LetsGetChecked Website Terms of Use
Protecting your privacy and personal health
Last Updated: April 4, 2024
Thank you for your interest in LetsGetChecked (“LetsGetChecked” “”or “we” or “us” or “our”), and our Products and Services. These Terms and Conditions (“Terms”) govern your access to and use of www.letsgetchecked.com, its subdomains, and any other online websites that link to these Terms (collectively, the “Websites”), your access to and use of our mobile applications (“Apps”), your purchase and use of Products and related services, your access and use of Testing Services or Virtual Care Services, and any other content, functionality, or service offered and provided to you (altogether referred to as our “Services”).
THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.
Please read these Terms carefully. By accessing our using any of our Services, you represent that you are 18 years of age or older, and that you have read and understand and agree to be bound by these Terms and our other policies referenced in these Terms.
SUBSCRIPTION SERVICES: SOME OF THE SERVICES ARE AVAILABLE ON A SUBSCRIPTION BASIS. SUBSCRIPTION TERMS ARE DESCRIBED IN SECTION 8(G) AND SECTION 12.
MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LETSGETCHECKED, EXCEPT AS OTHERWISE DESCRIBED IN SECTION 21 (ARBITRATION AGREEMENT), WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTIONS [12] AND [13].
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU ARE NOT ALLOWED TO ACCESS OR USE OUR SERVICES.
Changes to the Terms. We may revise these Terms from time to time, for example, to reflect changes in our Services, the needs of our customers, our business plans, or changes in applicable law. Any material changes to these Terms will be in effect as of the “Last Update” date referenced above. You should review these Terms from time to time, including prior to using our Services. If we make a material change to the Terms impacting your use of our Services, we will use reasonable efforts to notify you, including through notices on the Services. If you do not agree to a change, you must stop accessing or using our Services. Your continued use of our Services after the “Last Updated” date (or after we try to notify you of material changes) will constitute your acceptance of and agreement to such changes.
Capitalized terms have the meaning given to them in Section 28 (Definitions) or as otherwise defined in these Terms.
1. Who We Are and What We Provide to You
LetsGetChecked Inc. is a Delaware corporation. LetsGetChecked is a registered business name of LetsGetChecked Inc. You can contact us here.
The Services are operated by us from our offices within the United States of America (“USA”). In using the Services, you are required to provide us with your location including any state or territory and, as set out in these Terms, you are liable for the provision of accurate information including location and residency information. We make no representation that the information in our Services is appropriate or available for use outside of the USA, and that your access or use of the Services may be illegal or prohibited outside of the USA. If you choose to access the Services from outside the USA, you do so at your own risk and are responsible for compliance with applicable local laws. It is a violation of these Terms for you to use the Services in violation of any applicable laws and regulations or in violation of the rules of any of our service providers or in a manner that would cause us or any other party to be in violation of such laws, regulation or rules.
The Services provide you with access to healthcare providers who are employed or contracted by one or more of the following Physician Groups: Mammoth Health, PLLC, a Florida professional limited liability company, Mammoth Medical, PC, a New Jersey Professional Corporation, Ajax Medical, PLLC, a New York professional limited liability company and Mordkin Medical, PC, a California professional corporation (collectively, the “Physician Groups”). The Service provides you with access to laboratory services by Priva Path Labs Inc. d/b/a LGC Labs (222 E Huntington Dr, Ste 100, Monrovia, CA 91016) or certain other clinical laboratories that we may select as our testing services provider from time to time (collectively, the “Accredited Laboratory(ies)”). Accredited Laboratories will be CPA (clinical pathology accreditation), INAB, CLIA approved, CAP accredited, or otherwise certified or accredited as required by applicable law. In addition, the Service provides you with access to prescription fulfillment services offered by certain mail-order pharmacies (“Pharmacies”). By accepting this Agreement, you acknowledge and agree that any services you receive from any Physician Group, Accredited Laboratory, or pharmacy through our Website or mobile application are also subject to these Terms.
LetsGetChecked Inc. is not a healthcare provider, does not practice medicine and does not control or interfere with the practice of medicine by the employed or contracted healthcare providers of the Physician Groups, as these are licensed professionals who are solely responsible for any medical care and treatment provided to you as part of a Virtual Care Service. LetsGetChecked Inc. does not provide the Testing Services, Virtual Care Services, or prescription fulfillment services. LetsGetChecked Inc. makes no representations or warranties about the accuracy, timeliness, or quality of the Virtual Care Services provided by the Physician Groups (or any of its providers), the Testing Services provided by the Accredited Laboratories, or the prescription fulfillment services provided by the Pharmacies. You acknowledge and agree that you are not entering into a provider-patient relationship with LetsGetChecked Inc.
