IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CHECKING THE BOX, IT IS A LEGALLY BINDING AGREEMENT. BY USING THE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT ORDER ANY LAB TESTS.
This Patient Agreement (the “Agreement”) is made between you, the patient (“You”), and PFAS.report (“PFAS.report”). This Agreement governs Your use of PFAS.report services (the “Services”).
As a condition to Your use of the Services, You agree as follows:
Background. Provided You are at least 18 years old and in full compliance with this Agreement and other requirements of PFAS.report, PFAS.report will provide You with the Services outlined on the PFAS.report website. The Services include allowing You to purchase medical laboratory services via the PFAS.report website (“Your Website”) and receiving results from your laboratory medical services via email. You will receive a receipt for Your lab tests including the amount You paid. PFAS.report does not accept insurance or file insurance claims. This prohibition applies whether the insurance program is private (such as Aetna, Blue Cross Blue Shield, United Healthcare, etc.) or public (such as Medicare or Medicaid or any other state or federally funded health plan or program). You may not change any PFAS.report order, including without limitation adding/deleting tests or requesting STAT or other services not included in the test Requisition. You may also utilize the Services on behalf of a minor provided that you are a custodial parent or legal guardian of the minor.
CHARGES FROM PFAS.REPORT MAY NOT BE SUBMITTED FOR REIMBURSEMENT FROM ANY INSURANCE OR OTHER HEALTH CARE BENEFIT PROGRAM OR PAYOR.
No Medical Advice. PFAS.report may provide general information related to various medical conditions and their treatment. Such information is provided for informational purposes and for your general interest only. Such information is not intended to be a substitute for medical advice, diagnosis or treatment provided by a doctor or other qualified healthcare professional (“Healthcare Professional”). PFAS.report is not a Healthcare Professional. You should not use the information contained in the PFAS.report website for diagnosing or treating a health condition, problem or disease. Please consult with Your Healthcare Professional to see if any information presented on the PFAS.report website is appropriate for You. PFAS.report does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his/her services and compliance with the requirements applicable to his/her profession and license. DO NOT USE YOUR WEBSITE IN THE CASE OF EMERGENCY – IMMEDIATELY CONTACT YOUR HEALTHCARE PROFESSIONAL OR CALL 911.
Your Information. You represent and warrant that the information used to register as a patient is, and will at all times be, true, accurate and complete. PFAS.report will maintain Your registration and health information, test results, records regarding Your order of Services and all other information collected by PFAS.report from You (collectively “Your Information”) in an computer database maintained by PFAS.report. The servers which house the database may be hosted by third party providers. PFAS.report may use Your Information in accordance with this Agreement, the Notice of Privacy Practices attached as , and the following terms, conditions and policies which are also available on the PFAS.report website:
To the extent required by law for You to receive Your test results from the testing laboratory, You hereby: (a) request that the testing laboratory send a copy of the test results to You via email and (b) authorize PFAS.report to convey such request to the testing laboratory.
Notices. You authorize PFAS.report to provide You notices of any kind, including notices of critical laboratory tests results and those required under HIPAA (defined below), to any contact destination you have given PFAS.report such as by email, telephone, cellular phone, text message or similar mode. This authorization includes leaving messages for You at such contact destinations. PFAS.report uses reasonable safeguards and precautions to protect the privacy and security of your personal information. You further understand that there are risks presented by using the Services including risks related to Your receipt of information about Your health (such as genetic or metabolic characteristics), risks include receiving information You may prefer not to know, which may indicate conditions or problems that may be upsetting to You or even incurable, and You assume those risks.
Follow-up with Healthcare Professional or Public Health Agency. You represent and warrant that: (a) You will contact a Healthcare Professional and/or Public Health Agency if, and in such time and manner as, You are requested to do so by PFAS.report; (b) You will never delay seeking advice from Your primary care physician or other Healthcare Professional due to information provided through PFAS.report; and (c) You will seek emergency help when needed, within the recommended time frame, and continue to consult with Your primary care physician as recommended by him/her or other Healthcare Professional.
HIPAA and Consent. While PFAS.report is committed to protecting the privacy and security of your personal information, You acknowledge that PFAS.report may not be a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), and therefore may not be subject to HIPAA’s requirements.
No Warranties. THE PFAS.REPORT WEBSITE (INCLUDING ANY PFAS.REPORT CO-BRANDED WEBSITE), YOUR PATIENT WEBSITE AND THE SERVICES ARE ALL PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER PFAS.REPORT NOR ANY THIRD PARTY AFFILIATE MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THE USE OF THE WEBSITE, YOUR WEBSITE OR THE SERVICES, OR AS TO THEIR ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS; AND ALL SUCH MATTERS ARE SUPPLIED “AS-IS”.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PFAS.REPORT OR ITS THIRD-PARTY AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND. NEITHER PFAS.REPORT, NOR ITS THIRD-PARTY AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, MANAGERS, EMPLOYEES OR AGENTS MAY BE DEEMED LIABLE FOR THE ACTIONS OR OMISSIONS OF PFAS.REPORT’ THIRD-PARTY MEDICAL TESTING LABORATORIES, HEALTHCARE PROFESSIONALS AND SERVICE PROVIDERS, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PFAS.REPORT AND/OR ITS THIRD-PARTY AFFILIATES ARISING FROM OR RELATING TO THE SERVICES.
