PWNHealth Terms of Service

Health Tests

Effective Date: November 21, 2019

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

These Terms of Service (“Terms of Service” or “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, “PWNHealth”, “we” or “us”) relating to ordering certain laboratory tests (“Test(s)”), including, without limitation, ordering of a Test, test review services, receipt of Test results (“Results”), telehealth consultations with PWNHealth affiliated physicians (“Consults”), education sessions with physicians (“Education Sessions”), any customer support or counseling and any other related services provided by PWNHealth or its service providers and partners (the “Services”) and website (“Site”). PWNHealth is not responsible for laboratory testing or other services provided by BRL. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES OR OUR SITE

By using the Services or the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE SERVICES OR SITE.

As part of the Services, you may interact with certain Site pages that are hosted by Bio-Reference Laboratories, Inc. (“BRL”) or by PWNHealth. BRL’s privacy policy and terms and conditions of use (the “BRL Policies”), which are located in the BRL footer of each Site page and govern your interactions with the Site pages hosted by BRL. If these Terms of Service appear on any Site page, then the Site page is governed by these Terms of Service. If only the BRL Policies appear on a Site page (and not these Terms of Service), then the Site page is hosted by BRL and the Site page is governed by the BRL Policies. For the avoidance of doubt, the BRL Policies only apply to the Site pages hosted by BRL; the remainder of the Services are governed by these Terms of Service. The BRL Policies also apply to their laboratory testing services.

  1. Changes to our Terms of Service.

    We reserve the right to modify or amend these Terms of Service at any time. All changes to these Terms of Service will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms of Service by conspicuously posting the changes on the Site. Continued use of the Site or Services after the effective date of a modified Terms of Service will indicate your agreement to any modified terms. Each version of our Terms of Service will be prominently marked with an effective date. If any of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Site and the Services.

  2. Additional Terms.

    Your use of the Services and the Site are subject to any additional terms and polices, such as our Privacy Policy, Notice of Privacy Practices and any consents, of which we provide notice to you. The Privacy Policy and Notice of Privacy Practices can be found at [Privacy Practices and Privacy]. You grant PWNHealth and our service providers the right to use your information as described in the Privacy Policy and Notice of Privacy Practices.

  3. PWNHealth Services.

    The Services do not constitute treatment or diagnosis of any condition, disease or illness and, except in connection with Consults, PWNHealth physicians do not and will not prescribe or order any drugs or medication in connection with the Services. The 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. 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 on the Site or obtained as a result of your use of the Services.

  4. Account.

    PWNHealth is solely responsible for the Services. You will be required to create an account in order to use the Services, including purchasing a Test. You will be required to login to your account in order to access your Results. If the arrangement between PWNHealth and BRL terminates, you will be notified by PWNHealth and you will be able to access your Results for a thirty (30) day period after such termination. If your account is terminated, you will no longer have access to your Results. Please print or download your Results prior to terminating your account. BRL may collect and use the personal information about you, as provided in the BRL Policies. We may rely on the authority of anyone using your login credentials. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. Please consult the BRL Policies if you have any questions regarding your BRL accounts, profile or information that you submit to BRL.

  5. Eligibility.

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

    The Services are intended for individuals located in and residing in the United States. By using the Services or the Site, you confirm that you are located in the United States when you receive the Services. If you access the Site and the Services from outside the United States, you are responsible for compliance with the laws of your jurisdiction. You are prohibited from using the Services or the Site to violate any local, state, national or international laws.

    You agree that the information you submit in connection with the Services is truthful and accurate. You agree that the Services 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 or otherwise. If such determination that you are not eligible for a Test is made after you have paid for such Test, you will be notified and the total amount of fees you were charged for such Test and related services will be refunded as set forth below.

  6. Availability of Services.

    The Services may not be available in certain states. You will be notified on the Site if Services are not available in the state in which you are located. Services may be modified from time to time at the sole discretion of PWNHealth.

  7. Payment and Billing.

    All prices are shown in U.S. dollars. We reserve the right to change prices as we may determine in our sole discretion at any time; however the Site will reflect current prices.

    By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use such payment method and that you authorize us or our third party payment processor to charge such payment method for the total amount of your order. We or our third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees for the order. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order. Our third party payment processor will collect your credit card information and related personal information for its use in processing your payment for the products or services that you order. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.

    The Services are paid for by you and are not intended to be reimbursed by any health plan. PWNHealth does not submit or process insurance paperwork or claims.

