report a crime, the location of the crime or victims, or the identity, description, or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors: We may disclose your health information to a medical examiner or coroner as necessary or required to identify a deceased person or determine the cause of death. We also may disclose your health information to funeral directors so they can perform their duties.

Organ and Tissue Donations: We may disclose health information to authorized organizations as required or needed for organ, eye, or tissue donation and transplants. 

Research: Under certain circumstances, we may use and disclose your health information for research purposes. Most of the time, the provider conducting the research or Molecular Testing Labs will ask for your authorization.

To Avert a Serious or Imminent Threat to Health or Safety: We may use and disclose your health information when we reasonably believe it is necessary to prevent a serious or imminent threat to the health and safety of you, the public or another person. The disclosure would only be to someone who is likely to help prevent the threat such as law enforcement.

Workers’ Compensation:  We may disclose your health information for workers’ compensation or similar programs.

National Security, Intelligence Activities, Protective Services and Military Personnel: We may disclose your health information to authorized federal officials for intelligence, counterintelligence, special investigations, and other national security activities authorized by law or to protect the President or other authorized persons. If you are a member of the armed forces, we may disclose health information about you as required by your military command authorities.

Inmates: We may disclose health information about an individual who is an inmate or is in custody to a correctional institution or law enforcement official.

Affiliated Covered Entities: We may share health information with providers who are “affiliated covered entities” of Molecular Testing Labs. These are entities with which Molecular Testing Labs has common ownership or control.

Incidental Disclosures: Certain incidental disclosures of your health information may occur as a by-product of permitted uses and disclosures.

De-identified Information and Limited Data Sets: We may use and disclose your health information that has been “de-identified” by removing certain identifiers (such as name and address) making it unlikely that you could be identified. We also may disclose limited health information, contained in a “limited data set,” as allowed by law.

Personal Representatives: Minors and incapacitated adults may have “personal representatives”. These personal representatives may be able to act on the individual’s behalf and exercise the individual’s privacy rights

Uses and Disclosures We May Make with Authorization:

Your Authorization: Other uses and disclosures of your health information not covered by this Notice or permitted by law will be made only with your written authorization. These types of uses and disclosures include psychotherapy notes, or uses or disclosures for the purposes of marketing or for the sale of your health information. You may revoke your authorization, in writing, at any time, (unless you are told otherwise at the time you sign the authorization). If you revoke your authorization, then we will no longer use or disclose your health information for the reasons covered by your authorization, except to the extent that we already have relied on your authorization. We are unable to take back any disclosures we already have made based on your authorization, and we are required to retain our records of the care that we provided to you.

Specially Protected Health Information: Unless otherwise required or permitted by law, we may need your authorization to disclose your health information regarding treatment for AIDS/HIV/ARC, mental health, drug addiction, alcoholism, and other substance abuse treatment, developmental disabilities, and/or genetic information or records.

YOUR HEALTH INFORMATION RIGHTS:

You have the rights described below:

Right to Inspect and Copy: You have the right to inspect and obtain copies of health information that we may use to make decisions about your care. You also have the right to inspect and obtain copies of completed laboratory reports or results directly from Molecular Testing Labs laboratories in Molecular Testing Labs networks and at Molecular Testing Laboratories. We may deny your request in certain limited circumstances. To inspect or obtain a copy of your health information, you must submit your request in writing to the Privacy Officer at Molecular Testing Labs.

Right to Amend: If you feel that health information we have about you is incorrect or incomplete, then you have the right to request an amendment for as long as we keep this information. Molecular Testing Labs cannot amend records we did not create or author. We may deny your request in certain situations. To request an amendment, you must submit your request on a designated form to the Privacy Officer. You will be notified in writing within 60 days of your request if we do not agree to your request.

Right to an Accounting of Disclosures: You have the right to request an accounting of certain disclosures of your health information made by us. To request this list or accounting, you must submit your request on a designated form to the Privacy Officer.

Right to Request Restrictions: You have the right to request a restriction or limitation on the health information we use about you for treatment, payment or healthcare operations. You also have the right to request a limit on the health information we disclose about you to someone who is involved in your care or the payment for your care. To request a restriction, you must submit your request on a designated form to the Privacy Officer. You are entitled to a restriction, upon request, to not disclose information to your health plan for health care services we provided and for which you paid us directly in full when the purpose of the disclosure is for the health plan’s payment or health care operations and is not otherwise required by law and the health information pertains solely to the health care item or service for which you or a person on your behalf of has paid us in full. We are not required to agree to other types of request. If we do agree, we will comply with your request unless the information is needed to provide you with emergency treatment.