Changes to Terms and Conditions. This Agreement constitutes the entire agreement between You and PFAS.report regarding the Services. PFAS.report may amend this Agreement at any time by providing written notice of such amendment at least fifteen (15) days prior to the effective date of such amendment. Your continued use of the Services under this Agreement following the effective date of any such amendment constitutes Your affirmative agreement to the terms of such amendment. Your sole remedy in the event that You reject an amendment is to terminate this Agreement. This Agreement will not be deemed to be changed, modified or altered by reason of any comments, suggestions, directions or guidance offered to PFAS.report.
Termination. You may terminate this Agreement at any time on written notice with or without any reason; and PFAS.report may terminate this Agreement at any time with or without any reason and with or without notice. Upon termination, Your access rights to the Services shall terminate. All Sections of this Agreement which by their nature survive termination of this Agreement shall survive. Termination of this Agreement is Your sole right and remedy with respect to any dispute with PFAS.report; this includes without limitation any dispute related to, or airing out of: (a) this Agreement or PFAS.report’ enforcement or application of this Agreement; (b) any policy or practice of PFAS.report or PFAS.report’ enforcement or application of these policies; (c) Your ability to access and/or use the Services; (d) any PFAS.report software or services provided by or through PFAS.report; or (e) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
Arbitration Agreement. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against PFAS.report on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against PFAS.report, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against PFAS.report by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against PFAS.report.
Agreement to Binding Arbitration Between You and PFAS.report. Except as expressly provided below in Section 2.4, you and PFAS.report agree that any dispute, claim or controversy in any way arising out of or relating to (i) this Agreement and prior versions of this Agreement, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with PFAS.report, will be settled by binding arbitration between you and PFAS.report, and not in a court of law. This Agreement survives after your relationship with PFAS.report ends.
You acknowledge and agree that you and PFAS.report are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.
Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against PFAS.report. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against PFAS.report and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, PFAS.report agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 4.3, which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.
Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement is applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and PFAS.report agree that the arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in the Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept this Medical Service Agreement.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Agreement, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and PFAS.report each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notices to PFAS.report must be sent to the Meters Per Second Inc, ATTN Legal Department, 276 Fifth AVE STE 704, New York, NY 10001. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.
Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against PFAS.report must send the written Demand for Arbitration to the Meters Per Second Inc, ATTN Legal Department, 276 Fifth AVE STE 704, New York, NY 10001. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA's National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure. Unless you and PFAS.report otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PFAS.report submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you may seek an award of attorneys' fees and expenses to the extent permitted under applicable law. The PFAS.report will not seek, and hereby waives all rights PFAS.report may have under applicable law to recover attorneys' fees and expenses if PFAS.report prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Right To Opt Out Of The Arbitration Provision. You may opt out of the Arbitration Provision contained in this Section 14 by notifying PFAS.report in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to [email protected] in the following format; “I, a user of PFAS.report, hereby opt-out of the arbitration agreement for the PFAS.report website to the fullest possible extent. My name is [full name], the email address associated with my account is [email address] and I reside in [primary address]. I ordered and paid for my test on [Date]”. All correspondence should use this format and be emailed within 30 days of accepting this Agreement. Opting out of this Arbitration Provision will not affect any other terms of this Agreement nor will it affect any other agreements between you and PFAS.report or you and PFAS.report.
If you do not opt out as provided in this Section 2.10, continuing your relationship with PFAS.report constitutes mutual acceptance of the terms of this Arbitration Provision by you and PFAS.report. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.
Severability. If any provision of this Agreement or the application of any such provision to any party or circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstances other than those to which it is so determined to be invalid and unenforceable, shall not be affected thereby, and each provision hereof shall be validated and shall be enforced to the fullest extent permitted by law.
Binding Agreement. This Agreement is between You and PFAS.report only, and may not be deemed to create any right in any third party. This Agreement shall be binding upon each party’s respective successors, trustees, assigns and heirs. You may not assign this Agreement or any portion of it. PFAS.report may assign this Agreement with or without notice to You. The headings in this Agreement are inserted for convenience only; the provisions of this Agreement shall control.
Electronic Signature Binding. Clicking the acceptance button to this Agreement, or otherwise submitting Your electronic signature, shall be deemed to have the same effect as Your original signature.
Refunds. Lab requisitions ordered through PFAS.report are non-refundable. It is up to the individual user to schedule their appointment and complete their draw at an eligible Quest Diagnostics Patient Testing Center in a timely manner. Currently, we only support draws in the following states:
California
Lab requisitions expire within 6 months of their generation date. If a user fails to complete their testing within this timeframe, we will not reissue a new one. If, due to technical error or a clerical mistake, a user fails to receive their original lab requisition, PFAS.report will generate a new order upon request.
As a technology company operating in California, we take data privacy and protection very seriously. In compliance with the new California data privacy law, we have updated our terms of service to ensure that our customers' personal information is collected, processed, and used in a transparent and secure manner.