  8. Cancellation, Refunds and Retest.

    You may cancel your order and request a refund as set forth below by calling PWNHealth customer support at the “Contact Us” number below. If you have not yet provided your sample at a test center and you have placed your order within the last 30 days, you can call PWNHealth's Care Coordination Team to request a cancellation and refund. If you cancel within 24 hours of ordering a Test you will receive a full refund equal to the original purchase price. If you cancel after 24 hours, a fee will be subtracted from your refund to cover physician and processing fees.

    Unfortunately, PWNHealth cannot process a refund for your order if you've already provided a sample at a test center.

    If PWNHealth cancels your order as described in these Terms of Service (eg, if a physician determines that you are not eligible for a test), the full amount of your fee will be refunded.

    Refunds will be credited to your credit card or other payment method used.

  9. Test Request Review and Sample Collection.

    PWNHealth is an independent network of affiliated health care providers that provides independent physicians to review Test requests and determine whether testing is appropriate for you. If such independent physician determines that a Test is not appropriate for you, you will be issued a refund of the total amount of fees you were charged for such Test and any specimen you have provided will not be processed. All Services provided by physicians shall be provided through PWN Remote Care Services or its affiliated professional entities.

    Your Test requisition will be valid for six (6) months from the date that you ordered the Test.

  10. Pre-Test Consults.

    As part of the Services, you will be offered the opportunity to participate in a telehealth Consult with a PWNHealth affiliated board certified, licensed physician pre-Test to determine if the Test is appropriate for you. You may request a pre-test Consult by contacting the PWNHealth Care Coordination Team at the “Contact Us” number below.

    A pre-test Consult is included in your services and does not require an additional fee.

  11. Test Results.

    If your Results are abnormal and require outreach as determined by PWN and the laboratory, PWNHealth's Care Coordination Team will attempt to call you to discuss the Results, provide educational information, and discuss plans for managing my health moving forward, including to advise you to reach out to a physician, such as my primary care or personal physician, to obtain an interpretation of the Results and for care, diagnosis, and medical treatment. If you do not answer the phone, PWNHealth’s Care Coordination Team may leave you a voicemail but will not include your test Results in any voicemail message.

    Results may vary depending upon a variety of factors and false negative or false positive results are possible.

    You may access your Results through your account for one (1) year from receipt of Results, unless your account is terminated, the arrangement between BRL and PWNHealth is terminated or you are otherwise notified by PWNHealth. If the arrangement between BRL and PWNHealth is terminated, you will be notified by PWNHealth and you will be able to access your Results for a thirty (30) day period after such termination. You have a right to your records in accordance with applicable law. If you are not able to access your Result, you can call customer service at the “Contact Us” number below.

  12. Post-Test Consults and Education Sessions.

    After receiving your Results for an STD Test (Chlamydia or Gonorrhea), you will have the opportunity for a telehealth Consult with a PWNHealth physician. After receiving your Results for non-STD Tests, you will have the opportunity for either an Education Session with a PWNHealth physician or a telehealth Consult with a PWNHealth physician, as determined by applicable law and PWNHealth. You will be notified if you are eligible for a Consult or Education Session and whether your Consult may include treatment.

    Consults must be arranged through the PWN Care Coordination Team. If you are eligible for and 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 two 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 or Gonorrhea, 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 you are eligible for 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. If you are eligible for an Education Session, as described above, you may arrange for an Education Session with a PWN licensed physician. Education Sessions are educational sessions providing general information about a test and/or condition, not your specific results or symptoms. They are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness, or otherwise constitute the practice of medicine. Physicians will not prescribe or order any drugs or medication in connection with Education Sessions. You may be instructed to follow-up with your local healthcare provider for care.

    PWNHealth may contact you after your Consult or Education Session via email with a survey which may include questions regarding customer satisfaction and follow up care and may contact you via phone or other communication based on your responses to the survey. A post-test Consult or Education Session is included in your services and does not require an additional fee.

  13. Links to Other Websites.

    The Site may contain links to third party websites. PWNHealth is not responsible for the content of such third party websites, including sites framed within the Site. If you elect to use such third party websites, your use is at your own risk and is subject to the terms and conditions of use for such sites.