Right to Request Confidential Communications: You have the right to request that we communicate with you about health matters in a certain way or at a certain location. To request confidential communications regarding billing, you must submit our designated form to the Accounting Department or the Privacy Officer. To request confidential communications regarding your health information, you must submit a designated form to the Privacy Officer. We will agree to the request if it is reasonable for us to do so.

Right to a Copy of this Notice: You have the right to receive a written copy of this Notice (even if you agreed to receive this Notice electronically). Copies of the Notice are available at the Reception Desk or by the Privacy Officer. You may print a copy of this Notice from our website at www.moleculartestinglabs.com.

CHANGES TO THIS NOTICE:

We reserve the right to change this Notice. The revised Notice will be effective for information we already have about you as well as any information we receive in the future. Unless required by law, the revised Notice will be effective on the new effective date of the Notice. The current Notice will be available in lab locations or on our websites and will be posted in our facilities. The Notice will state an effective date.

COMPLAINTS:

If you believe that your privacy rights have been violated, you may complain to the Privacy Officer by calling (toll free) 1-855-MTL-LABS or the Molecular Testing Labs Hot Line (toll free) at 855-400-6002 or at www.lighthouse-services.com/moleculartestinglabs. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

 

PWNHealth Informed Consent

General Informed Consent

I agree to receive the services provided by PWNHealth (the administrative services provider of the professional entities), PWN Remote Care Services, PW Medical Professional and certain other affiliated professional entities (collectively, “PWN”, “PWNHealth”, “we” or “us”) relating to ordering laboratory tests (“Tests”) I have requested on the Molecular Testing Labs (“MTL”) website, including, without limitation, physician oversight, ordering of Tests, physician consultations via telemedicine (“Consults”), any customer support or counseling and any other related services provided by PWN or its service providers and partners (the “PWN Services”). All clinical PWN Services, including PWN Services provided by physicians, will be provided through PWN Remote Care Services, PW Medical Professional or their affiliated professional entities.

PWN DOES NOT PROVIDE PWN SERVICES OR ANY OTHER SERVICES RELATING TO GENETIC TESTS AVAILABLE ON THE MTL WEBSITE.

If you have ordered an HIV Test (including as part of a panel), please also review the Informed Consent to Perform HIV Testing immediately following this General Informed Consent.

I acknowledge and agree to the following:

  • I have read and understand the information provided about the Test(s) that I am ordering on the MTL website.
  • The information I have provided in connection with the PWN Services is correct to the best of my knowledge. I will not hold PWNHealth or its health care providers responsible for any errors or omissions that I may have made in providing such information.
  • I authorize my health information and results to be shared by and among PWNHealth and its affiliates, professional corporations, health care providers, staff and agents and MTL and its staff and agents in connection with the PWN Services and the MTL services.
  • The PWN Services do not constitute treatment or diagnosis of any condition, disease or illness, except in connection with Consults as described below.
  • If I receive an abnormal result on a Test that PWNHealth determines warrants an alert call, I understand that PWNHealth’s Care Coordination Team will attempt to call me to review the results, offer education and explain the next steps I should take. PWNHealth’s Care Coordination Team may leave me a voice message at my designated telephone number. I also understand that if I am not able to be reached, PWNHealth’s Care Coordination Team will mail a follow-up letter to my designated address (the letter will not include my test results). If I receive an abnormal result and have not connected with PWNHealth’s Care Coordination Team, I understand that I should not delay following up with my personal physician.
  • I understand that after receiving my Results for Test, including HIV, I will have the opportunity for a telemedicine Consult with a PWNHealth physician at no additional charge. If my Results show that I have Chlamydia, Gonorrhea, HSV 2, or Trichomoniasis (the “Treatment Conditions”), the physician may be able to prescribe medication during the Consult, if appropriate.  I understand that if my Results show that I have one of the Treatment Conditions, it is important to schedule a Consult as soon as possible or obtain other treatment.
  • I certify that throughout the duration of my Consult I will be physically present in the state of residence I provided or other state of which I have notified PWNHealth.
  • I am responsible for forwarding any results to my primary care or other personal physician and for initiating follow up with such physician for care, diagnosis, medical treatment or to obtain an interpretation of the Results, as applicable.
  • I will not make medical decisions without consulting a healthcare provider or disregard medical advice from my healthcare provider or delay seeking such advice based on information as a result of the use of the PWN Services.
  • If I receive an abnormal result on certain STD Tests, my name and result will be disclosed to my state health agency in accordance with applicable law.
  • If I receive an abnormal result on an STD Test, it is important that I notify my sexual and needle sharing partners and follow up with a physician to receive treatment.

