Updated: June 27, 2016

Terms of Use Agreement

By accessing the GetTested.com website (the “Website”), including through a mobile application, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register for an account on GetTested.com or make a purchase on GetTested.com. If you wish to visit the Website, register for an account, purchase a product on GetTested.com, or make use of any diagnostic testing services offered (the “Service”), please read this Agreement.

Each time you visit our Website, you are deemed to have accepted this Agreement and our Privacy Policy in the form they are published on the Site at that particular time. If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, do not use the Website or the Service.

Please review this Agreement carefully, including the Arbitration provision in Section R, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement.

A. Eligibility

You must be eighteen years old or older to register for an account, use the Website, or purchase or use the Service. By using the Website or Service, you warrant that you have the right and authority to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Website and Service are intended for use in the United States only. You agree to use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You agree that you are responsible for determining whether the use of the Service is legal in your jurisdiction.

B. Diagnostic Testing Services

Part of the Services offered by GetTested.com include laboratory diagnostic testing services, which may include but is not limited to the analysis of urine, swab and blood samples. You acknowledge and agree that the Services are provided “AS-IS”. You acknowledge and agree that the form and nature of the Services which GetTested.com provides may change from time to time without prior notice to you. You acknowledge and agree that GetTested.com may stop (permanently or temporarily) providing some Services (or any features within the Services) to you at GetTested.com’s sole discretion, without prior notice to you. You may stop using the Services at any time. GetTested.com assumes no responsibility for the use of Services outside the terms of this Agreement.

C. Diagnosis, Medical Treatment and Medical Information

Please note the information contained on the Website is for general guidance and for informational purposes only. You understand that information you learn from the Service is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Service is intended for informational, and educational purposes only. Neither the Website nor Service constitute medical advice, and are not intended to substitute or replace medical advice, diagnosis or treatment, which should be provided by a qualified and registered healthcare or medical professional. You agree to always seek the advice of a qualified and registered healthcare or medical professional with any questions you may have regarding a medical condition. You understand and agree that you should never disregard professional medical advice or delay seeking professional medical advice because of the use of the Service, or because of something you have read on this Website.

You agree and understand that GetTested.com does not provide medical advice, diagnosis or treatment. Further, you understand that GetTested.com is not licensed in any state as a physician or a clinical laboratory, but has established relationships with licensed physicians and clinical laboratories to bring you the Service.

If you need medical advice, you should contact such a healthcare professional. If you think you may have a medical emergency, do not contact us. Instead, call your doctor or 911 immediately. GetTested.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. You agree that reliance on any information provided by the Website or Service, GetTested.com employees, others invited to post on this Website, or other visitors to this Website is done solely at your own risk.

The site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website. This Website and the content contained on the Website are provided on an “as is” basis.

D. Electronic Communication and Authorization to Receive Results

When you use the Website and/or Service, or send e-mails to us, you are communicating with us electronically. You give consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or through our Service. You agree that all agreements, notices, disclosures, laboratory results notifications and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

When you use our Website and/or Service, you understand that you are authorizing and requesting that your laboratory results be sent to you directly and electronically. You authorize GetTested.com to communicate with you via e-mail with details about my order and test results. If there is an issue that cannot be resolved via-email, you authorize GetTested.com and GetTested.com-affiliated physician representatives to contact you via telephone at the phone number that you have provided. I understand that your test results will be posted to your account on the Website when your results are ready to view. You will receive an email notification when your results are ready and be prompted to login to a secure portal to view your results. If you receive a non-negative or positive result, you understand that it is you responsibility to see a licensed healthcare professional immediately for treatment and/or retesting. A single laboratory test or group of tests cannot guarantee good health. False positive and false negative test results are possible. You understand that laboratory test results can sometimes be inaccurate through no fault of GetTested.com.

E. Account Security

Your account on our Website is for your personal use only. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You acknowledge that GetTested.com is not responsible for third party access to your account that results from theft or misappropriation of your username or password. If you allow third parties to access the Website through your username and password, you will defend and indemnify GetTested.com and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify GetTested.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GetTested.com will not be liable for any loss or damage arising from your failure to comply with this Section.