  14. Prohibited Uses.

    You may not use the Site except as expressly permitted in these Terms. You will not:

    • Use the Services or Site for any unlawful purpose;
    • Use the Site in any manner that could disable, damage or overburden the Site or interfere with other users’ use of the Site;
    • Introduce any viruses, Trojan horses, worms, malware, time bombs or other material that is malicious, harmful or may damage the Site
    • Disrupt, interfere with, or attempt to gain unauthorized access to any part of the Site, including any data on the Site or connected server or database
    • Circumvent, bypass or breach any security device, protection or technological measure implemented by PWNHealth or our service providers to protect the Site
    • Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user or impersonate any other user, person or entity
    • Remove, delete, alter or obscure any trademarks, specifications, warranties or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Site or any content made available to you through the Site

  15. Limitation of Liability.

    IN NO EVENT WILL PWNHEATH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF SITE OR THE SERVICES, EVEN IF PWNHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE TOTAL LIABILITY OF PWNHEALTH 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 SITE OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

  16. Disclaimers.

    THE SITE AND THE CONTENT ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN.

    YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR OWN RISK. PWNHEALTH AND ITS AFFILIATES AND THEIR 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 SITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, (III) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR (IV) THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE SITE. . IN NO EVENT SHALL PWNHEALTH BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE SERVICES, SITE OR ANY RELATED CONTENT IF SUCH USE VIOLATES THESE TERMS.

  17. Indemnification.

    You agree to defend, indemnify and hold harmless PWNHealth, and its subsidiaries, affiliates and respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your violation of these Terms of Service or other policies or any applicable law or regulation or (ii) your use of the Services or Site in an unauthorized manner.

  18. Proprietary Rights.

    The Site and the content made available to you on or through the Site, including, without limitation, all content, text, graphics, icons and images, and all intellectual property rights therein and any suggestions, ideas or other feedback provide by you are the sole and exclusive property of PWNHealth or our service or content providers and are protected by U.S. and foreign intellectual property laws. The Site and related content contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. The compilation of all of the content on the Site is also the exclusive property of PWNHealth and is protected by U.S. and foreign intellectual property laws. Except as expressly authorized by PWNHealth, you may not use, sell, modify, reproduce, redistribute, create derivative works, or otherwise exploit information provided to you through the Site, in whole or in part. PWNHealth grants you a limited, non-exclusive right to access and use the Site for personal, non-commercial purposes. Any use of the Site other than specifically authorized herein is strictly prohibited. Certain names, logos, brand or other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Trademarks”) of PWNHealth, its affiliates or partners. You may not use such Trademarks without the prior written permission of PWNHealth or its affiliates or partners, as applicable.

  19. Termination; Modifications.

    PWNHealth may terminate these Terms of Service at any time in its sole discretion. PWNHealth may terminate, suspend or modify the Services at any time in its sole discretion with or without notice to you. Permission to use the Site and the Services may be terminated by PWNHealth at any time in its sole discretion. PWNHealth shall not be liable if for any reason all or any part of the Site is unavailable.

  20. General.

    These Terms of Service, the PWNHealth Privacy Policy, PWNHealth Notice of Privacy Practices, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWNHealth with respect to the use of the Services. These Terms of Service and your use of the Services are governed by the laws of the State of Delaware, without respect to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with PWN, Health or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute. If any provision of these Terms of Service 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 of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Upon termination of these Terms of Service, any provision that by its nature or express terms should survive, will survive such termination. You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent, and any assignment or transfer in violation of these provisions shall be null and void PWNHealth may freely assign or transfer these Terms of Service without restriction. Subject to the foregoing, these Terms of Service will bind and insure to the benefit of the parties, their successors and permitted assigns.

  21. DMCA Notification.

    PWNHealth reserves the right to remove any content or any other material or information available on or through the Site, at any time, for any reason. PWNHealth otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section 20 describes the procedure that should be followed to file a notification of alleged copyright infringement with PWNHealth.

    Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through the Site, you may submit a notification to our Designated Agent at the following address:

    General Counsel
    PWNHealth
    123 W 18th Street
    New York, NY 10011

    Any notification to PWNHealth under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
    • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • An identification of the content or material that you claim is infringing and where it is located on the Site;
    • Information sufficient for PWNHealth to contact you, such as your address, telephone number and/or email address;
    • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent or the law; and
    • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf

  22. For Texas Residents.

    NOTICE CONCERNING COMPLAINTS Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.

    AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

  23. Contact Us.

    If you have questions regarding the above, you may contact us at +1(805) 742-4254 or help@mylabology.pwnhealth.com with any questions or concerns regarding the above.

