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Terms of Conditions
Acceptance of Terms and Conditions
By purchasing or using any products offered by Confirm BioSciences, Inc. and HealthConfirm (collectively “HealthConfirm.us, “MyHealthConfirm.com” or “We”) on the website (the “Website”) or by accessing, browsing and using the Website you agree to be subject to the following terms and conditions (“Terms and Conditions”). We reserve the right to update or modify these Terms & Conditions or to update or modify the Website without prior notice. If you do not wish to be bound by any of these Terms and Conditions, you may not use the Website or the services. If you do not agree to these Terms & Conditions, please do not use this website.
Preliminary Screening Purposes Only
All testing products offered on HealthConfirm are solely for preliminary screening purposes, and are provided for the purpose of initial screening of health and/or other diagnostics. Although we stand by our products and strive to offer products with the highest level of reliability, the testing products and services offered by HealthConfirm are not meant to substitute professional testing. The test kits offered by HealthConfirm are not intended to replace professional health, legal, regulatatory, veterinary or environmental services. HealthConfirm shall have no duty to (a) provide any medical advice or warnings to the person who provides the sample or specimen, (b) maintain a chain of custody for the sample or test results, (c) retain samples, (d) testify in court, or (f) respond to questions from persons who have provided a sample or specimen. If HealthConfirm or the laboratory used by HealthConfirm, if any, or any of their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors or permitted assigns is compelled to testify or provide records by subpoena, court order or government order, then you agree to promptly pay the fully burdened hourly rate for the person testifying plus the hourly rate for HealthConfirm’s attorney who accompanies the person testifying or providing records.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY CONFIRM BIOSCIENCES,INC. and HealthConfirm (collectively “HEALTHCONFIRM.US”, “MYHEALTHCONFIRM.COM”) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEALTHCONFIRM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY HEALTHCONFIRM WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER'S OPTION, REFUND OF THE PURCHASE PRICE. SELLER SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY HEALTHCONFIRM.
ASSUMPTION OF THE RISK, WAIVER AND RELEASE OF LIABILITY
YOU ARE ACCESSING, USING OR BROWSING THE WEBSITE AT YOUR OWN RISK. YOUR USE OF PRODUCTS PURCHASED FROM THE WEBSITE ARE UNDER YOUR SOLE CONTROL. YOU HEREBY ASSUME ALL RISKS AND RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST HEALTHCONFIRM AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, AFFILIATES, SUCCESSORS AND ASSIGNS FOR (A) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOU ACCESSING, USING OR BROWSING THIS WEBSITE OR DOWNLOADING ANY MATERIALS OR CONTENT CONTAINED IN THIS WEBSITE, (B) ANY INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY ACCESS LINE OR SYSTEM FAILURE, OR (C) DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE OR PURCHASE OR USE OF PRODUCTS FROM THIS WEBSITE. WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF HEALTHCONFIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HEALTHCONFIRM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO USE OF THE WEBSITE, USE OR PURCHASE OF HEALTHCONFIRM PRODUCTS AND SERVICES, AND/OR YOUR BREACH OF ANY PROVISION OF THESE TERMS & CONDITIONS.
Arbitration.
Any and all controversies, claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in the County of San Diego, State of California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney admitted to practice law in the State of California with at least fifteen (15) years of business law experience. The award rendered by the arbitrator shall be final and non-appealable and may be entered as a final judgment in any court having jurisdiction thereof. The award of the arbitrator shall be in the form of findings of fact and conclusions of law and shall set forth in detail the legal and factual basis of the decision. EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT BY ENTERING INTO THIS AGREEMENT WITH THE FOREGOING ARBITRATION PROVISION THAT THEY ARE GIVING UP THEIR RIGHT TO TRIAL BY JUDGE AND JURY AND GIVING UP THEIR RIGHT TO APPEAL.
User Accounts
When you register on the Website, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by HealthConfirm (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Website will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. HealthConfirm reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information. In no event and under no circumstances shall HealthConfirm be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
The services and products we offer are not available for use by children, under the age of 18. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions.
User Access Rights
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the services solely for your personal non-commercial use and only as permitted under these Terms and Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Website or services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (b) use the Website or services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website or services; (d) distribute viruses or other harmful computer code through the Website or (e) otherwise use the services or Website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with employees and agents of HealthConfirm through the Website. We strongly recommend that you do not use the services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
Ownership of Content
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 the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website except as generally and ordinarily permitted through the Website according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Trademarks
Certain of the names, logos, and other materials displayed on the Website or in the services may constitute trademarks, trade names, service marks or logos ("Marks") of HealthConfirm or other entities. You are not authorized to use any such Marks without the express written permission of HealthConfirm. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Termination
You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@healthconfirm.us. HealthConfirm may suspend or terminate your use of the Website, your Account and/or registration for any reason at any time. Subject to applicable law, HealthConfirm reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After such termination, HealthConfirm will have no further obligation to provide the services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify
We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the Website and/or services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes.