F. Proprietary Rights

GetTested.com owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of GetTested.com, and its licensors. You are authorised to view the information on this Website for your own personal and non-commercial use only. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

G. User Representation

When you access the Website and/or use the Service, you agree, acknowledge and represent as follows:

  1. You are over 18 years of age,
  2. You are a resident in the Unites States of America and you are accessing the Website from an IP address in the United States of America,
  3. You are using the Website in your own name and not on behalf of anyone else;
  4. When you register for an account, the information you provide are true, accurate and complete and that you will tell us promptly of any changes to these details;
  5. You will not allow any other person to use the Website under your name, nor will you in using the Website, pretend you are someone else, or seek to disguise your identity;
  6. You are only using the Website and the Service for your own benefit and not for the purposes of providing Services to others;
  7. You give GetTested.com, its contractors, successors and assignees permission to perform diagnostic testing services on the specimens extracted from swab, urine or blood samples;
  8. Any sample you provide is your swab collection, urine collection or blood collection; if you are agreeing to this Agreement on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person;
  9. You are not an insurance company or an employer attempting to obtain information about an insured person or an employee;
  10. You take full responsibility for all possible consequences resulting from the test results;
  11. You agree not to use meta tags or any other hidden text using our trademarks or domain name without our written consent. You also agree not to link or attempt to link the Website with other websites or Services or use meta tags or other devices containing any reference to us in order to direct a person to any other Website or Services;
  12. You agree not to use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
  13. You agree not to provide content that contain any viruses, or which is confidential to others or which infringes the Intellectual Property Rights of any other person;
  14. You agree to use the Website and the Service for lawful purposes only; and
  15. You agree not to use the Website and the Service:
    1. in any way that is unlawful or fraudulent, or that breaches any applicable local, national or international law or regulation;
    2. for the purpose of harming or attempting to harm minors in any way;
    3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
    4. to knowingly transmit any data, send or upload any material that contains Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

H. Risk Assumption and Disclaimers

Using Content on the Website

  1. Content on the Website is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of satisfactory quality, merchantability, and fitness for a particular purpose. Nor is any warranty provided that the Content or any of it is non-infringing of the intellectual property rights of any third party.
  2. GetTested.com does not make any warranties or representations as to the accuracy or completeness of the content on the Website, or that the content is up to date.
  3. GetTested.com may add to, change, improve or update the content on the Website without notice, and may modify the Service at any time.
  4. Under no circumstances shall GetTested.com be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of the Website, or the content on the Website including, without limitation, any fault, error, omission, from the content or interruption or delay or non availability of the Website or the Service. The use of the Website and the Service is at the user’s sole risk.
  5. Under no circumstances, including but not limited to negligence, shall GetTested.com be liable for any direct, indirect, incidental, special or consequential damages, even if we have been advised of the possibility of such damages, incurred by you or by any user in connection with the Website or in connection with the use, inability to use or results of use of the Website, any websites linked to it and any materials posted on it, including without limitation any liability for: loss of data, loss of reputation, loss of income, and/or loss incurred by any third parties.
  6. Each user specifically acknowledges and agrees that we are not liable for any conduct of any other user of the Website.
  7. GetTested.com shall not be in breach of any provision of this Agreement, caused by your failure to observe any of your obligations or undertakings contained within the Agreement.
  8. The provisions of this clause in their entirety shall survive the expiry or termination of this Agreement.
  9. Whilst we endeavour to ensure the Website is accessible at all times during a normal working day, we accept no responsibility for the Website being inaccessible or unavailable at any time.