PWNHealth Terms of Service

COVID-19

Effective Date: April 15, 2020

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.

YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER IF YOUR SYMPTOMS GET WORSE OR YOU EXPERIENCE ANY NEW SYMPTOMS.

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 contractually affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, “PWNHealth”, “we” or “us”) relating to physician oversight of laboratory testing for COVID-19 (the “Test”), including, without limitation, evaluation of the test request, ordering of a Test (if appropriate), receipt of Test results (“Results”), consultations by healthcare providers via telemedicine (“Consults”), customer support and any other related services provided by PWN or its service providers and partners (the “PWNHealth Services”). PWNHealth is not responsible for the laboratory services, the provision of the Test or other services provided by the company from which you requested the Test (“Test Provider”) or through or in connection with Test Provider’s website. In these Terms, the terms “you” and “yours” refer to the person accessing and/or using the PWNHealth Services.

Your use of the PWNHealth Services is subject to our Notice of Privacy Practices, our Informed Consent, any additional consents that you provide and any additional terms or policies of which we provide notice to you.
By using the PWNHealth 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, the Informed Consent and any and all additional terms and policies. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE PWNHEALTH 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 this webpage. We will notify you of material changes to these Terms by conspicuously posting the changes on the website through which you ordered your test. Continued use of the PWNHealth 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 PWNHealth Services.

  2. PWNHealth Services.

    The PWNHealth Services are provided for informational purposes, and do not constitute treatment of any condition, disease or illness. PWNHealth’s physicians do not and will not prescribe or order any drugs or medication in connection with the PWNHealth Services. The PWNHealth 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 or medical treatments. PWNHealth will not forward your Results to your personal physician; however you will be provided with Results that you can download and bring 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 PWNHealth Services. The PWNHealth Services are not intended to make a medical necessity determination for insurance purposes.

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

  3. Eligibility.

    The PWNHealth Services are not intended or designed for individuals under the age of 18 or the applicable age or majority in the relevant state. By using the PWNHealth Services, you confirm that you are age 18 or over or over the age or majority in your state, as applicable.

    The PWNHealth Services are intended for individuals located and residing in the United States. However, the PWNHealth Services may not be available in certain U.S. states. You will be notified if the PWNHealth Services are not available in the state in which you are located. You agree that any and all data you provide or make available in connection with the PWNHealth Services shall relate only to users located in the United States. By using the PWNHealth Services, you confirm that you are located in the United States when you receive the PWNHealth Services. You shall not access the PWNHealth Services outside of the United States and PWNHealth 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 PWNHealth Services is truthful, accurate, and appropriate. You agree that the PWNHealth Services that you request are for your own personal use and that you will not request a Test for another person.

    You may be ineligible for a Test based on the information that you provide or otherwise. You will be notified if it is determined that you are not eligible for a Test.

  4. Payment.

    The PWN Services are provided at no cost to you. Additional information is provided on the Test Provider’s website.

  5. Test Request Evaluation.

    PWNHealth affiliated independent physicians evaluate Test requests and determine whether testing is appropriate for you. All PWNHealth Services provided by physicians shall be provided through PWN Remote Care Services or its affiliated professional entities. You will be notified of whether or not your Test request has been approved and ordered. If you have any clinical questions in connection with your Test Request or at any time prior to receiving your results, please email covid19@pwnhealth.com and you will be connected or directed to a member of the PWNHealth clinical team.

  6. Results Outreach.

    If you receive an abnormal result on a Test, 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. PWNHealth’s Care Coordination Team may leave you a voicemail but will not include your test results in any voicemail message. You also understand that if you are not able to be reached, PWNHealth's Care Coordination Team may mail a follow-up letter to the residential address you provided when you purchased my test (the letter will not include your test results). If you receive an abnormal result and have not connected with PWNHealth’s Care Coordination Team, you understand that you should not delay following up with my personal physician.

    PWNHealth may contact you after via phone, email or messaging to follow up with you on your symptoms and customer satisfaction.