THE SERVICES PROVIDED BY LETSGETCHECKED INC. (NOT THE PHYSICIAN GROUPS) DO NOT CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND AGREE THAT LETSGETCHECKED INC. SIMPLY PROVIDES A TECHNOLOGY PLATFORM TO FACILITATE YOUR ACCESS TO AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL PROVIDER, WHICH MAY INCLUDE THE PHYSICIAN GROUPS. LETSGETCHECKED INC. IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY MEDICAL PROVIDER, ACCREDITED LABORATORY, OR PHARMACY, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH ANY VIRTUAL CARE SERVICES, TESTING SERVICES, PRESCRIPTION FULFILLMENT SERVICES, OR ANY OTHER HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER THROUGH OUR SERVICES.
THE INFORMATION CONTAINED ON THE WEBSITES, THE TEST INFORMATION, OUR CONTENT, THE SERVICES, AND THE PRODUCTS AVAILABLE THROUGH THE SITE ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE WEBSITE NOR OUR SERVICES OR PRODUCTS, OR ANY TEST INFORMATION, CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH.
2. Privacy Policy
For information about how we handle your personal information, please review our Privacy Policy and Cookies Policy. We are not responsible for any information you share directly with your medical provider or how your medical provider handles, uses, discloses and/or maintains your personal information.
3. Your Account
In order to use some of our Services, you must set up an Account with us by creating a username and Password. We reserve the right to take any action that we deem necessary to protect the security of our Services and your Account, including without limitation, changing your Password, terminating your Account, or requesting additional information to authorize transaction(s) on your Account. You are solely responsible for keeping your Password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Password or any other breach of your Account security. You agree and acknowledge that information about you in your Account will be shared with the Physician Group, Accredited Laboratories, Pharmacies and/or other third parties as reasonably necessary for us to provide the Services.
If you set up an Account with us, you agree to provide contact details that can be used to contact you in relation to your use of our Services. It is important that the details you provide us with are correct, accurate and complete and that you promptly update your Account as necessary. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE ACCURATE AND SUITABLE CONTACT DETAILS, OR ANY OTHER INFORMATION THAT IS USED IN CONNECTION WITH THE SERVICE, INCLUDING ANY HEALTHCARE OR OTHER INFORMATION PROVIDED BY YOU TO ASSIST A PHYSICIAN GROUP DELIVER A VIRTUAL CARE SERVICE.
By signing up for an Account and using our Services, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through our Services. This includes transmissions that are identified as secure or encrypted and may include health-related information including communications with the Physician Group.
4. Your Representations
By signing up for an Account and accessing our Services, you confirm:
that you are 18 years of age or older;
that you are a resident of the United States of America and are accessing our Services from the United States of America;
that you are using our Services in your own name and not on behalf of anyone else;
any Sample you provide your own;
that you will not allow any other person to use our Services under your name, nor will you use our Services while pretending you are someone else, or otherwise seek to disguise your identity;
that you are only using our Services for your own benefit and not for the purposes of providing our Services to others; and
that none the information you have provided through our Services any information that is untrue, inaccurate, non-current or incomplete to the best of your knowledge.
5. Intellectual Property Rights
LetsGetChecked and its affiliates are the owners or the licensees of all Intellectual Property Rights in our Services, including without limitation, the text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, software, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of our Services, as well as the features, functionality and the material published on our Services (except where content is specifically identified as third-party content) (together, “Our Content”). All of these rights are protected by copyright and other applicable intellectual property and other laws around the world. All such rights are reserved to the relevant owner or licensee of those works. Your use our Services and Our Content does not grant you any rights in relation to Our Content other than as set out in the next paragraph. Other than as expressly permitted below, you must obtain our prior written permission prior to using any of Our Content each time you want to use it.
Subject to your compliance with the Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use our Services and Our Content solely for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use (referred to as a “Limited License”). In connection with the Limited License we grant you, you may use Our Content as follows:
You may print or download a copy of the Services webpages or other informational pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement as applicable for such applications.
You must always acknowledge our status (and that of any identified contributors) as the authors of Our Content on our Services.
You further agree that you will not:
Attempt to copy or modify any ideas, features, functions, graphics, or any of Our Content in our Services.
Alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit Our Content on our Services or any rights in connection therewith.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Modify any paper or digital copies of any materials you have printed off or downloaded in any way.
Attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Services or otherwise attempt to derive the source code for Our Content.
Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve the right to investigate any suspected or actual improper, illegal, or unauthorized use of Our Content or our Services and we reserve the right to take appropriate legal action.
6. Restrictions on Your Use of Our Services; Your Compliance with Applicable Laws
While accessing and using our Services, you agree that you will only use our Services in a lawful manner and will not use our Services for any use other than the business purpose for which it was intended. You will not, and will not permit any third party to, take any of the following actions with respect to our Services or the server hosting our Services nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our Services in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts our Services or servers hosting our Services; (ii) uses any robot, spider, scraper or other automatic or manual means to access our Services or copies any content or information on our Services; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from our Services; (v) infringes the copyright, trademark or any proprietary rights; (vi) compiles, uses, downloads or otherwise copies our Services or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) our Services or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (viii) promotes or provides instructions for illegal activities; (ix) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (xii) accesses systems, data or information that we do not intend to be made accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written consent, link or attempt to link our Services with other sites services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site our services.
7. Virtual Care Services
The Virtual Care Services involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of medical services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. By accessing and using Virtual Care Services, you agree to the Physician Group’s telehealth consent (“Telehealth Consent”). You acknowledge and agree that LetsGetChecked Inc. is a third-party beneficiary of the Telehealth Consent and has the right to enforce it against you.
8. Specific Terms Relating to Lab Services and Products
You may have the ability to request a Product (sample collection kit) to access secure laboratory Testing Services, if determined by a healthcare provider to be clinically appropriate (to the extent a healthcare provider’s review is required). To access these Testing Services, you must provide necessary clinical information to assist a healthcare provider to assess whether a Testing Service is appropriate for you, if applicable, and if so, you may then purchase a Product either from our Website or from a retail location.
To use our Testing Services, you must set up an Account and register the individual Product to your Account using the alpha code and numerical code of the Product. To register a Product, go to the “Activate Test” section of the Websites, sign into your Account (or create an Account if applicable) and provide the code from the Product as requested.
a. Virtual Care Services with Orders
We will not process Orders from users whose IP address is outside, or where the user is located outside of, the United States.
In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information including the delivery address for your Product and important healthcare information to enable a Physician Group-affiliated healthcare provider to assess whether the Testing Service is appropriate for you, (ii) purchase a Product that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information, including test results available to you through your online Account.
Once the Order is placed, you will receive an email acknowledging receipt of the Order. At this time, we will collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us. You should review the Order Confirmation and notify us of any mistake immediately, as no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed in Section 8(f).
As noted above, all Orders are subject to review by a physician or other licensed clinician prior to testing, and we are under no obligation to accept or process an Order, whether confirmed or not. In the event that a confirmed Order is not accepted, a refund will be issued for any paid fees in accordance with the Cancellation Right in Section 8(f).
All Products and Testing Services are subject to availability. We reserve the right to notify you at any time before delivery of the unavailability of the Product. (You can then cancel the Order if you elect and we will refund you all money paid in full in accordance with the Cancellation Right in Section 8(f).)
b. Using our Testing Services
In order to use our Testing Services, you must set up an Account and register the Product to your Account in accordance with Section 3 (Your Account) of these Terms. You will not be able to register the Product or access Test Information without an Account.
By sending us the Product or any Sample, you are formally providing your consent to undergo the related test. You agree that before proceeding with any test, you will read all relevant information provided in these Terms and our Privacy Policy, in addition to any other terms or policies in any packaging in our Product or otherwise made available to you related to our Testing Services. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
Due to the nature of the test(s) being performed, we cannot and do not warrant that the test(s) or Test Information provided as part of the Testing Services will be entirely or 100% accurate. For example, sexually transmitted diseases and/or infections may remain undetectable for several months due to varying Incubation Periods. As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
You acknowledge that the Test Information does not constitute a diagnosis. LetsGetChecked offers laboratory tests for wellness monitoring, informational and educational use. The Tests we offer are not intended to diagnosis or treat disease. None of our Tests are intended to be a substitute for seeking medical advice, diagnosis or treatment. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected screening results must be verified by a physician or other licensed healthcare professional through a confirmatory (diagnostic) test.
You acknowledge any Test Information does not constitute a definitive result. “Low”, “Normal”, or “High” readings do not constitute a diagnoses and further testing will be required from your physician or other licensed healthcare professional. Further, if test results are normal, but symptoms remain you should be examined by your physician or other licensed healthcare professional.