Geographical Restrictions
HealthConfirm makes no representation that all products, services and/or material described on the Website, or the services available through the Website, are appropriate or available for use in locations outside the United States or all territories within the United States.
Availability of Products
HealthConfirm makes no claim or guarantee as to the availability of any specific product. Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).
Assignability
You may not assign or delegate your rights or responsibilities under these Terms and Conditions without the express prior written consent of HealthConfirm.
Miscellaneous
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however that recipients of HealthConfirm products or services shall become subject to these Terms and Conditions.
HealthConfirm has the right to merge accounts that use the same company information or close accounts that have been inactive for a period of 60 days.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
These Terms and Conditions shall be governed by and interpreted pursuant to the laws of the State of California without reference to principles of conflicts of laws.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, HealthConfirm has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Confirm BioSciences, Inc., 10123 Carroll Canyon Rd. San Diego, CA 92131.
Test kit agreement
- Sale of Test Kits
- Pricing
- Delivery
- Payment
- Analysis
- Additional Services
- DISCLAIMER OF WARRANTIES
- Limitation of Liability
- General
- Arbitration
Subject to the terms set forth in this Test Kit Agreement (“Agreement”) Company hereby agrees to sell and the undersigned purchaser (“Purchaser”) agrees to buy a test kit (“Kit”) from Company whereby the Company shall ship the Kit to the Purchaser who will send a sample to the Company’s designated laboratory (“Laboratory”) who will perform a preliminary screening and transmit the results to the Company who will notify the Purchaser of the results so that the Purchaser can determine whether more extensive testing is appropriate. The terms and conditions set forth in this Agreement shall govern all purchases of all Kits by Purchaser from Company and shall be deemed to be incorporated in all invoices, purchase orders, price quotations and shipping confirmations. Nothing contained in any purchase order, memoranda or other writing submitted by Purchaser to Company shall modify, amend or supersede this Agreement or any portion thereof. Purchaser’s submission of any provisions that are inconsistent, in conflict with or create any ambiguity with this Agreement or any portion thereof are rejected. Company’s failure to object to any different terms or conditions shall not constitute acceptance or approval by Company.
Company shall sell the Kit to Purchaser at the prices set forth on the Company’s website The cost for the Kit includes the cost of (a) shipping the Kit from the Company to Purchaser, (b) performing a preliminary screening as specified in the description of the test on the Company’s website, and reporting the results to Purchaser. Purchaser shall be responsible for the cost of sending the sample from the Purchaser to the Laboratory.
Delivery of a Kit shall take place when the Kit is received by the Purchaser (“Delivery”). All risk of loss for a Kit shall transfer to Purchaser upon Delivery. Purchaser shall bear all risk of loss while the Kit is in the possession Purchaser until the sample arrives at the Laboratory for testing. Company shall not be liable for any delays in Delivery or testing for any reason including, but not limited to, fire, flood, strikes, lockouts, accidents, war, terrorist acts, insurrection, delays in transportation, equipment failure, shortage of materials, governmental interference or regulation, Acts of God or any other reason. All claims for defective goods shall be made within ten (10) calendar days of Delivery. Failure to make a claim within that time shall operate as unequivocal acceptance and waiver of all claims.
Purchaser shall pay Company for the Kit in full at the time the order is placed. Purchaser shall pay all sales, use and excise taxes.
Purchaser shall send the sample to the designated Laboratory. The test results shall be provided by the Laboratory to the Company and the Company will provide the test results to Purchaser. The Laboratory shall have no duty to test the sample or provide the results to the Company until the Purchaser has signed the HIPAA Privacy Authorization Form set forth in Exhibit “A” (“Authorization”) and delivers the Authorization to the Company. The Company and the Laboratory shall have no duty to (a) provide any medical advice or warnings to the Purchaser, (b) maintain a chain of custody for the sample or test results, (c) retain samples, or (d) testify in court. Purchaser acknowledges and agrees that the samples and preliminary screening results are not intended to be admissible in court. The Company and the Laboratory shall have no liability and Purchaser waives all claims it may have against Company and Laboratory and their respective shareholders, officers, directors, agents, employees, successors, and assigns for any inaccurate results because, among other things, the testing is only done for preliminary screening purposes so that Purchaser can determine whether more extensive additional testing is appropriate. The Purchaser acknowledges and agrees that Purchaser understands that the results of any preliminary screening or test may depend on the time period during which the sample was collected. Therefore, if Purchaser believes the results are different than what Purchaser expected, Purchaser has the right to have additional preliminary screenings or testing performed by a third party.
