Terms of Service

Last Updated: June 13, 2022

Please read these Terms of Service, our Privacy Statement, and our Notice of HIPAA Privacy Practices (“NPP”) carefully because they govern your use of our services, including the website, https://adxhealth.com/, and our policies relating to the same.

ADX HEALTH DOES NOT PRACTICE MEDICINE AND DOES NOT PROVIDE ANY FORM OF MEDICAL CARE OR MEDICAL ADVICE.

Definitions

  1. “ADx Health” means Affirmativ Diagnostics PLLC, a Washington professional limited liability company doing business as ADx Health, whose principal place of business is at 3560 Meridian Street, Suite 101, Bellingham, WA “Company” or “We” or “Us” or “Our” refers to ADx Health.
  2. “Client Portal” means the portal wherein you will register your testing kit, receive the results from your genetic and/or health testing, and sign up for the 15-minute consultation with a health care provider to go over your results from your genetic testing.
  3. “De-identified Information” means Personal Information that has been stripped of personal identifying information (g., name and contact information) such that the individual to whom the information pertains cannot reasonably be identified.
  4. “Personal Information”means information that can be used to identify you, either alone or in combination with other information. Personal Information does not include protected health information (“PHI”), which is governed by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and therefore is covered by the “NPP” instead, found at https://adxhealth.com/hipaa-notice-of-privacy-practices/.  ADx Health collects and stores the following types of Personal Information:
    1. “Registration Information”means information you provide about yourself when registering for and/or purchasing our Services (g., your name, email, address, user ID and password, and payment information).
    2. “User Content”means all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic and Health Information (meaning information regarding your genotype and/or health conditions generated through processing by ADx Health or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to ADx Health) and Self-Reported Information-generated by users of the Services and transmitted, whether publicly or privately, to or through ADx Health.
    3. “Web Behavior Information”is information on how you use the ADx Health website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
    4. “Aggregated Information”is Personal Information that has been combined with that the Personal Information of other individuals, but which has not had individual identifiers removed.
  5. “Service”or “Services” means ADx Health’s products, software, portals, services, and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless of whether the use is in connection with an account or not.
  6. “Website” means this website, https://adxhealth.com/, and any other websites owned and operated by ADx Health, pages, features, or content we own or operate.

Acceptance of Terms of Service

Your use of the Services (except as specified herein and excluding any service provided by ADx Health under a separate agreement) is subject to the terms of the legal agreement between you and ADx Health set forth in these Terms of Service together with any documents they expressly incorporate by reference (“Terms of Service”).

By using the Website and/or Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, and our Privacy Statement found at https://adxhealth.com/privacy-statement/, incorporated herein by reference. If you do not want to agree to these Terms of Service and/or the Privacy Statement, you must not access or use the Website or Services.  You acknowledge and agree that ADx Health will treat your use of the Services as acceptance of the Terms of Service and Privacy Statement from that point onwards.

In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. ADx Health may also offer other services from time to time that are governed by different terms of service.

Description of Services; Modifications of Services

The Services include access to the Website, our Client Portal, COVID-19 testing, and genetic and health testing and supporting services, including the collection and analysis of your sample.

Genetic testing may include:

  1. The GenoRisk test, which provides a genetic risk score based on the evaluation of multiple genes to establish your genetic risk for late-onset Alzheimer’s disease. Your individualized report will provide your personal GenoRisk score. Please refer to the FAQs on the GenoRisk page https://adxhealth.com/genorisk/ for additional information.
  2. The myGenoFit test, which is a genetic test for athletes at any performance level. Your personalized report will shed light on your athletic ability, trainability, and risk for injury, and provide actionable steps and recommendations to enhance your performance. Please refer to the FAQs on the myGenoFit page https://adxhealth.com/mygenofit/ for additional information.
  3. The PGxComplete test, which is an in-depth review of how your genetic makeup may affect your response to medications. Please refer to the FAQs on the PGxComplete page https://adxhealth.com/pgxcomplete/ for additional information.

If you purchase a genetic test kit, you have the option to attend a fifteen-minute telehealth consultation with a health care provider to review the results of your genetic testing. ADx Health does not control or interfere with the practice of medicine by health care providers, each of whom is solely responsible for the medical care and treatment he or she provides to you.

Unless explicitly stated otherwise, each new feature that enhances the current Services shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic and health research and technology in use by ADx Health at the time of the purchase, viewing, or other use. As research progresses and scientific knowledge and technology evolve, ADx Health is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ADx Health provides may change from time to time without prior notice to you.