The Testing Services are limited to the services as defined in Section 29 (Definitions) below. If you require medical advice or counseling in addition to the Testing Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an agent of LetsGetChecked may contact you regarding a test result, Product or Testing Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing or any other profession. In all events, seek the advice of a licensed healthcare provider should you have any questions about tests or test results.
Any failure to comply with your obligations as outlined in this section, particularly with regard to re-testing, is entirely your responsibility.
You acknowledge and agree:
1. to take note of the Incubation Periods, information in relation to which is included on the Site. “Incubation Period” means the period of time, from an exposure to an infection to the time an infection becomes detectable within a person’s body. Different infections have different Incubation Periods and can take several months or more to become detectable. For example, the HIV virus can take up to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE CORONAVIRUS IS BELIEVED TO RANGE FROM 2 TO 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE. Incubation Periods vary by the individual and it is recommended to retest:
if you tested before the relevant Incubation Period has passed (from the time of potential exposure);
if you suspect that the infection has subsequently developed; or
if you have been potentially exposed to any relevant infection in the meantime.
2. to comply fully with all instructions included with the Product and to return the Sample in the Product within the time set forth in the Product instructions;
3. FOR THE COVID-19 PCR TEST KITS, AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. YOU ACKNOWLEDGE THAT THE COVID-19 PCR TEST KIT MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS;
4. to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
5. to disclose to us honestly and to the best of your knowledge any information that may affect or impact the Test Result;
6. that for certain tests, the Accredited Laboratories or Physician Group may have reporting obligations to government agencies with regards to positive, reactive or detected results, and will make such reports;
7. to use the Websites, the Products and the Testing Services only for lawful purposes and in accordance with these Terms and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of the Physician Group or Accredited Laboratories;
8. that LetsGetChecked Inc. may, as applicable, collect fees for Testing Services on behalf of the Physician Group and/or Accredited Laboratories;
9. not to use the Products and/or the Testing Services for resale or in any way that breaches any applicable local, national or international law or regulation; and
10. that when you submit an Order for the Testing Services through the Websites, including acquiring one or more Products through the Websites, that you (and no other person) have selected the Products. Notwithstanding any descriptions of any Testing Services or recommendations from the Websites or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Product suitability or other medical issues.
c. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Product. If you do not provide an adequate Sample, utilize the Product in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings of the Sample.
d. Test Information
You will be sent an email notifying you when Test Information has been made available to your Account. If your Test Information is negative or nonreactive, please refer to Section 8(c) (Submitting the Sample) and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or licensed healthcare professional.
If you have a positive, reactive or detected screening result for any of our Tests, you will need a further confirmatory (diagnostic) test from a physician or licensed healthcare professional.
The Testing Services may include, with respect to a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
If you have concerns with the Test Information you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Testing Services. If you purchase Products and Testing Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner once the Incubation Period has passed.
e. Delivery
The Product is normally dispatched within two business days of Order Confirmation to the delivery address you provide during the Order submission process, but actual delivery times may vary. We may be unable to change the delivery address after the Order Confirmation. Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and a date for the provision of the Test Information) are approximate and we will not be liable for any loss or damage due to any failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery is not and shall not be of the essence. A Product may be shipped by us to the agreed delivery address in advance of any scheduled delivery date. Risk of loss in a Product passes to you upon delivery of the Product to the agreed delivery address. If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the Product, then please contact us within seven (7) days of receipt of the Product and provide the following information: the Alpha code, Numerical code and Order ID (or description of the Product), and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Product to be sent to you as soon as possible.
f. Cancellation
Unless otherwise required by State law, in which case such State requirements shall apply, you have the right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the Product to you. To exercise the right to cancel, you must inform us of your decision to cancel in writing (e.g. a letter sent by contacting us). You must then promptly return the Product to us within fourteen (14) days from notifying us of your decision to cancel, at your own cost. For health protection reasons, no cancellations of COVID-19 test kits can be accepted after the COVID-19 test kit has shipped and Covid-19 test kits cannot be returned.
If you exercise your cancellation right pursuant to this section, we will reimburse to you all payments received from you less the cost of the kit(s) and shipping fees, without undue delay and, in any event, not later than thirty (30) days from the date on which we receive the returned Product from you, or the date you provide us with evidence of having sent the Product back to us, whichever is earlier. In the event that a confirmed Order is not accepted or you cancel your Order prior to the Product being shipped, you will be eligible to receive a full refund. We will reimburse you using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise. We will not charge you any fees in connection with the reimbursement. You will bear the direct cost of returning the Product.