I understand that PWN Services, including Consults, are delivered by health care providers who are not in the same physical location as I am using electronic communications, information technology or other means, including the electronic transmission of personal health information.    I also understand that:

  • A PWNHealth physician will determine whether or not PWN Services, including any treatment, are appropriate for me.
  • For Consults, the scope of services will be at the sole discretion of the physician treating me, with no guarantee of diagnosis, treatment, or prescription. The physician will determine whether or not the condition being diagnosed and/or treated or the PWN Services being rendered are appropriate for a telehealth encounter.
  • I have the right to withdraw my consent to the use of telehealth in the course of my care at any time by contacting the PWNHealth’s Care Coordination Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com.
  • Any video feed from the Consult will not be retained or recorded by PWNHealth.
  • My health and wellness information pertaining to telehealth services are governed by the PWNHealth Terms of Use and PWNHealth Notice of Privacy Practices.
  • I may need to see a health care provider in-person for diagnosis, treatment and care.
  • There are potential risks associated with the use of technology, including disruptions, loss of data and technical difficulties.
  • There are alternative services, such as visiting a primary care provider, an emergency room, or an urgent care facility; however, I chose to proceed with the PWN Services at this time.

I understand that if I have any questions before or after my Test, I can contact PWNHealth’s Care Coordination Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com.

I authorize PWNHeatlh to use the email address and phone number I provided in connection with my MTL account to contact me in connection with the PWN Services, including followup after a Consult. I am responsible for contacting MTL or PWNHealth’s Care Coordination Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com to notify them of any changes to my mailing address, email address, phone number or other information that I provided in connection with the PWN Services.

I have read this Informed Consent carefully, and all my questions were answered to my satisfaction.  I hereby consent to participate in the PWN Services pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWNHealth Terms of Use and PWNHealth Notice of Privacy Practices or as otherwise provided to me.

 

Informed Consent to Perform HIV Testing

(This Consent Applies Only If You Purchase An HIV Test)

I have been provided with and I understand the following information regarding HIV testing:

  • What is HIV? HIV stands for human immunodeficiency virus. It’s the virus that causes AIDS. It damages your immune system, making it easier for you to get sick and even die from infections or diseases, like cancer, that your body could normally fight off.
  • How does the test work? The HIV test is a blood test that looks for HIV and requires you to provide a sample of your blood. The test is divided into three parts to ensure accuracy. The first test looks for antibodies your body makes when have been infected with HIV, as well as part of the virus itself. If the result of the first part is non-reactive, you are not infected with the HIV virus. If it is reactive, a second test, which looks for antibodies against HIV, is run from the same blood sample. If this test is reactive, it is highly likely you are infected with the HIV virus. If it is non-reactive or indeterminate, a third test is run. This last test looks for RNA, HIV’s genetic material. If this test is positive, then it confirms that there is HIV infection. Another test may be recommended if all three parts of the test are negative but there is still a strong reason to think you have been infected.
  • Timing of Testing. After being infected with HIV, it takes several weeks and possibly months for blood tests to detect the virus. If you test too soon, the test may be negative even if the virus is in your body. If you think you may have been exposed to HIV in the last 3 days, you should immediately contact a doctor. Prompt treatment, also called post-exposure prophylaxis (PEP), within 3 days of a possible exposure, can decrease the chance that you will develop an HIV infection.
  • Test Results and Counseling. If your test shows that you have HIV, PWN’s Care Coordination Team will call you to review the results and explain the next steps you should take, including where you can get treatment. After your test you will be offered education, counseling, and information regarding your results.
  • Treatment of HIV. There are treatment options for HIV. There’s no cure for HIV, but medication can slow down the damage the virus causes. New medications have made it possible for people with HIV to live about as long as they would without HIV. Getting tested means getting treatment that will help you stay healthy longer and lower the chances of spreading the virus to others.
  • Safe Practices. Individuals with HIV/AIDS can adopt practices to protect uninfected people from becoming infected.  Use condoms every time you have sex.
  • Partner Notification. If you test positive, it is important to notify your sexual and needle sharing partners and many states require that you do so.  There are resources available from your local health department which can help you notify your partners.  Be honest with your future partners so you can both be informed and help each other stay healthy.
  • Further Testing. Even if your test results are negative, the CDC recommends yearly testing for some people, including those with multiple sex partners, men who have sex with men, those who use IV drugs, and those who’ve had another STD. Ask your doctor if you should be tested every year.
  • Additional Information. Additional information regarding HIV is available on the MTL website.