ADx Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the ADx Health features or Services, and (ii) ADx Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Preconditions

Whether you submit your own sample or a sample for anyone for whom you have legal authority to agree, you may not use the Services and may not accept the Terms of Service if (1) you are not of legal age to form a binding contract with ADx Health, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

User Representations

By accessing ADx Health Services, you agree to, acknowledge, and represent as follows:

  1. You understand that information you learn from ADx Health is not designed to independently diagnose, prevent, or treat any condition or disease. You understand that ADx Health Services are intended for research, informational, and educational purposes only, and that while ADx Health information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by medical and clinical testing and information.  ADx Health urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your genetic testing.
  2. You give permission to ADx Health, its contractors, successors and assignees to perform genetic and/or health testing on the DNA extracted from your sample and you specifically request ADx Health to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
  3. You are eighteen (18) years of age or older if you are providing a sample.
  4. Any sample you provide is your sample; if you are agreeing to these Terms of Service on behalf of a person for whom you have legal authorization, you are confirming the sample provided will be the sample of that person.

Account Creation

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete.

You agree that all information other than PHI you provide to register for Services or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.  Your PHI is governed by the NPP.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this.

Payment

Our COVID-19, genetic, and health test kits require payment.  When you make a payment for any of our Services (each, a “Transaction”), you expressly authorize us and/or our third-party payment processor to charge you using the Payment Information (as defined below) for such Transaction.  We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (the “Payment Information”).  You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.  When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Type of Transaction you have selected (plus any applicable taxes and other charges).  You may need to provide additional information to verify your identity before completing your Transaction.  By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

We will issue a full refund for the test if your order is cancelled by 2:00pm PT on the same day it is ordered. If you cancel your order after 2:00pm PT that same day and before the test is performed, we will provide credit toward another test of your choice. To cancel your order and for all other related inquiries, please contact our Customer Support at support@adxhealth.com or 833-508-1703.

Sampling Processing

Failure to collect and timely return your specimen in strict compliance with the collection and shipping instructions may result in delays or in the inability to return a test result. ADx Health is not liable for any non-compliance with these instructions, or for delays or specimen loss due to shipping, transportation, weather or other uncontrollable events. For replacement testing, a new specimen may be required, and you may incur a replacement test kit fee.

Prohibited Uses

You agree to use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Website or Client Portal or interfere with any other party’s use of the Website or Client Portal.
  • Use any robot, spider, or other automatic device, process, or means to access the Website or Client Portal for any purpose, including monitoring or copying any of the material on the Website or Client Portal.
  • Use any manual process to monitor or copy any of the material used in the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Client Portal, the server on which the Website and/or Client Portal is stored, or any server, computer, or database connected to the Website or Client Portal.
  • Attack the Website and/or Client Portal via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website and/or Client Portal.

The Website

  1. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
  1. Accuracy, Completeness and Timeliness of Information on This Site

ADx Health is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

  1. Conduct on the Website 

Some features that may be available on this Website require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.

Some features on this Website require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify ADx Health immediately. ADx Health may assume that any communications ADx Health receives under your password have been made by you unless ADx Health receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, ADx Health and the ADx Health’s monogram/trademark. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without ADx Health’s express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without ADx Health ‘s express written consent.

ADx Health may monitor and, subject to its Privacy Statement, record activity on this website for any reason or for no reason and may investigate any complaint or reported violation of ADx Health’s policies. ADx Health may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate and may issue warnings, suspend or terminate use of this website, deny access to all or part of this website or take other action that it deems appropriate.

  1. Information About You and Your Visits to the Website

All information other than PHI we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information other than PHI in compliance with the Privacy Statement. The use of PHI is governed by the NPP.

  1. Links From the Website

This site may contain links to other websites, some of which are operated by ADx Health or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. ADx Health is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

  1. International Users

We control this Website from our offices within the United States for use only for services provided within the United States and Canada. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this Website from outside of the United States and Canada are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this Website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject.

Materials You May Submit

  1. User Contributions

You acknowledge that you are responsible for any material you may submit through this site or the Client Portal (“Client Contributions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site or the Client Portal any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify, defend, and hold harmless ADx Health in connection with all claims resulting from content you supply.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

If you do submit material, and unless we indicate otherwise, you grant ADx Health and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that ADx Health is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to ADx Health. You grant ADx Health and its affiliates the right to use the name you submit in connection with such material, if they so choose.

All Personal Information provided via this site will be handled in accordance with the Privacy Statement. PHI is governed according to the NPP.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  1. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Statement and our NPP.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Intellectual Property Rights; Trademarks

You acknowledge and agree that ADx Health (or ADx Health’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services.  You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

The Company name, the terms ADx Health, GenoRisk, myGenoFit, myHormoneIQ and PGxComplete, the ADx Health logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of ADx Health. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.  Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.