The right to cancel an Order does not apply to Products that have been opened and the seal on the kit broken, as these Products are not suitable for return for health protection reasons.
g. Subscribe and Save
The following provisions only apply to you if you enroll in our Subscribe & Save option.
Subscribe & Save involves subscribing to a single eligible Product over your chosen frequency. By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue and your payment method will be automatically charged for each successive subscription period at the then-current advertised subscription price for that Product. Your credit card will be charged on the date stated on the “Subscriptions” page of your account for the applicable subscription period. We will charge the credit card you used when you created your renewal subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen subscription frequency) until you provide prior notice of cancellation or wish to change your payment method. Such notice will not affect charges before we could reasonably act.
When purchasing a subscription, if you choose to add express shipping, it will only apply to the first order. All future orders in your subscription will be sent by standard shipping at no cost.
To cancel your subscription, you may (i) logon to your Account and follow the cancellation procedures there, (ii) contact us and we will do it for you, or (iii) call our customer support line at (929) 376-0056 and speak with one of our customer care specialists who can help you cancel. Please note that standard call rates may apply. If you decide to cancel, we recommend you do so at least 24 hours prior to the scheduled subscription payment date as subscriptions may be canceled without charge as long as we receive your cancellation prior to the scheduled subscription payment being processed. This is subject to change, but we will let you know if there is a change in our cancellation policy as described in Section 8f (Cancellation Rights) above. You can manage your subscription, including payment details and cancellation, by logging into your Account under the Subscriptions page.
We reserve the right to adjust the pricing for the Products purchased on a subscription basis in any manner and at any time. LetsGetChecked will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a subscription period falls before the pricing change takes place, you will be charged the prior rate for that subscription period, if your billing date falls outside the two-week notice period, you will be charged the new price upon the next automatic renewal and all future renewals.
If your payment is declined, we will place your subscription on hold for seven (7) days. We will be notified when the payment fails, and we or our vendor will attempt to process payment again in seven (7) days. If the second attempt on the seventh day fails, your subscription will be canceled. If a payment is declined and you do not wish to wait seven days for re-processing, you may choose to update your payment information on your account and complete payment from your account. Cancellation due to failed payments does not incur any extra charges. We reserve the right to adjust this Section 8(g) in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to your subscription Plans will take effect following 30 days’ notice to you via the e-mail you provided at the time you enrolled in the Subscribe & Save plan.
9. Specific Terms Related to Virtual Care Services Involving Medications
Certain Products require a valid prescription by a licensed healthcare provider. If you engage in Virtual Care Services and a healthcare provider determines that a prescription product is appropriate for you and writes a prescription, this prescription may be filled through one of the Pharmacies for your convenience. You may also fill the prescription at any other pharmacy of your choice by emailing your request to pharmacist@letsgetchecked.com.
If you complete a consultation with a healthcare provider and fill a prescription through a Pharmacy, the prescription product will be shipped to you by the Pharmacy, and the shipping and medication costs will be included in the total amount charged to you. However, if you fill a prescription with a local pharmacy of your choosing, you will be responsible for working with the local pharmacy to coordinate the prescription’s fulfillment and retrieval, and you will pay the local pharmacy for any medication costs.
10. Reviews and Feedback
You may choose to submit a review of your experience with our Service that describes your personal experience of using our Services, including what you liked or disliked about our Services (a “Review”). You acknowledge that you will not receive any compensation, monetary or otherwise, for the submission of a Review. Your Review, if published, will be publicly available and viewable to anyone. We encourage you to refrain from including in your Review any personal or other information that you may want to keep private or confidential, such as your health information, because such information may become viewable by the public. We may reject and not post your Review for any reason including, for example, if it breaches of other terms or policies made known to you, including, without limitation, Section 6 (Restrictions on Your Use of Our Services; Your Compliance with Applicable Laws) of these Terms or if it contains any of the following types of material:
language that, in our discretion, is not suitable for a public forum;
advertisements, ‘spam’ content, or references to other products, offers or websites;
email addresses, links to other websites, or contact information relating to other persons (which includes commercial entities); or
hateful, discriminatory, or critical comments about other users or their Reviews.
In addition, if you wish to share ideas, concepts, know-how, suggestions or other feedback with us about customer service issues or relating to our Services (“Feedback”), please do not submit this Feedback through the review mechanism. Instead, please contact us directly. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose.
11. Availability and Access to Our Services
Access to our Services, including our Virtual Care Services or Testing Services, is permitted on a temporary basis. We may, temporarily or permanently, limit, suspend, or cancel your use or access to our Services or any part of it, at any time in our sole discretion, including if we determine that you have or are about to violate the Terms. If you wish to make any use of our Services or Our Content other than as expressly permitted in these Terms, please contact us at the following email address: dpo@letsgetchecked.com. Such permission will be at the sole discretion of LetsGetChecked.