I understand that if I have any questions before or after the HIV test, I can contact PWNHealth’s Care Coordination Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com.

I understand that the testing being offered is confidential but not anonymous. It requires my name and credit card information. Anonymous testing options are available at in-person specialized testing centers.

I understand that the law prohibits discrimination based on an individual’s HIV status. Services are available if I believe I have experienced discrimination based on my HIV status.

I understand that the law protects the confidentiality of test results.   As required by state law, if I am positive for HIV, my name and results will be reported to my state’s health department.  I also understand that my health information and results may be shared with other PWNHealth health care providers, including physicians, and counselors for purposes of providing care to me.

I understand that testing is voluntary and that I may withdraw my consent to testing at any time prior to the completion of the laboratory test by contacting PWNHealth’s Care Coordination Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com.

I have read and understand the information that has been provided to me.  I have been given the opportunity to ask questions about HIV testing and all of my questions have been answered to my satisfaction.

I have read and understood this Informed Consent for HIV Testing and hereby consent to be tested for HIV pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWNHealth Terms of Use and PWNHealth Notice of Privacy Practices or as otherwise provided to me.

PWNHealth Terms of Use

Effective Date: November 15, 2018

 PWNHEALTH WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

These Terms of Use (“Terms”) govern your use of the services provided by PWN Remote Care Services, PW Medical Professional, certain affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, “PWN”, “PWNHealth”, “we” or “us”) relating to ordering laboratory tests (“Tests”) through the Molecular Testing Labs (“MTL”) website, including, without limitation, physician oversight of Test requests, receipt of Test results (“Results”), telehealth consultations with PWN affiliated physicians (“Consults”), any customer support or counseling and any other related services provided by PWN or its service providers and partners (the “PWN Services”). PWN is not responsible for the MTL services, including, without limitation, the MTL website and the provision of the Test, test kit or other services provided through or in connection with the MTL website. In these Terms, the terms “you” and “yours” refer to the person accessing and/or using the PWN Services.  Your use of the MTL website and services are governed by MTL policies provided to you by MTL.

Your use of the PWN Services are subject to any additional terms and polices, such as our Notice of Privacy Practices below and any consents, of which we provide notice to you.

By using the PWN Services, you acknowledge that you have read, understood and agree to be legally bound by and comply with these Terms, the Notice of Privacy Practices, and any and all additional terms and policies. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE PWN SERVICES.

  1. Changes to our Terms. We reserve the right to modify or amend these Terms, in whole or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or any third party. All changes to these Terms will be effective immediately upon their posting to the MTL website. We will notify you of material changes to these Terms by posting the changes on the MTL website. Continued use of the PWN Services after the effective date of such modified Terms will indicate your acknowledgement and agreement to be bound by the modified Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the PWN Services.
  2. PWN Services. Except for Consults, (a) PWN does not provide medical advice and the PWN Services are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness and (b) PWN’s physicians do not and will not prescribe or order any drugs or medication in connection with the PWN Services. PWN Services do not replace your existing primary care or other relationship with your physician. You are solely responsible for forwarding any Results to your primary care or other personal physician and for initiating follow up with such physician for care, diagnosis, medical treatment or to obtain an interpretation of the Results. PWN will not forward your Results to your personal physician. You should not make medical decisions without consulting with a physician.  Do not disregard medical advice from your healthcare provider or delay seeking such advice based on the information obtained as a result of your use of the PWN Services.  The PWN Services are not intended to make a medical necessity determination.

By accepting the Terms, you understand that PWN may send you messages, reports and emails regarding the PWN Services, Tests, Results, and/or any personal or health information you have provided in connection with the PWN Services, including a followup survey. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.

  1. Eligibility.

 The PWN Services are not intended or designed for individuals under the age of 18. By using the PWN Services, you confirm that you are age 18 or over.

