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This Service Agreement (the 'Agreement') governs your use of the services of US Expert Services, and its authorized agents (collectively 'US Expert Services,' 'us' or 'we'). By engaging our services, you agree that you have read, understand and consent to this Agreement. For purposes of this Agreement and the services provided by US Expert Services, any reference to state and federal laws also includes any and all laws of any applicable territories of the United States.
You are sixteen (16) years of age or older.
We do not provide services to any person under the age of sixteen (16) years.
If you are between sixteen (16) and eighteen (18) years of age, you affirm, by engaging our services, that you are aware that many of our testing centers do not test individuals under the age of eighteen (18). In such case, you should visit your private health care provider to be tested.
You are engaging US Expert Services under your own name and will not misrepresent your identity or impersonate another person.
If you are male, you are not currently suffering from testicular pain and understand that such pain may be a sign of a serious medical problem for which you should seek prompt medical attention from a local provider.
If you are female, you are not currently suffering from pelvic pain and understand that such pain may be a sign of a serious medical problem for which you should seek prompt medical attention from a local provider.
In addition, you affirm, by engaging our services, that you have received our Safety Advisory Message and understand the following:
If you have unexplained fever, vomiting or other concerning symptoms, you should seek care right away through a local doctor. If you are pregnant, we strongly recommend that you seek care right away from a local doctor to discuss any STD concerns.
We recommend testing 1 week after finishing any antibiotics.
We recommend repeat testing in 3 months if you have any recent exposure to STDs.
US Expert Services agrees to provide the following services ('Services'):
You agree and have the legal right and ability to: (i) enter into this Agreement, (ii) use the services for your personal benefit and (iii) abide by the obligations in the Agreement.
You acknowledge and agree that you are making an informed decision to use the Services, and have been given all necessary and relevant information to make that decision. You agree that if you are only utilizing the lab testing services and result notification services offered by US Expert Services, there will be no patient-provider relationship formed between you and any US Expert Services physician. However, you agree that by engaging in a telephone consultation with a US Expert Services physician subsequent to your positive STD test results, that you are a patient of US Expert Services, and are entering into a patient-provider relationship with the healthcare provider(s) that US Expert Services assigns to you. You give permission (consent) to US Expert Services to arrange for you to be tested for one or more sexually transmitted diseases or infections (including HIV, where applicable) at a Lab. You understand that the testing may involve the collection of body fluids or tissue, including blood or urine (each a 'Sample'), in accordance with standard testing procedure, and that the Lab may require you to complete additional paperwork before testing. You understand that while the tests performed on your Samples are approved by regulatory agencies and designed to detect the presence or absence of a specific disease or infection, they are not perfect or absolute. As explained in greater detail on our websites, www.stdlabs.com(the 'Sites'), there is a statistical possibility that a test may yield a false positive or a false negative test result, which could result in an inadvertent misdiagnosis or delay in treatment.
You acknowledge and understand that the issuance of prescription of medications by US Expert Services is only permitted in certain States and that medications will only be prescribed to you if you are located in a State that permits such prescriptions. You agree that any prescriptions for medical treatment or services that you receive from a US Expert Services physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. US Expert Services makes no representations or warranties about the adequacy or accuracy of any information provided by the manufacturer, pharmacist or clinician on any prescription drug products or any treatment, therapy or application provided in response to a prescription from a US Expert Services physician.
Electronic Health Record
US Expert Services maintains an Electronic Health Record ('EHR') system and creates a record for each patient (your 'Record'). Your Record is created to store your Personal Health Information (PHI), including health conditions, allergies and medications. Information provided as part of your consultation with an US Expert Services representative may, if appropriate, be maintained in your Record and relied on by our clinicians in providing care to you. You agree to provide accurate information, review the information in your online account, and to update such information, as needed.
Public Health Reporting
US Expert Services may be required by law to disclose certain health information to federal and/or state public health agencies to report, prevent, or control disease, injury or disability. For example, certain positive test results for sexually transmitted diseases require reporting to public health agencies. You may or may not be notified of these disclosures.
Password and PIN
You may access your information on the applicable Site only through the use of a password and/or PIN selected by you. You are solely responsible for maintaining the confidentiality of your password and/or PIN, and for all activities that occur under your password and/or PIN. You agree to prohibit anyone else from using your password and/or PIN and to immediately notify US Expert Services of any unauthorized use of your password or other security concerns of which you become aware.
Payment of Fees and Cancellation Policy
Term and Termination
This Agreement shall commence on the date your Order with US Expert Services is completed. Either you or US Expert Services may terminate this Agreement and your right to use US Expert Services at any time, with or without cause. This Agreement and any licenses granted to access the EHR shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Agreement. US Expert Services shall retain your Record in the EHR for a period of time as required by law.
Limitation of Liability; Indemnity
TO THE FULL EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL US Expert Services BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF US Expert Services HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, US Expert Services'S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, FOR ALL CLAIMS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM RELATED TO THE SERVICES PERFORMED BY US Expert Services HEREUNDER, YOUR USE THEREOF, OR YOUR VISIT TO A LAB), WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US Expert Services DURING THE ANNUAL PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. To the extent permitted by law, you agree to release, indemnify and hold US Expert Services, its owners, medical advisors, officers, directors, affiliates, employees, and agents harmless from all liabilities, claims, expenses arising from injury or personal damage that occurs while you are at the Lab, your use of the Site, your choice of payment method, or your receipt of notices or information at your contact address.
You agree that this Agreement is governed by the laws of the State of US Expert Services, without regard to choice of law rules. Any dispute arising out of or relating to this Agreement, including the determination of the scope or applicability of this clause, shall be settled by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be heard by a single arbitrator, and shall be conducted in US Expert Services. Each party shall bear his, her, or its own costs relating to such arbitration, and the parties shall equally share the arbitrator's fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. If this arbitration provision is deemed invalid, the parties agree that the court of proper and exclusive jurisdiction to resolve any action arising out of this agreement shall be a state or federal court located in US Expert Services. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ANY RIGHT HE, SHE, OR IT MAY HAVE TO PARTICIPATE IN ANY CLASS ACTIONS OR CLASS ARBITRATIONS.
US Expert Services will generally communicate with you using the email address or telephone number you provided to US Expert Services. In some circumstances, we may communicate with you using the mailing address you provided to US Expert Services. You may contact US Expert Services on all matters relating to your order or services provided by us using the following resources:
US Expert Services
Compliance/Ethics Hotline: 1-888-510-3132
This Agreement shall constitute the entire Agreement between you and US Expert Services with respect to the subject matter hereof. If any provision of this Agreement is, for any reason, deemed unenforceable or in violation of law, such unenforceability or violation will not affect the remaining provisions of this Agreement, which will continue in full force and effect and be binding upon the parties hereto.