C​​OVID-19 Terms of Service

Welcome and thank you for your interest in White Label Covid Labs, LLC. (hereinafter referred to as “WLCL,” “we,” or “us”). The terms of service on this page (the “Covid-19 Terms of Service”) govern WLCL’s and its subcontractors’ performance of certain services (collectively, the “Service(s)”) and provision of certain products, which may include, without limitation:Molecular diagnostic testing to detect the presence of SARS-CoV-2 in biological specimens to assist in the diagnosis of coronavirus disease (COVID-19) (a “Covid-19 Molecular Test” or the “Covid-19 Molecular Tests”); Use of or access to the WLCL website (“Site”), including without limitation for Covid-19 testing platform services (for example, acceptance or viewing of Covid-19 test result reports (“Results”). Depending on the Service(s) you have selected, additional terms and conditions may apply. Your use of our Services and/or products is subject to your agreement to WLCL’s Privacy Policy (the “Privacy Policy”). Please note that unless expressly stated otherwise herein, these Covid-19 Terms of Service only apply to those Services that are performed by WLCL; they do not apply to products and services provided by other individuals or entities in connection with the Covid-19 Molecular Test, Services, which may include: Covid-19 Molecular Test kit component and testing performed by other laboratories or third parties, such as pooled, molecular, or antigen testing not performed by WLCL; and healthcare professionals, clinical laboratories, relevant public health authorities, and other governmental functions. You should refer to the applicable policies and terms and conditions from such other third parties for their terms of service.PLEASE READ THE FOLLOWING COVID-19 TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE(S), USING WLCL’S COVID-19 PRODUCTS, OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE OR SUBJECT PRODUCTS.1. EligibilityYou must be at least thirteen (13) years of age to access the Site. In general, you must be at least eighteen (18) years of age to submit a specimen and use the Service. Certain Covid-19 tests however, may be performed for individuals under eighteen (18) years of age or the applicable age of majority in their state of residence (“Minor(s)”) only if (a) the Minor’s parent or legal guardian provides consent for such Covid-19 test, or (b) under applicable law or regulation, the Minor may provide consent for themselves. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) if you provide a biological specimen for Covid-19 testing, you are either (1) at least eighteen (18) years of age, or (2) if you are a Minor, (x) your parent or legal guardian has provided consent for such Covid-19 test, or (y) under applicable law or regulation, you may provide, and have actually provided, consent for yourself, and; (iii) your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to WLCL’s Privacy Policy and these Covid-19 Terms of Service, and any other applicable Service Terms.2. Covid-19 Test ServicesA) Ordering the Covid-19 Test; Medical AdviceWLCL recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about COVID-19. WLCL’s Covid-19 Molecular Tests can only be ordered by an authorized healthcare provider. In addition, Covid-19 Molecular Testing will only be performed if all required information and a biological specimen meeting the performing lab’s acceptance criteria has been received. You understand and agree that the WLCL Covid-19 Molecular Test can tell you whether or not SARS-CoV-2 is detected in the specimen you submitted; however, it will not definitively tell you if you are or are not infected with COVID-19. Covid-19 test Results are intended for use by a healthcare provider who can review your symptoms (if any) along with your Results in deciding how to care for you. You should not make medical decisions without consulting a healthcare provider. WLCL’s Covid-19 testing Services do not include medical services, diagnosis, treatment, or advice. Nothing contained in the Results or made available through the Covid-19 testing Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between WLCL and you. The information provided by a Covid-19 test or through the Site or the Services is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management. B) Healthcare Providers Acting on Behalf of Their PatientsHealthcare providers ordering a Covid-19 test or obtaining a patient specimen and providing it to WLCL on their patient’s behalf will be required to create a WLCL Provider account to associate patient orders and specimens with their order, manage testing, and view Results. WLCL Provider account users must agree to accept responsibility for all activities that occur under their WLCL Provider account and are responsible for providing accurate and up-to-date information.  If you are a healthcare provider obtaining a patient specimen or submitting an order for your patient, you represent and warrant that: (i) you are authorized in your jurisdiction to order the Covid-19 test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Covid-19 test(s) and Service; (iii) you have confirmed that your patient has provided informed consent; (iv) any patient Results that you access, view, or receive through your WLCL Provider account are patients for whom you have ordered a Covid-19 test; and (v) you will notify WLCL of any changes in your information or your patient’s information.  (C) ABOUT COVID-19 TESTING(i) Processing Laboratory: Your biological specimen and PII (as that term is defined below) may be transferred to WLCL’s laboratory in Texas, USA, for processing. In certain circumstances, WLCL may be acting as a software interface, and your biological specimen and PII may be transferred to a third-party laboratory that will be the processing laboratory performing the entire test. In this event, the receiving laboratory shall be identified in your Covid-19 test report and performance of your test will be subject to additional terms of that processing laboratory.(ii) Emergency Use Authorization: Certain versions of the Covid-19 Molecular Test, as indicated on the applicable Test Request Form, have been authorized by the Food and Drug Administration (FDA) under an Emergency Use Authorization (EUA), but are not FDA cleared or approved. The Covid-19 Molecular Test has been validated in accordance with the FDA’s Guidance Document (Policy for Diagnostic Tests for Coronavirus Disease-2019 during the Public Health Emergency Immediately in Effect Guidance for Clinical Laboratories, Commercial Manufacturers, and Food and Drug Administration Staff Document) issued on March 16, 2020. Such versions of the Covid-19 Molecular Test are only authorized by FDA for the duration of the EUA, unless the authorization is terminated or revoked sooner. Other versions of the Covid-19 Molecular Test may be developed and offered as a laboratory developed test, validated under the Clinical Laboratory Improvement Amendments (“CLIA”), pursuant to applicable FDA regulations and guidances.(iii) Molecular Testing: If you have received a Covid-19 test that is a molecular diagnostic test, you will receive one of the following potential Covid-19 test results: “Positive” indicates that SARS-CoV-2 (the virus that causes COVID-19) was detected in the submitted sample. It does not rule out bacterial infection or co-infection with other viruses. “Negative” indicates that the SARS-CoV-2 virus was not detected in the submitted sample. A Negative result does not preclude SARS-CoV-2 infection and should not be used as the sole basis for management decisions. Negative results must be correlated with clinical observations, personal history, and epidemiological information. COVID-19 virus may not be detected by the Test in early stages of infection when a person has no symptoms. Additionally, you must provide and return a specimen in accordance with the instructions for use, collection procedures, and shipping procedures (including timelines for specimen return) specified in your Covid-19 test kit and as otherwise instructed by your performing lab. if the sample is not properly collected, handled, or timely delivered to the testing laboratory, a false negative may result, which means that it is possible that no SARS-CoV-2 was detected in the sample, when it was present in your body. “Inconclusive” means that the generated test data was internally inconsistent. This can occur due to a problem with the sample provided or the Test itself. An inconclusive result does not eliminate the possibility that you carry the virus. “Specimen Unsatisfactory” means that the lab could not analyze your sample. If you receive this result, please contact Support to discuss resampling procedures. (iv) Antigen or other Covid-19 testing: If you have received Covid-19 testing that is based on antigen or antibody testing, please refer to the Patient or Physician Fact Sheets for those tests for additional warnings, limitations, or information. These resources are commonly found on the manufacturer’s website.(v) Pooled or other Covid-19 surveillance testing: WLCL also partners with third parties to provide non-laboratory Services related to Covid-19 testing, including surveillance testing (e.g., pooled testing) and individual, diagnostic testing. Surveillance testing for Covid-19 involves the testing of asymptomatic individuals who have no known exposures to infected individuals, with the intent to identify infected individuals before they develop symptoms so that appropriate measures can be taken to prevent further viral spread. Pooled testing is one method of surveillance testing.  Pooled testing involves combining Samples from a number of people together in a batch, so that only one laboratory test is performed on the entire batch instead of one laboratory test for each Sample submitted.  If you are receiving pooled testing through WLCL’s partnership with third parties, you should be aware that such testing has certain limitations.  For example, it can detect if at least one person whose Sample that was combined in the batch was likely infected with SARS-CoV-2 at the time of testing, but it cannot detect which person(s).  For that reason, surveillance programs using pooled testing may utilize reflex testing, which means they may request that people who submitted Samples in the positive pooled test follow up with individual, diagnostic testing to determine which individual(s) in the batch may be infected. Also, while a negative pooled test result typically means no one who submitted a Sample in that batch was infected with SARS-CoV-2, pooled tests dilute the Samples which could result is less viral genetic materials able to be detected by the testing laboratory, which can increase the likelihood for false negative results.  Accordingly, individuals who are experiencing symptoms are advised to isolate and contact their healthcare provider even if they were part of a pooled test with a negative result. Please refer to the surveillance testing program information (separately provided or available to you through the program sponsor/school) for additional information, benefits and limitations, and terms and conditions regarding pooled testing and your program’s protocols.