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.
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 acknowledgment 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.
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.
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 firstname.lastname@example.org 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.bPWNHealth’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 the 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 your personal physician.
PWNHealth may contact you after via phone, email or messaging to follow up with you on your symptoms and customer satisfaction.
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.
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.
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.
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.
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: email@example.com
Last updated: April 15, 2020