You are responsible for making all arrangements necessary for you to have access or use of our Services and for ensuring that your device and computer software meet the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.
12. Payment and Billing
Unless as otherwise described in these Terms, all prices listed through our Services and otherwise on our websites exclude all sales taxes, fees, use taxes, charges, duties, levies, and other similar governmental charges imposed on the provision of the Product or Service. All such governmental charges shall be solely borne and paid by you. You acknowledge and agree that it is your responsibility to ensure payment for all paid aspects of our Services and to ensure that your payment methods are accepted by LetsGetChecked and/or our payment processors, including, but not limited to, Stripe. We may suspend or terminate your use of the Services and Account in the event of any payment delinquency. Except as otherwise described in these Terms, you will not be entitled to any refund for the partial use of our Service at any time.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled until you are able to resolve the payment issue.
In the case of Testing Services, the price includes standard delivery of the Product to you, and if applicable, it also includes return of the Product to the Accredited Laboratory that will perform the test(s).
LetsGetChecked Inc. will collect your payment for the Testing Services on behalf of Priva Path Labs Inc. d/b/a LGC Labs or other Accredited Laboratories or Physician Groups on its website as its collection agent. You will be notified of the fees for the telehealth services on the LetsGetChecked website. The clinical laboratory services and telehealth services are paid for by you and are not intended to be reimbursed by any health plan. You understand that the clinical laboratory services purchased are solely your financial responsibility and that you will not submit any invoice or claim for reimbursement to any insurer or health plan (including, but not limited to, Medicare, Medicaid or any private health insurer or plan). If you are covered by a government health plan, please consult with a provider who participates in such plans.
Special Note on Subscription Products:
Certain Products available for purchase through the Service are made available on a subscription basis. For subscription-based Products, your payment method will be automatically charged at regular intervals as described for that Product during the checkout process. You may cancel a subscription as described in Section 8(g).
To simplify your experience during the checkout process, there may only be a “total” subscription price that is viewable to you. If a subscription Product you purchase required a consultation with a healthcare provider through a Physician Group, then the total price you pay includes the amount charged by (a) the third-party pharmacy for the prescription drug or the Accredited Laboratory for the Testing Service, (b) the amount charged by the Physician Group for the services of the healthcare provider, and (c) the costs to operate the Website and mobile application, including the fees to process payments. The amounts collected as part of (a) and (b) are collected for your convenience and we pass the applicable amounts through to the appropriate parties.
13. Termination
You may stop using the Services and close your Account at any time for any reason. In such event, we shall have no further obligation or liability to you under these Terms or otherwise.
We may, in our sole discretion, suspend or terminate your Account or access to the Services, without notice for any reason, including to comply with applicable legal requirements, to protect the rights or interests of LetsGetChecked or any third party, or if you breach the Terms or any terms regarding payment of required fees and charges due through your use of our Services. We may, in our sole discretion, provide you with a grace period prior to termination, in the event of a breach or your failure to pay owed charges and fees, without waiving our rights hereunder to terminate immediately upon such events. Under no circumstances will you be entitled to compensation or a refund for any interruption, suspension, or termination, and you acknowledge that we will have no liability to you in connection with any interruption, suspension, or termination.
Upon termination of your Account, all licenses granted by us to you to use our Services will automatically terminate. You are responsible for exporting all Account data upon termination of your Account.
Sections 1 (Who We Are and What We Provide to You), 5 (Intellectual Property Rights), 14 (Warranty Disclaimers), 15 (Limitations of Liability), 16 (Our Rights), 17 (Indemnification), 19 (Dispute Resolution), 20 (Entire Agreement), 21 (Waiver and Severability), Section 22 (Notices and Electronic Communications), 23 (Assignment), 28 (Definitions), and any other provision of these Terms that by its nature should survive termination, will survive termination of these Terms.