The PWN Services are intended for individuals located and residing in the United States. However, the PWN Services may not be available in certain U.S. states. You will be notified if the PWN Services are not available in the state in which you are located. You agree that any and all data you provide or make available shall relate only to users located in the United States. By using the PWN Services, you confirm that you are located in the United States when you receive the PWN Services. You shall not access the PWN Services outside of the United States and PWN disclaims any responsibility for any attempt by you to do so.

You agree that any data submitted or provided by you or on your behalf in connection with the PWN Services is truthful, accurate, and appropriate. You agree that the PWN Services that you request are for your own personal use and that you will not order a Test for another person.

You may be ineligible for a Test based on the information that you provided (e.g., certain Tests may only be intended for women) or otherwise.   You will be notified if it is determined that you are not eligible for a Test.

  1. Payment.

MTL will collect your payment for the PWN Services on behalf of PWN on its website as its collection agent.   You will be notified of the fees for the PWN Services on the MTL website.  PWN reserves the right to change prices in our sole discretion at any time; however, the MTL website will reflect then-current prices.

The PWN Services are paid for by you and are not intended to be reimbursed by any health plan. PWN does not submit or process insurance paperwork or claims.  You understand that the PWN Services purchased are solely your financial responsibility and that you will not submit any invoice or claim for reimbursement to any insurer or health plan (including, but not limited to, Medicare, Medicaid or any private health insurer or plan).  Medications prescribed during Consults may not be reimbursable through Medicaid.

  1. Physician Oversight.

PWN affiliated independent physicians provide clinical oversight of Test requests.   Test requests and the information you provide are evaluated and if appropriate, a physician will order the Test requested by you. If you receive an abnormal result on a Test that PWNHealth determines warrants an alert call, you understand that PWNHealth’s Care Coordination Team will attempt to call you to review the results, offer education and explain the next steps you should take.  If you receive an abnormal result and have not connected with PWNHealth’s Care Coordination Team, you should not delay following up with your personal physician. All PWN Services provided by physicians shall be provided through PWN Remote Care Services or its affiliated professional entities. As part of the PWN Services, after you receive your Results, you will have the opportunity to receive either a telehealth Consult with a PWNHealth physician, as described below.

You acknowledge that the ordering physician may be required by statute to report your Results (e.g., a positive STD test) to the local health department.

  1. Consults

You understand that after receiving your Results for a Test, including HIV, you will have the opportunity for a telehealth Consult with a PWNHealth physician.

Consults must be arranged through the PWN Care Coordination Team.  If you elect a Consult, you will be asked to complete a brief intake survey to collect necessary health information prior to scheduling your Consult.  You may speak with the physician by phone or video, depending on your state’s regulations.   If the physician does not reach you after three attempts, you can contact the PWN Care Coordination Team at the “Contact Us” number below to reschedule.

If your results show that you have Chlamydia, Gonorrhea, HSV 2, or Trichomoniasis,  if you elect to have a Consult, the physician may be able to prescribe medication for your condition. The physician will speak with you to assess your eligibility for treatment and, if appropriate, based on the Consult and your health information, send a prescription to the pharmacy of your choice.   The scope of services will be at the sole discretion of the physician, with no guarantee of diagnosis, treatment, or prescription.

If elect to have a Consult but don’t have one of the above conditions, the physician can discuss your specific test results and symptoms and talk about plans for managing your health.  However, no diagnosis, treatment or prescriptions will be provided other than for the conditions listed above. You will need to follow up with your personal physician for diagnosis, treatment or prescriptions.

  1. Privacy.

Please review the PWNHealth Notice of Privacy Practices, which describes PWNHealth’s practices regarding the information that PWNHealth may collect from users of the PWN Services, and which is available below.   By accessing and using the PWN Services, you hereby consent to all actions we may take with respect to your information consistent with these Terms and our Notice of Privacy Practices.

  1. Limitation of Liability.

IN NO EVENT WILL PWN OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO OR USE OF (OR INABILITY TO USE) OR ANY PWN SERVICES. THE PRECEDING DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IF PWN OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF PWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED U.S. ONE HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PWN SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

  1. Disclaimers.

PWN SERVICES AND RELATED CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND ALL CONDITIONS WITH REGARD TO THE PWN SERVICES, AND RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE PWN SERVICES.