(v) General: If you have symptoms of illness (such as fever, cough, and/or shortness of breath), you should discuss your symptoms and your Covid-19 test Results with your doctor who can decide how to care for you. In some cases, if the COVID-19 virus is found in your sample, the COVID-19 viral sample may be further tested, analyzed, or sequenced one or multiple times in conjunction with efforts relating to COVID-19, including for research, scientific, public health, or related purposes. The WLCL Covid-19 Molecular Test does not sequence or test your individual DNA. If a health system; state, county, or city government; employer; school or university; or other sponsoring entity has provided or paid for (in whole or in part) your Covid-19 test (the “Covid Sponsor”), please be aware that WLCL may provide your Results and PII to such Covid Sponsor or other entities involved in testing logistics, in compliance with applicable laws, rules, and regulations. If you have any questions about this, please contact your Covid Sponsor to learn if this applies to you and for details. WLCL expressly disclaims any and all liability for your Covid Sponsor’s use of information that it represents it is authorized to receive, store, and use. The CDC has provided useful information on how to protect yourself and others. The CDC has also provided information on when to seek medical attention. You can find this information at https://www.cdc.gov/coronavirus/2019-ncov. D) COVID-19 TEST INSTRUCTIONS AND DISCLAIMERWLCL, your healthcare provider, the performing Covid-19 testing lab (if different from WLCL), or WLCL’s partners may provide you with instructions for use (IFU) of the Covid-19 test collection materials, in addition to supplemental collection and shipping instructions (either with the collection materials, as part of the online registration process, in follow-up communications, or in other web or printed content provided by or on behalf of WLCL) (collectively, “Collection and Shipping Instructions”). In order for the Covid-19 test to perform as intended, and for your Results to be timely provided, your specimen must comply with such Collection and Shipping Instructions. By using our Services, you acknowledge and agree that failure to collect and timely return your specimen in strict compliance with such Collection and Shipping Instructions to the processing lab may result in (1) specimen failure or loss; (2) failure to receive timely results; or (3) failure by your airline, destination, or applicable transportation authority to permit travel or entry. In such cases, WLCL hereby disclaims, and you hereby release and discharge WLCL from any and all liabilities directly or indirectly resulting from a failure to comply with Collection and Shipping Instructions. WLCL is not responsible for delays or specimen loss due to errors of shipping and transport vendors, or due to weather or other uncontrollable events.3. Required Patient Information and AccessWhen using our Services, you will be required to provide us with some information about yourself. This information may include personally identifiable information, such as your email address, cellular number, or other contact information; or eligibility criteria or protected health information (“PHI”), which may be required by health authorities as part of the Services we provide (collectively, “PII”). You agree that all information you provide to WLCL is accurate and that you will keep it accurate and up-to-date. The completeness and accuracy of your PII is important for, among other things, public health agencies who may be requesting this information from WLCL to track and try to control the spread of COVID-19 and recorded in compliance with local, state, and US laws, rules, regulations, and orders. By submitting your PII, you are agreeing that we may store and maintain it in connection with the Services. WLCL also uses third-party vendors to facilitate certain requested Services. The storage and use of PII is necessary for WLCL to carry out our healthcare operations in providing the Services you’ve requested. WLCL will retain your PII for as long as is necessary to carry out the function for which the information is being used and to comply with applicable laws and regulations, and as set forth in the Privacy Policy. If you want to review or amend PII WLCL holds about you, you may contact WLCL at support@whitelabelcovidlabs.com. Please note that any changes you make will be reflected in active user databases within a reasonable period of time.You may be asked to create a WLCL account to use the Services. In this event, you will be solely responsible for maintaining the confidentiality of your account and password. We will never request your password in a phone call, email, or chat. However, when you contact our customer support, we may ask you to confirm certain PII to verify your identity and help keep your personal and protected medical information secure. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). If you have a WLCL account, you agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access the Service (via your account or otherwise) from a public or shared computer, you should exercise caution to ensure your information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address, name, or identifying PII other than your own or without the express authorization of the data subject. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly notify us at support@whitelabelcovidlabs.comand, if you have a WLCL account, you should promptly change your login information.By using the Services, you understand and agree that WLCL may send you text (SMS) messages at the cellular phone number you provide. These messages may include operational messages about your testing (if applicable), including Covid-19 testing notifications when your Results are ready. Most people receive fewer than 30 texts from WLCL per month. However, the more you interact with WLCL (e.g., if you frequently take Covid-19 Molecular Tests through WLCL), that will result in a higher number of text message notifications. You will still be able to use the Services without agreeing to receive operational text messages. To opt out of receiving text messages from WLCL, please email support@whitelabelcovidlabs.com with your opt out request along with the cell number receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while WLCL processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Standard message and data rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your phone carrier for details.At any time, you may request that we discontinue using your information and, if applicable, deactivate your account, by contacting WLCL at support@whitelabelcovidlabs.com. Please note that it may take us up to thirty (30) days to process your request.  When your request is completely processed, you will be unsubscribed from all marketing emails, and WLCL will not provide you with any of the Services going forward (including, without limitation, any Results that have not yet been reported or VPS services). Although WLCL can remove your information from its active databases, some or all of your information will remain in WLCL’s inactive database for compliance with legal, regulatory, and other requirements. Please also note that information that has already been de-identified, anonymized, aggregated, published, and/or shared with third parties as set forth in the Privacy Policy prior to a discontinuation or an account deactivation request may not be retrievable or traced back for destruction, deletion, or amendment.WLCL reserves the right, in its sole discretion, to refuse to process your specimen for Covid-19 testing, discontinue providing you with the Services, terminate your account (if you have one), and/or prohibit your access to the Site and/or the Services, at any time, for any reason or no reason, and without notice to you. If WLCL discovers that you are using the Services for non-personal or commercial purposes, or that you have provided false information related to a Covid-19 test, for example, by misrepresenting information you share with WLCL or providing another person’s specimen and not correctly identifying the source of the specimen, WLCL may refuse to process your specimen for Covid-19 testing, discontinue providing you with WLCL’s Services, terminate your account (if you have one), and/or prohibit your future access to the Site and/or the Services.  Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.5. Additional Service TermsYour use of the Services may be subject to additional terms, policies, rules or guidelines applicable to a particular Service. When you use such Service(s), you agree to be subject to such terms, policies, rules and guidelines applicable to that Service (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such Service Terms shall control.6. PrivacyCOVID-19 has been designated a pandemic by the World Health Organization and is currently a public health crisis in the United States. The specimen you provide for Covid-19 testing will be tested as described above so that WLCL may share Results with you and, as applicable, the healthcare provider who ordered your Covid-19 test and applicable health authorities, in part, to prevent the potential spread of the virus to others.  The Texas Department of Public Health Services and other federal, state, and local health authorities have required that Covid-19 test results be made available to health authorities for public health purposes. Results and related information may also be provided to WLCL’s contractors, the healthcare provider who ordered your Covid-19 test, the laboratory performing technical aspects of the Covid-19 test if not WLCL (as shall be specified in your Covid-19 test report), the CDPH and other federal (e.g., the Centers for Disease Control and Prevention), state, and local health authorities. By agreeing to these Covid-19 Terms of Service, you agree that your PII and Results will be made available to such parties, as set forth herein.The Services are hosted and performed in the United States (“US”) and are subject to applicable US laws, rules, and regulations. You understand and agree that the Services and the Site are not appropriate for use outside of the US, and you should not use the Covid-19 Molecular Test or other WLCL Services if you are not in the US. WLCL may refuse to provide the Services on any of the foregoing bases. WLCL shall collect, process, use, store, transfer, and disclose your PII, Results, and any other information as set forth herein and the Privacy Policy and, when WLCL is acting in its capacity as a Covered Entity each of which you should carefully review to understand and agree to all the ways that WLCL handles your information.All of your information will be located and hosted on servers located in the US. WLCL will retain your information for as long as is necessary to carry out the function for which the information is being used, and to comply with applicable laws and regulations. If you would like to access, update, object to processing, request provision to a third party, and/or request removal from WLCL’s active databases of your PII, please contact support@whitelabelcovidlabs.com. Any such requests will be honored within one month. Please refer to Section 4 above to understand how requests to disable, remove, or halt processing of PII are handled, and refer to the Privacy Policy for details on the information that WLCL collects, how it uses this information, how information is shared, how WLCL protects the information, and your choices regarding the same.7. Limited Right to Use; Ownership; Proprietary RightsThe Service is owned and operated by WLCL. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), bioinformatics pipeline, Covid-19 Molecular Test Kit, and all other elements of the Service (“Proprietary Materials”) provided by WLCL are protected by all relevant intellectual property and proprietary rights and applicable laws. All Proprietary Materials contained in the Service are the property of WLCL or WLCL’s third-party licensors. Except as expressly authorized by WLCL, you may not make use of the Proprietary Materials, and reverse engineering of the Proprietary Materials is strictly prohibited. WLCL reserves all rights to the Proprietary Materials not granted expressly in these Terms.  Any references to or uses of third parties’ names and logos are the exclusive property of those parties.WLCL grants you a limited, non-exclusive right and license to access and use the Site for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface, and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of WLCL. This includes, without limitation, a prohibition against (a) publishing any logo or other proprietary graphic or trademark belonging to WLCL or any of its subsidiaries, affiliates, or other partners without our written consent, and (b) using any WLCL content including from WLCL’s Site or Result reports (or any portions thereof) for non-personal or commercial use without our written consent.If you provide us with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that WLCL may use such Feedback in any way and for any purpose, without compensation or acknowledgment.8. Indemnification and ReleaseYou agree that you will be responsible for your use of the Site and the Service, and you agree to defend, indemnify and hold harmless WLCL and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “WLCL Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Site, Service, and Results; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation. WLCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with WLCL’s defense of such claim.By taking the Covid-19 Molecular Test any other Services, or otherwise indicating your assent to these Terms, you hereby release, discharge, and covenant not to sue WLCL, its subsidiaries and affiliates, and/or all of their present or former representatives, administrators, officers, employees, volunteers, agents, sponsors, directors, shareholders, partners, predecessors, successors, purchasers, and assigns, or any other persons whom you may claim to be responsible for any alleged damages (each considered a “Releasee”) from all liability, claims, demands, losses, or damages on your account caused or alleged to be caused in whole or in part by the actions of the Releasees, in negligence or otherwise, to the fullest extent permitted by law. You understand that you are giving up substantial rights by agreeing to these terms and have done so freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Furthermore, if any portion of this release is held to be invalid, the remainder of shall continue in full force and effect.9. Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WLCL SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND SITE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WLCL CANNOT PROVIDE TREATMENT FOR COVID-19 OR YOUR SYMPTOMS, AND YOU ARE AND WILL REMAIN RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL CARE. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN WLCL DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONSULTS WITH WLCL’S SUPPORT STAFF, GENETIC COUNSELORS, OR THIRD PARTY VENDORS) OR SITE WILL CREATE ANY WARRANTY REGARDING  WLCL OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND SITE. BY USING THE SERVICES AND SITE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, WITHOUT CONSULTING WITH A HEALTHCARE PROVIDER.YOU UNDERSTAND AND AGREE THAT WLCL IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR ANY PRODUCTS AND SERVICES PROVIDED BY OTHER INDIVIDUALS OR ENTITIES AS PART OF THE COVID-19 TEST OR IN CONNECTION WITH ANY OF THE OTHER SERVICES, WHICH MAY INCLUDE COVID-19 TEST COLLECTION KIT COMPONENT MANUFACTURERS AND DISTRIBUTORS, HEALTHCARE PROFESSIONALS, CLINICAL LABORATORIES, RELEVANT PUBLIC HEALTH AUTHORITIES, AND OTHER GOVERNMENTAL FUNCTIONS; YOU SHOULD REFER TO THE APPLICABLE POLICIES AND TERMS AND CONDITIONS FROM SUCH OTHER THIRD PARTIES FOR THEIR TERMS OF SERVICE.WLCL DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICE OR THE SITE, AND YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OR WITHIN WLCL’S CONTROL.