14. Warranty Disclaimers
THE SERVICES AND ALL OUR CONTENT ON OR AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS. LETSGETCHECKED AND OUR SERVICES PROVIDERS, LICENSORS, AND SUPPLIERS, THE PHYSICIAN GROUPS, THE ACCREDITED LABORATORIES, THE PHARMACIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND THE COVERED PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF OUR SERVICES, OUR CONTENT, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM OUR SERVICES BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES OR OUR CONTENT PROVIDED THROUGH OUR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15 (Limitations on Liability) BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF OUR SERVICES SHALL BE TO DISCONTINUE USING OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE PHYSICIAN GROUPS, ACCREDITED LABORATORIES, AND PHARMACIES ARE INDEPENDENT THIRD PARTIES, THAT THEIR SERVICES ARE UNRELATED TO LETSGETCHECKED INC., AND WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE OR MALPRACTICE OF PHYSICIAN GROUPS, ACCREDITED LABORATORIES, OR PHARMACIES.
15. Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR OTHER INDIRECT DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES, OR OUR CONTENT WE HAVE PROVIDED TO YOU ON OR THROUGH OUR SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF OUR SERVICES AND/OR OUR CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION OR ADVICE OBTAINED THROUGH USE OF OUR SERVICES OR OUR CONTENT OR OUR PRODUCTS; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SERVICES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SERVICES; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THE TERMS.
OUR AND THE COVERED PARTIES TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF OUR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THE TERMS.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
16. Our Rights
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and any other rules and regulations made available to you in connection with our Services, including, without limitation, the right to block access from a particular Internet address to our Services. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as prohibited by law, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion. You agree that any violation, or threatened violation, by you of the Terms constitutes an unlawful and unfair practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
17. Indemnification
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of our Services; (ii) your violation of the Terms; (iii) any Feedback or Reviews you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter.
18. Links to Other Sites
Some links in our Services may navigate you away from our Services or redirect you to other websites, including websites operated by third parties. The linked third-party websites are not under our control, and the content available on the linked third-party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third-party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you. You should review the terms of use and privacy policies that are posted on any website that you visit before using any linked websites.
We provide links to third-party websites are provided as a convenience to you, and access to any other third-party sites linked to our Services is at your own risk. We are under no obligation to maintain any link on our Services, and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on such content, products, services or other materials available on or through any such third-party website or for any action you may take as a result of interacting with any such website.
19. Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution Period. Our Customer Care team is available here or by phone at (929) 376-0056 to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to legal@letsgetchecked.com. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) subject line reading: “Notice of Dispute”; (b) description of the nature of the claim or dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the specific relief sought; and (e) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration where the arbitration has been enjoined.
been enjoined.
Scope. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and LetsGetChecked asserted after the effective date of these Terms, including but not limited to all disputes arising out of these Terms or your use of the Services (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”
Binding Arbitration. If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to administer the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national provider of arbitration services that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.
Process. In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against LetsGetChecked must send the written demand for arbitration to LetsGetChecked, Inc., ATTN: General Counsel, Unit 6, Adelphi House, George's Street Upper, Dun Laoghaire, Co. Dublin, A96 YX9N, Ireland. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. You and LetsGetChecked will attempt to jointly select and agree on a single arbitrator (the “Arbitrator”). Should you and LetsGetChecked fail to reach agreement within 15 days after the demand for arbitration is filed, the Arbitrator shall be selected as contemplated by the applicable arbitration rules. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement. Where the claims exceed $5 million, there shall be three arbitrators, one selected by each of the parties within 15 days after the filing of the demand for arbitration and the third selected by the party-appointed arbitrators within 15 days after the appointment of the second arbitrator, failing which the Arbitrators shall be selected as contemplated by the applicable arbitration rules.
Location & Hearing. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in in New York City, New York, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the Arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or LetsGetChecked may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
Arbitrator’s Decision. The Arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party [or unless the award orders damages over $1 million]. The Arbitrator must follow applicable law. The decision of the Arbitrator shall be final and binding on you and us, and any award of the Arbitrator may be entered in any court of competent jurisdiction. The Arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The Arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The Arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the Arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules or other applicable arbitration rules.
Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS or any other arbitration provider (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS (or any other arbitration provider). Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing
Supplemental Dispute Resolution Rules and Procedures. Any individual arbitrations submitted to JAMS or another arbitration provider shall be dismissed and the individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Mass Arbitration Supplemental Rules consistent with the provisions of the Dispute Resolution Section of these Terms.
Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator (or Process Arbitrator, if filed at the AAA) to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.
Confidentiality. All proceedings, including any negotiations, mediations, arbitrations and/or litigations, conducted pursuant to this section shall be confidential. Except as may be required by law, neither a party nor any Arbitrator(s) may disclose the existence, content, documents exchanged, pleadings or written submissions filed, testimony rendered or arguments made, orders or awards issued or results of any proceedings conducted hereunder without the prior written consent of all parties.
Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Jurisdiction. These Terms and any claims relating to our Services will be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in Santa Clara County, California (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at arbitrationoptout@letsgetchecked.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
Waiver of Remedies. BY ACCESSING AND USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY.”
20. Entire Agreement
The Terms (including any additional terms that we may provide when you through your use of our Services), are the only agreement between you and us regarding our Services and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding our Services.
21. Waiver and Severability
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof. If any part of the Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will bereplaced with terms that most closely match the intent of the part that is deemed illegal, invalid, unenforceable or prohibited. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
22. Notices and Electronic Communications
You agree that when you access or use our Products and Services or creating an Account, you affirmatively consent to conduct business with us and any lab, pharmacy and Physician Group’s healthcare providers electronically’. You agree that all agreements and consents can be signed electronically, and that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms.
You consent to receive communications and records from us (and any of our affiliates and agents), the Accredited Laboratories, and Physician Group’s healthcare providers electronically. We will communicate with you by e-mail at the email address we have on file for you (if any), by sending you messages through our Services or by posting notices through our Services, or by text message or phone call at the phone number we have on file for you (if any), or other method of communication. These communications may include (but are not limited to) notifications, updates to Products and Services, health communications from the Physician Group’s healthcare providers. You confirm that you have the hardware and software necessary to receive electronic communications and are able to receive and review electronic communications. You may incur data, call-time or messaging charges from your communication providers in connection with communications from us.
You acknowledge that text messages, phone calls and emails may be unencrypted and carry some risk that the information in the messages, including information about your health, could be read by an unauthorized person. You further acknowledge and agree that LetsGetChecked and the Physician Group cannot guarantee the security and confidentiality of the unencrypted communications that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you.
All notices required or permitted under the Terms that you send to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for LetsGetChecked is Unit 6, Adelphi House, George’s St. Upper, Dun Laoghaire, Co. Dublin, A96 YX9N, Ireland. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 24 (Notices and Electronic Communications).
23. Assignment
We may assign the Terms or any part of them without restriction or condition. You may not assign or otherwise transfer the Terms or your rights under the Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
24. No Fiduciary Relationship
Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. Neither the Terms nor your use of our Services or Our Content create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.
25. Right to Monitor
We reserve the right, but are not obligated, to actively monitor the use of our Services and use any information gathered during such monitoring for any legally permissible purpose. Additionally, we may, at any time as we deem appropriate, remove any materials from our Services that, in our sole discretion, may be illegal, may subject us to liability, may violate the Terms, or are, in our sole discretion, inconsistent with our purpose for our Services.
26. Contact Us
If you have any concerns about material which appears on our Portal, please contact us.
27. Notices Regarding Apple and Google
This paragraph only applies to the extent you access or download any of our Apps from the Apple App Store. If you do so, you agree to Apple’s Licensed Application End User License Agreement, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (“Apple Terms”). These Terms govern if there is a conflict with the Apple Terms.
This paragraph only applies to the extent you acquire any of our Apps from the Google Play Store. If you do so, (i) you acknowledge that these Terms of Use are between you and us only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) LetsGetChecked, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
28. Definitions
“Account” means the account held by us in your name and which holds the information submitted by you to us;
“Cancellation Right” means your right to cancel an Order placed via the Websites, as described in Section 8(f);
“Content” means any item, data, material, information, software, images, photos, advertisements, trade mark or services mark, sounds, videos, marks, expressions, views or opinions, which appear on our Services;
“Cookies Policy” means our cookies policy that is available here;
“Intellectual Property Rights” means for the purposes of the Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;
“Order” means an offer by a user to purchase Testing Services and one or more Products from us via the Websites;
“Password” means your unique password which shall comply with the format specified by us from time to time, required to access and use your Account and our Services;
“Privacy Policy” means our privacy policy that is available here;
“Product” means a kit which enables you to take and store a sample of saliva, blood, urine, or stool, as appropriate for the type of kit purchased and as sold by us pursuant to the Terms;
“Sample” means a sample of saliva, blood, urine or stool, provided in accordance with the Product instructions pursuant to these Terms;
“Subscribe & Save” means a subscription service for the delivery of Products and the provision of Testing Services to you at specified intervals of time;
“Test Information” means the results from the Accredited Laboratory for the processed Sample, communicated to you by us via the Websites and our staff, as applicable;
“Testing Services” means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
“Virtual Care Services” means the products and services we provide to you in connection with your use of the Account that facilitates your access to and communication with your medical provider and related tools such as streamlined ordering of prescriptions drugs and other products; and
“You” or “your” means the user of our Services.