If Company or any of its officers, directors, shareholders, employees, agents, representatives, contactors, Laboratories, successors or permitted assigns is compelled to testify or provide records by subpoena, court order or government order, then Purchaser shall promptly pay Company the fully burdened hourly rate for the person testifying plus the hourly rate for the Company’s attorney who accompanies the person testifying or providing records.
COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PRELIMINARY SCREENING OR TEST RESULTS. COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE GOODS AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY.
Company and Laboratory shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with this Agreement, the sale of a Kit to Purchaser or testing, including damages for loss of use, lost profits, or damages paid to third parties even if Company and Laboratory have been advised of the possibility of such damages. Purchaser’s exclusive remedy and Company’s and Laboratory’s entire liability to Purchaser shall be limited to the total invoice price paid by Purchaser for the Kit that is the subject of any dispute or claim for damages. Purchaser shall report all alleged problems with a Kit to Company and Laboratory immediately. Company and Laboratory shall have no liability for any problems which are not reported immediately. No legal action shall be brought by Purchaser against the Company or Laboratory for any claim with respect to any goods and services sold by Company to Purchaser more than one (1) year after Delivery of such goods or services to Purchaser. It is agreed that any cause of action with respect to such goods or services will accrue as the date of Delivery of the Kit.
This Agreement and the documents expressly referenced herein, shall constitute the entire Agreement between the Parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations and negotiations of the Parties concerning the subject matter hereof and the terms applicable thereto. This Agreement may not be supplemented, modified or amended in any manner, except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. All terms and provisions contained herein shall inure to the benefit of and shall be binding on each of the Parties hereto and their respective successors and permitted assigns and each of them. This Agreement shall be deemed to have been entered into, and shall be construed and interpreted, in accordance with the laws of the State of California without reference to California’s application of principles of conflicts of law. In the event that any provisions hereof are deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force. As used in this Agreement, the masculine, feminine and neuter gender, and singular and plural number shall be deemed to include the other and others whenever the context so indicates. All captions used in this Agreement are for convenience only and shall not be construed in interpreting this Agreement. Time is of the essence for this Agreement and all of the terms, provisions, covenants and conditions hereof. This Agreement may not be assigned by either Party without the express written consent of each of the Parties.
Any and all controversies, claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in the County of San Diego, State of California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney admitted to practice law in the State of California with at least fifteen (15) years of business law experience. The award rendered by the arbitrator shall be final and non-appealable and may be entered as a final judgment in any court having jurisdiction thereof. The award of the arbitrator shall be in the form of findings of fact and conclusions of law and shall set forth in detail the legal and factual basis of the decision. EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT BY ENTERING INTO THIS AGREEMENT WITH THE FOREGOING ARBITRATION PROVISION THAT THEY ARE GIVING UP THEIR RIGHT TO TRIAL BY JUDGE AND JURY AND GIVING UP THEIR RIGHT TO APPEAL.
HIPAA Privacy Authorization Form
- I hereby authorize and direct the laboratory for Confirm Biosciences, Inc. to disclose to Confirm Biosciences, Inc. the results of the tests on the sample that I submit to the laboratory.
- This authorization for release of information covers all past, present and future periods.
- I hereby authorize Confirm Biosciences, Inc. and its laboratory to release any health records it may have regarding me to my representatives and their subsequent disclosure to others who may evaluate the results.
- The medical information including, but not limited to, the results of the test on the sample that I submit may be used by Confirm Biosciences, Inc. and its laboratory for reporting purposes.
- This authorization shall be in force and effect for a period of five (5) years from the date of my signature below at which time this authorization shall expire.
- I understand that I have the right to revoke this authorization at any time. I understand that if I revoke this authorization, I must do so in writing and deliver it to Confirm Biosciences, Inc. I understand that a revocation is not effective to the extent that any person or entity has already acted in reliance on my authorization or if the authorization was obtained as a condition of obtaining insurance coverage and the insurer has the right to contest a claim.
- I understand that health care treatment, payment or enrollment in a health plan will not be conditioned on whether I sign this authorization. However, Confirm Biosciences, Inc. and its laboratory will not perform any testing on my sample or send the results to me unless this authorization is signed by me.
- I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may not be protected by federal or state law.