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.10. Limitation of Liability; WaiverIN NO EVENT WILL WLCL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, RELIANCE ON, OR USE OF, OR YOUR INABILITY TO ACCESS, RELY ON, OR USE, THE SERVICE, RESULTS OF THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SITE OR OBTAINED IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE WLCL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE TEST RESULTS AND COVID TEST SERVICES ARE INTENDED TO BE USED BY A HEALTHCARE PROVIDER FOR THE QUALITATIVE DETECTION OF SARS-COV-2 (SUBJECT TO THE METHODS AND LIMITATIONS OF THE TEST), AND YOU AGREE THAT YOU WILL NOT SOLELY RELY ON WLCL’S SERVICES, TEST RESULTS, OR INFORMATION OBTAINED FROM WLCL FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, A DETERMINATION THAT YOU ARE SAFE OR ABLE TO TRAVEL, ATTEND EVENTS, OR CONGREGATE WITH OTHER INDIVIDUALS. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.For Covid-19 Molecular Testing, your Results are based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. You understand and agree that WLCL may, at its sole discretion, amend or modify your Covid-19 Molecular Test report based on any such changes. This may result in a change in your Results. You hereby irrevocably waive any and all claims against WLCL for any amendment or modification of the Covid-19 Molecular Test report in accordance with WLCL’s standard operating procedures.If you provide a Nasopharyngeal (NP) or Oropharyngeal (OP) specimen for Covid-19 testing, you understand that your specimen collection involves risks including mild pain or discomfort, a little gagging and/or a minor nosebleed, and in very rare situations, infection, serious injury, or death. By submitting a specimen, you expressly waive and release any and all claims against WLCL on account of pain, injury, or death arising from your specimen collection.11. Dispute Resolution and Arbitration11.1 Generally. You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and/or Site, and your acceptance and use of the Results shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Dallas, Texas. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, the Site, and the Results, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse WLCL for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WLCL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by WLCL, or persons employed or engaged by WLCL.11.2 Exceptions. Notwithstanding subsection 11.1, WLCL and you agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.11.3 No Class Actions. YOU AND WLCL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WLCL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.11.4 Modifications. In the event that WLCL makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with WLCL shall be immediately terminated and this arbitration provision as in effect immediately prior to the amendments you reject shall survive.11.5 Enforceability. If the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms.12. Modification of the TermsWLCL reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Site, except as set forth below. These Terms will identify the date of last update. Your use of the Service and/or the Site following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, WLCL will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service and/or Site with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.13. GeneralThese Terms, together with the Privacy Policy if applicable Service Terms, and any other terms or agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and WLCL regarding your use of and access to the Service and/or Site, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms, your use of the Site and Service, and your provision of your PII shall be governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and WLCL agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas, Texas for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms will survive such termination or expiration, including Sections 8 through 11 and 13. 14. Contact InformationThe services hereunder are offered by White Label Covid Labs, LLC. You may contact us by emailing us at support@whitelabelcovidlabs.com.15. TerminationThese Terms shall continue to have full force and effect unless and until terminated by WLCL. WLCL may terminate, suspend, or restrict any provision of these Terms and the Service and/or Site at any time in its sole discretion and without notice to you.16. Third-Party BeneficiariesNothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.17. Use of “Open Source” SoftwareFrom time-to-time, WLCL may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by WLCL, and that WLCL does not, simply by virtue of their use or integration into any Service or the Site, make any guarantees or warranties regarding their quality or authenticity.18. Electronic SignaturesBy using our Site or Services you consent to transact business with WLCL electronically.19. Our Commitment to AccessibilityWLCL is committed to making our Site’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email support@whitelabelcovidlabs.com with “Disabled Access” in the subject line and provide (a) a description of the specific feature you feel is not fully accessible, or (b) a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our clients and our overall accessibility policies. Additionally, while we do not control vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.For our CARES Act Section 3202 notice, please click here.
5-21, 2021 This document is written in the English language. In the event of any conflict in interpretation between the English version and any translation, the English version shall control. Version date: January 17, 2022 This document is written in the English language. In the event of any conflict in interpretation between the English version and any translation, the English version shall control.