YOUR USE OF THE PWN SERVICES IS AT YOUR OWN RISK. PWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH THE PWN SERVICES OR MTL WEBSITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT : (I)  THE CONTENT RELATED TO THE PWN SERVICES IS ACCURATE, COMPLETE, RELIABLE OR CURRENT; AND (II) THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE MTL WEBSITE. IN NO EVENT SHALL PWN BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE PWN SERVICES, OR ANY RELATED CONTENT, INCLUDING IF SUCH USE VIOLATES THESE TERMS.

PWN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY PWN SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY MTL, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES.

  1. Indemnification. You agree to defend, indemnify and hold harmless PWN, its subsidiaries and its affiliates, and their respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (i) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (ii) your use of materials or features of the PWN Services in an unauthorized manner.
  2. Ownership; Intellectual Property and Proprietary Rights.

Certain names, logos, brands and other materials displayed in connection with the PWN Services and through the MTL website may constitute trademarks, trade names, services marks or logos (“Marks”) of PWN or its affiliates, including, without limitation “PWN”, “PWNHealth” and “PWN Remote Care Services”. You are not authorized to use any such Marks without the express written permission of PWN or its affiliates. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.  All intellectual property rights in the PWN Services, and any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of PWN or our service or content providers and are protected by United States and foreign intellectual property laws.

  1. Term; Termination. The Terms, as may be amended from time to time, will remain in full force and effect as long as you continue to access or use the PWN Services, or until terminated in accordance with the provisions of these Terms. We, in our sole discretion, with or without notice to you, at any time and for any reason, may terminate, suspend or modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to access and/or use the PWN Services; and (iii) the PWN Services. You may terminate the Terms at any time by discontinuing use of the PWN Services. Your permission to use the PWN Services automatically terminates if you violate these Terms. PWN shall not be liable if, for any reason, all or any part of the PWN Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.
  2. Equitable Relief. You acknowledge and agree that breach of these Terms will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, PWN shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms, or otherwise.
  3. General. These Terms, the PWN Notice of Privacy Practices, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWN with respect to access to and use of the PWN Services. These Terms and your use of the PWN Services are governed by the laws of the State of Delaware, without respect to its conflict of law principles. In the event a dispute arises between the parties under these Terms or that in any way relates to your use of the PWN Services, the parties hereby agree to binding arbitration, which will be conducted in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms. PWN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  4. Contact Us.

Should you have questions about the PWN Services, you may contact us at:

Phone Number: 855-205-6146

Address:           PWNHealth, LLC

123 W 18th Street

New York, NY 10011

Email Address: patientservices@pwnhealth.com

Last updated: November 15, 2018

 

Notice of Privacy Practices Regarding Health Information

This notice describes how health information about you may be used and disclosed, and how you can get access to this information. Please review it carefully.

How we May Use and Disclose your Health Information. We may use your health information and disclose it to appropriate persons, authorities and agencies, as allowed by federal and state law. Please be aware that state and federal law may have more requirements on how we use and disclose your health information. If there are specific, more restrictive requirements, even for some of the purposes listed above, we may not disclose your health information without your written permission as required by such laws. We may also be required by law to obtain your written permission to use and disclose your information related to treatment for a mental illness, developmental disability, or alcohol or drug abuse. We may do this without your written permission for the following limited purposes:

 

 

  1. Treatment.
  2. Payment.
  3. Required by Law.
  4. Public Health.
  5. Reporting Victims of Abuse or Neglect.
  6. Health Care Oversight.
  7. Legal Proceedings & Law Enforcement.
  8. Death.
  9. Serious Threats to Health or Safety.

We may also disclose any information that you provide to use or that is provided on your behalf, including, without limitation, your laboratory test results. You have the right to request a restriction or limitation on the disclosure of such information as set forth below.

Your Health Information Rights. You have the right to:

  1. Read and copy your health information.
  2. Request to correct your health information.
  3. Request to restrict certain uses and disclosures of your information. You have the right to request in writing that we restrict how your health information is used or disclosed. For most requests, under the law, we are not required to agree to your request. In some cases, we may not be able to agree to your request because we do not have a way to tell everyone who would need to know about the restriction. There are other instances in which we are not required to agree with your request. We will inform you when we cannot find a way to carry out your request.
  4. Receive a record of how we disclosed your information.
  5. Receive notification of a breach and obtain a paper copy of this notice.

Contact us at info@pwnhealth.com or PWNHealth, 123 W 18th Street, New York, NY 10011 Attn:  Privacy Officer with any questions or concerns regarding the above.