ADx Health, or its licensors or content providers, provide material to you under a license that is revocable at any time in ADx Health’s sole discretion. These Terms of Service permit you to use the Services for your personal, non-commercial use only. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, you must, at our option, return or destroy any copies of the materials you have made.  Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our agent (“Agent”):

General Counsel

Attn:  Barron Smith Daugert, PLLC
300 North Commercial
P.O. Box 5008
Bellingham, WA 98225-5008
360-733-0212

To be effective, your notification must (i) be in writing, (ii) be provided to our Agent, and (iii) include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ADx Health is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADX HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIT ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
  2. ADX HEALTH MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADX HEALTH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
  5. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. ADX HEALTH DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, ADX HEALTH SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
  6. ADX HEALTH IS NOT PROVIDING MEDICAL TREATMENT OR ADVICE, AND YOU ARE AND WILL REMAIN RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL CARE. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, ADX HEALTH DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ADX HEALTH OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  BY USING THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER.

LIMITATION OF LIABILITY; LIMITATION ON TIME TO FILE CLAIMS

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ADX HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING $1,000 OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADX HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification 

You agree to indemnify, defend and hold harmless ADx Health and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Services, your User Content, or your violation of these Terms of Service.

Jurisdiction and Applicable Law

The laws of the State of Washington govern these Terms of Service and your use of the Services, and you irrevocably consent to the jurisdiction of the courts located in Whatcom County, Washington for any action arising out of or relating to these Terms of Service.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the State of Washington and of the United States and Canada. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Force Majeure

ADx Health shall not be liable for any failure to perform any of its obligations under these Terms of Service if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of ADx Health, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department, or other entity or act of God. In such an event, ADx Health may elect to cancel your order and refund any payments made.

No Medical Advice 

The information supplied through our Services, or by any employee or agent of ADx Health, whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only and does not constitute medical, legal, or other professional advice. Health-related information provided through this Website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medication, medical devices, or other remedies. The information provided through our Services may be presented in conclusory, shorthand, or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product.

The receipt of any questions or feedback that you submit to ADx Health does not create a professional relationship and does not create any privacy interests other than those described in the Privacy Statement and the NPP.

YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE AND CAREFULLY READ ALL INFORMATION PROVIDED BY A PROVIDER PRIOR TO REQUESTING SERVICES OR OBTAINING A PRODUCT FROM ADX HEALTH.

Notice to Medicare Beneficiaries and Patients with Other Insurance Coverage

Medicare, insurance companies and other payors may not pay for the Services and you will have to pay for those items out of your own pocket. If you believe that any of the Services may be reimbursable through your insurance policy or coverage, please contact your insurance company.

Termination

  1. Violation or Suspected Violation of Terms of Service

If you violate the terms of these Terms of Service and/or ADx Health has a reasonable ground to suspect that you have violated the terms of these Terms of Service, ADx Health has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).  Termination of your access or use will not waive or affect any other right or relief to which ADx Health may be entitled at law or in equity.

  1. Cancel Account

You may cancel your account at any time by sending us an email at support@adxhealth.com. It may take us up to thirty (30) days from the date that we begin processing your request to deactivate your account. If you choose to deactivate your account, your sample(s) and Personal Information will no longer be shared for research (if you have opted into such research or sample storage); and ADx Health will not provide you with any of the Services going forward (including, without limitation, any results that have not yet been reported, or any updates or changes to your results). Although ADx Health can remove your information from its active databases, some or all of your information from deactivated accounts will remain in ADx Health’s inactive database for compliance with legal and regulatory requirements. Please also note that information that has already been de-identified, anonymized, aggregated, published, and/or shared with third parties as set forth in the Privacy Statement prior to an account deactivation request may not be retrievable or traced back for destruction, deletion, or amendment.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately after we post them and apply to all use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently, each time you use our Services, so you are aware of any changes, as they are binding on you.

In the event we make material changes to the Terms of Service, notice of the changes will be posted on the homepage of this Website. However, such changes will not be effective retroactively—that is, with respect to activities before we posted the changes—except to the extent that the changes expressly state otherwise.

Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this Website or use the Services.

How to Contact Us; Complaints

If you have any questions or comments about these Terms of Service or this Website, or if you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your questions, comments, and/or concerns. Our contact information is:

By Mail:

ADx Health
Attn: General Counsel; Barron Smith Daugert, PLLC

 

300 North Commercial

P.O. Box 5008

Bellingham, WA 98225-5008
By Telephone: General Counsel at 360-733-0212

 

Miscellaneous

  1. Entire Agreement and Admissibility

These Terms of Service together with the Privacy Statement constitute the entire agreement and understanding between you and ADx Health with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Severability

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

  1. Waiver

No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. Assignment

You shall not transfer or assign any rights or licenses granted to you pursuant to these Terms of Service, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect.

  1. Third-Party Beneficiaries 

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.

  1. Electronic Communications 

You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.