Using the Home Testing Service

  1. You understand that any mail-in kits that you purchase are intended for and will only be used for your personal use. You understand that ‘at-home’ collection is considered ‘off-label use’.
  2. Once you obtain your laboratory results, the knowledge is irrevocable. You should not assume that any information provided to you will be welcomed or positive. You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life. You may discover things about yourself that trouble you and that you may not have the ability to control or change.
  3. You understand that the GetTested.com test kit is a proprietary test kit that has not yet been approved for use by the FDA. Some methods used by our laboratory have not been clinically validated, and the technology used, which is the same technology used by the research community, to date has not been widely used for clinical testing. By submitting your sample to us, you are agreeing to take part in the validation phase of the testing process. You understand that test results obtained and reported to you are considered informational and should not be considered a diagnosis.
  4. You understand that test results are not intended to provide a medical diagnosis of infectious disease. Results from the Service and the GetTested.com test kit are strictly for screening purposes and are considered informative only. You agree that your use of our Service and the test results are not considered a medical treatment or a substitute for treatment by your doctor or a licensed healthcare provider.
  5. You understand and accept the risk that there is always chance for error to occur in high-complexity laboratory testing. Testing errors yielding “False Positive” results suggest the presence of disease indicators when the patient is actually negative. Testing errors yielding “False Negative” results can have two possible meanings: a) That the client is in fact positive for the infection, however, if tested early the body has not had time to produce detectable levels of disease indicators, or b) The body has produced appropriate levels of disease indicators but testing has failed to detect them. Testing errors may also come from specimen loss, specimen deterioration or contamination, or unforeseen technical issues.
  6. You agree that you are responsible for packaging and shipping samples according to the provided instructions. Failure to follow these instructions may result in reduced sample yield, inability to process samples and perform testing, or outright rejection of samples provided.
  7. You understand that you should not make decisions solely on the basis of information from GetTested.com. Make sure to discuss your test results with a physician or a licensed healthcare provider before you act upon the information resulting from our Service. You further understand that testing information that you choose to share with your physician or healthcare provider may become part of your medical record and through that route be accessible to other healthcare providers and/or insurance companies in the future, therefore no longer being kept private.
  8. You understand that since GetTested.com does not, at any time, control any of the user specimen samples via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-GetTested.com services. You agree that under no circumstances will GetTested.com be liable in any way for any non-GetTested.com services, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via such services.
  9. You understand and agree that we do not warrant that product descriptions or other content of our Service is accurate, complete, reliable, current, or error-free.

I. User Contributions

Visitors may post reviews, comments, photos, and other content on the Website and and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin content. You may however post content using your username and not your real name, in order to protect your privacy. GetTested.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you post content or submit material on our Website, provide a product review or testimonial, and unless you or we indicate otherwise, you grant GetTested.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GetTested.com and sublicensees the right to use the name or username that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GetTested.com for all claims resulting from content you supply. GetTested.com has the right but not the obligation to monitor and edit or remove any activity or content. GetTested.com takes no responsibility and assumes no liability for any content posted by you or any third party.

J. Disclosure of Information and Results

GetTested.com and our partners complies with HIPAA confidentiality laws. Your personal information will be kept confidential in compliance with all applicable laws. Any information entered on our Website will be kept solely for transactions and the ability to login to check results. GetTested.com cannot control any distribution of your test results that you share from the Website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that GetTested.com has no obligation to do so on your behalf.

K. Submitted Sample

Your specimen sample (urine, blood or swab), once submitted, is processed in an irreversible manner and cannot be returned to you.

L. Risk of Loss

All items purchased from GetTested.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items is passed to you upon our delivery to the carrier.

M. Purchases, Returns and Refunds

Orders for GetTested.com collection kits can be cancelled for a full refund only prior to the shipment of the kit which usually occurs within 24 hours or less from the time of order. Once shipped, kits cannot be refunded or returned. For the health and safety of all of our customers, GetTested.com does not accept, or reuse, returned kits.

If you are purchasing a gift card as a gift for someone else, please understand that all gift card purchases are non-refundable.

The laboratory may not be able to process your sample if the urine, swab or blood collection was not administered correctly, or the results from processing do not meet our standards for accuracy. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be uninterpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, you understand and agree that you are not entitled to refunds where such Errors occur. If the initial processing fails because the laboratory is unable to process your sample, or the laboratory process results in Errors, GetTested.com will determine whether to send another collection kit to the user to collect a second sample. GetTested.com reserves the right to charge for the cost of the second collection kit, shipping and handling. If GetTested.com opts to send a second collection kit and attempts to process the second sample are unsuccessful, GetTested.com will not send additional sample collection kits and no refunds will be issued.

You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through the Website to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as US$60. You agree that you will pay any outstanding balance you have with GetTested.com within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.

N. Restrictions on Resale of Service

You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

O. Modification of Service

GetTested.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the GetTested.com features or services, and GetTested.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

P. User Violations and Our Rights

Failure by you to comply with the terms of this Agreement constitutes a material breach and may result in us taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use the Website;
  2. Issue of a warning to you;
  3. Initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
  4. Take further legal action against you.