  7. Consults.

    As part of the PWNHealth Services, you are eligible to receive a post-test telehealth consultation (a “Consult”) with a PWN affiliated board certified physician or other healthcare provider licensed in the state where you are located at no additional cost (a “PWN Healthcare Provider”). After you have received your Results, you may arrange a Consult through the PWNHealth Care Coordination Team, either through a call you may receive from the PWNHealth Care Coordination Team regarding your Results or by contacting the PWNHealth Care Coordination Team at the “Contact Us” number below. You will be asked by the PWNHealth Care Coordination Team to complete a brief intake survey to collect necessary health information prior to your Consult, including the state in which you will be located at the time of the Consult. If you have arranged for a Consult, a PWN Healthcare Provider will make up to three (3) attempts to reach you at the contact number you provided. If the PWN Healthcare Provider does not reach you after three (3) attempts, you can contact the PWNHealth Care Coordination Team at the “Contact Us” number below to arrange for additional outreach by a PWN Healthcare Provider. At this time, PWNHealth does not schedule Consults at designated times. During the Consult, you may speak with the physician by phone or video, depending on your state’s regulations.

    During your Consult, you may discuss your Test Results, get educational information, and talk about next steps. However, no treatment or prescriptions will be provided during or in connection with the Consult. You will need to follow up with your personal physician for treatment or prescriptions.

    PWNHealth may contact you after your Consult via phone, email or messaging to follow up with you on your symptoms and customer satisfaction.

  8. Privacy.

    Please review the Notice of Privacy Practices, which describes PWNHealth’s practices regarding the information that PWNHealth may collect from users of the PWNHealth Services. By using the PWNHealth 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.

  9. Limitation of Liability.

    IN NO EVENT WILL PWNHEALTH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, GENETIC COUNSELORS, 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) ANY SERVICES. THE PRECEDING DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IF PWNHEALTH 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 PWNHEALTH 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 PWNHEALTH SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

  10. Disclaimers.

    EXCEPT AS SET FORTH IN THESE TERMS, PWNHEALTH 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 PWNHEALTH 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 PWNHEALTH SERVICES.

    PWNHEALTH AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED IN CONNECTION WITH THE PWNHEALTH SERVICES.

    PWNHEALTH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY THE TEST PROVIDER, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES. PWNHEALTH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSION IN THE INFORMATION YOU PROVIDE OR THAT IS PROVIDED TO PWNHEALTH ON YOUR BEHALF.

  11. Indemnification.

    You agree to defend, indemnify and hold harmless PWNHealth, 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 PWNHealth Services in an unauthorized manner.

  12. Ownership; Intellectual Property and Proprietary Rights.

    All content, text, graphics, logos, icons and images provided by PWNHealth through or in connection with the PWNHealth Services, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of PWNHealth or our service or content providers and are protected by United States and foreign intellectual property laws. The PWNHealth Services also contain proprietary and confidential information that is protected under U.S. and foreign intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws.

    Except as expressly authorized by PWNHealth, you may not use, sell, modify, reproduce, distribute, create derivative works of or otherwise exploit any information or content made available to you on or through the PWNHealth Services, in whole or in part. PWNHealth grants you a limited, non-exclusive right to access and use the PWNHealth Services solely for personal, non-commercial purposes on the condition that you comply with these Terms. Any use of the PWNHealth Services other than as specifically authorized herein is strictly prohibited.

    Certain names, logos, brands and other materials displayed in connection with the PWNHealth Services may constitute trademarks, trade names, services marks or logos (“Trademarks”) of PWNHealth or its affiliates. You are not authorized to use any such Trademarks without the express written permission of PWNHealth or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

    PWNHealth and our service providers, and our successors and assigns, may use, copy, reproduce, modify, analyze, perform, display, distribute and otherwise disclose to third parties any data for purposes of providing PWNHealth Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of PWNHealth using such data.

    All rights not expressly granted in these Terms are reserved.

  13. 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 PWNHealth 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 PWNHealth Services; and (iii) the PWNHealth Services. You may terminate the Terms at any time by discontinuing use of the PWNHealth Services. Your permission to use the PWNHealth Services automatically terminates if you violate these Terms. PWNHealth shall not be liable if, for any reason, all or any part of the PWNHealth Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.

  14. 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, PWNHealth 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.

  15. General.

    These Terms, the PWNHealth Notice of Privacy Practices, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWNHealth with respect to access to and use of the PWNHealth Services. These Terms and your use of the PWNHealth 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 PWNHealth 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. PWNHealth 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.

  16. Contact Us.

    Should you have questions about the PWNHealth Services, including about your Test or Results, you may contact us at:

    Address: PWNHealth, LLC, 123 W 18th Street, New York, NY 10011

    Email Address: covid19@pwnhealth.com