If you violate the terms of this Agreement and/or GetTested.com has reasonable grounds to suspect that you have violated the terms of this Agreement, GetTested.com has the right to terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Q. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETTESTED.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GETTESTED.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETTESTED.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GETTESTED.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING GETTESTED.COM WEBSITE AND SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GETTESTED.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GETTESTED.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU, OR, IF YOU HAVE NOT PAID GETTESTED.COM FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GETTESTED.COM SERVICE IS AT YOUR SOLE RISK.

R. Arbitration

You and GetTested.com agree that any disputes arising out of or related to the Website, the Service, this Agreement and/or any policies or practices of GetTested.com (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION administered by the American Arbitration Association. The only exceptions to this agreement to arbitrate Disputes are matters that may be taken to small-claims court or claims of infringement or misappropriation of GetTested.com’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which GetTested.com may elect to have resolved by means other than arbitration. Notwithstanding the above, GetTested.com is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us by mail at GetTested.com, Attn: Dispute Manager, 6871 S. Eastern Ave. Suite A Las Vegas NV, 89119 before resorting to arbitration. YOU AND GETTESTED.COM AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

YOU AND GETTESTED.COM ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor GetTested.com agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with GetTested.com, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. You can find further details about the arbitration procedure by clicking here.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GetTested.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Clark County, Nevada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between you and GetTested.com, shall be governed by the laws of the state of Nevada without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

If you access the Website or use the Service from outside the United States, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Service. Regardless of whether you access the Website or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.

S. Indemnity

You agree to defend, indemnify, and hold harmless GetTested.com, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Website, the Services or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, children, or family. GetTested.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the GetTested.com in connection therewith.

T. Links

GetTested.com may offer, promote, sell or provide services or products offered by other parties via our Website, or via electronic mail or other electronic communication. We are not responsible for evaluating or examining such offerings, and we do not warrant these offerings. The Website may also contain, and the Service may provide, links to sites that are not maintained by GetTested.com. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the GetTested shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

U. Export Controls

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that providing your sample is not subject to any export ban or restriction in the State in which you reside, that your sample and data may be transferred and/or processed outside the State in which you reside, and that you will comply with all applicable laws regarding the transmission of technical data exported from the State or from which you access the GetTested.com Service online.

V. Amendment of Terms

This Agreement may be modified by GetTested.com in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute your acceptance of such revisions.

W. Release of Health Information

GetTested.com has a relationship with PWN Services, LLC (“PWN”) which has contracted independently with physicians licensed in every state in the United States. PWN-affiliated physicians authorize lab requisitions for all GetTested.com customers.

I hereby authorize PWNHealth, LLC (with its affiliates, “Company”), including its physicians, their staff, agents and designees, and the laboratories that perform services requested by or consented to be me (“Company Parties”) to use and disclose health information about me in the manner and for the purposes stated below.

This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted.

For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals, organizations and their representatives: (a) GetTested.com and its affiliates, their staff and agents; (b) Company and its affiliates, and their staff and agents; (c) the designated Company physician of record and its staff, agents and designees; (d) the applicable laboratory of record and its staff and agents; and (e) certain providers for the purposes herein, and as required or permitted by law.

The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) to facilitate and execute the services requested me or performed with my consent (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s)); (b) for treatment, health care operations and payment services; (c) to provide me with information and materials on treatment alternatives, health related offerings and services and products which may assist me with health, wellness and overall care or be of interest to me; and (d) to conduct statistical research studies, and as required or permitted under state and federal laws. Remuneration may be received in exchange therefor. I may opt to not have my personal information disclosed for some purposes above with prior written notice to the Company as set forth below. I understand that such opt-out may affect the services I have voluntarily elected.

This authorization evidences my informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.

Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, if permitted by law. Company Parties may receive payment or other remuneration related to the use and disclosures herein.

I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. My written revocation must be submitted to PWN’s General Counsel at:

PWNHealth, LLC
c/o Rotella Legal Group, P.A.
Attn: Bryan Rotella, General Counsel
100 South Ashley Drive, Suite 375
Tampa, FL 33602

By signing or acknowledging this authorization electronically, I agree to its terms and representations.