Brevitest Technologies, Inc.
Test-Results Portal User Agreement
This Test-Results Portal User Agreement (the “Agreement”) is a legally binding contract between you, the patient, and Brevitest Technologies, Inc., d/b/a Brevitest Laboratories, and its affiliates (collectively, “Brevitest,” or “we,” or “us”), regarding your access to and use of the Brevitest Test-Results Portal (the “Portal”), which is located on the Brevitest Results website (the “Website”).
WHEN YOU SELECT “I AGREE” OR CONTINUE TO ACCESS OR USE THE PORTAL, YOU AGREE TO BE BOUND BY THIS AGREEEMENT, WHICH (AS SET FORTH ABOVE) ALSO INCLUDES BREVITEST’S TERMS & CONDITIONS, AND WHICH GOVERNS YOUR ACCESS TO AND USE OF THE PORTAL.
- Purpose of the Portal. The Portal is provided by Brevitest to for your convenience, permitting you to easily store and access your laboratory test results within your Brevitest account. As addressed more fully below, you can also authorize others (like family members and health care professionals) to access information stored there. Remember that the information on the Portal or Website may not always be correct or up-to-date and that information is NOT intended to be, nor should it be, relied upon for diagnosis or treatment, for which you should instead consult your doctor or other appropriate health care professionals.
- Warnings about Information Provided through the Patient Portal. Do not regard information provided by Brevitest through the Patient Portal as health care or medical advice, diagnosis, or treatment, but instead seek the advice of your physician or other qualified appropriate health care or medical professional for any information about any health care issue, including health care advice, diagnosis, or treatment, like interpretation of the laboratory test results from Brevitest. Never fail to obtain or delay obtaining or ignore medical or health care advice because of information on the Portal.
- Acknowledgments & Confirmations When Using the Patient Portal. By accessing or using the Patient Portal, you acknowledge and confirm that (i) you are least 18 years of age and are a resident of the United States or one of its territories, (ii) you are not listed on any sanctions list published by any U.S. Government agency or state governmental body, (iii) you will comply with this Agreement, all applicable laws, and the Terms & Conditions, policies, and procedures provided or referenced herein when using the Portal, and (iv) Brevitest has the right to prevent delivery of any type of electronic communication to or from the Portal to protect our customers or the Portal itself, and to prevent any breach of this Agreement.
- Consent Regarding Electronic Communications. You agree and consent to Brevitest communicating information to you through electronic means, including by email and text messaging, unless you direct Brevitest otherwise in writing to:
Brevitest Technologies, Inc.
3900 Essex Ln, Suite 5757
Houston, Texas 77027
- Sharing of Information on the Patient Portal.
- When You Authorize Others to Access Your Information. You are permitted to authorize another person(s)—like a family member or health professional—to access your laboratory test results through the Portal. But by providing them such authority, you are confirming that you understand that providing access to such information permits them to use, disclose, distribute, share, display or transmit the information to others, including to the public. Do not provide this information to others if you do not want them to be able to share the information in these ways. You acknowledge and agree that the responsibility (i) for maintaining the confidentiality of your QR codes, test codes, bar codes, and password, and (ii) for all uses of your ID, test codes, bar codes, or password by you or any other person who you authorize, rests with you.
- When You are Authorized to Access Another Person’s Information. Others may grant you authorization to access their laboratory test results on the Portal (or other of their information on the Portal) or you may ask for permission to access another’s information on the Portal as in the case of your minor child. If you are given such access, you agree that you will only access such information to extent you have authorization or legal authority to do so, and you further agree not to disclose or transmit the information in any way that infringes the privacy or other rights of another person. If you access another person’s information from the Portal, you further agree to be bound by all terms of this Agreement in the same way and to the same full extent as the patient/customeruser of the Portal.
- Cautions about Data Contained in the Patient Portal. Be aware that the test results in your Patient Portal account at any given time may not be a complete collection of all the tests that have been performed by Brevitest, or all the information about tests in Brevitest’s system, due to delay or other reason.
- Revisions to the Agreement and the Portal. The terms of this Agreement may be revised by Brevitest at any time, and the changes become effective immediately upon providing you notice when you access or use the Portal or by sending notice of the revisions to contact information you have provided to Brevitest, and you agree to be bound by, and follow, those revised terms by not terminating your agreement promptly after receiving notice of the revisions. Brevitest may add, change, or delete features of the Portal at any time without notice.
Please especially note that you are bound by the following provisions: (i) the disclaimer and release of liability and limitation of right to recover damages and indemnification, (ii) the waiver of any warranty and the limitation of liability, and (iii) the arbitration provisions found in the paragraphs below, all of which limit your rights and remedies should disputes or claims arise related to this Agreement or the Portal.
- Disclaimer & Release of Liability; Limitation of Right to Recover Damages; Indemnification. Brevitest takes no responsibility and assumes no liability the use or disclosure of your information submitted and stored in the Portal, since you control the information in your Portal, including use or disclosure by those whom you have provided access to your laboratory test results or other information in your Portal. YOU AGREE TO HOLD BREVITEST AND ITS VENDORS, CONSULTANTS, THIRD-PARTY SERVICE PROVIDERS, AGENTS, AFFILIATES, AND SUPPLIERS (THE “BREVITEST PARTIES”) HARMLESS AND TO RELEASE THE BREVITEST PARTIES FROM ALL LIABILITY AND AGAINST ANY AND ALL ACTIONS, CLAIMS, OR DAMAGES RELATING TO ANY USE OR MISUSE OR YOUR PORTAL OR INFORMATION STORED IN YOUR PORTAL. YOU FURTHER EXPRESSLY RELEASE THE BREVITEST PARTIES AND TO INDEMNIFY AND HOLD THE BREVITEST PARTIES HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING FOR PROPERTY DAMAGE, PERSONAL INJUIRIES, AND/OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES IN ANY WAY RELATING TO ACCESS, USE, OR OPERATION OF THE PORTAL.
- No Warranty; Limitation of Liability and Damages. THE PORTAL AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES, INLCUDING IN, OR AVAILABLE, OR ACCESSIBLE THROUGH THE PORTAL, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED
THE BREVITEST PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE PORTAL AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PORTAL IS AT YOUR OWN RISK. ACCESS TO THE PORTAL MAY BE INTERRUPTED, AND THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL MAY NOT BE ERROR-FREE.
NONE OF THE BREVITEST PARTIES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, ADMINISTERING, OR DELIVERING THE PORTAL OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL ARE ACCURATE, RELIABLE, COMPLETE, OR USEFUL; THAT THE PORTAL WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS IN THE PORTAL OR INFORMATION STORED IN THE PORTAL WILL BE CORRECTED; OR THAT THE PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUTR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Brevitest makes no representations of any kind, expressed or implied (i) regarding the safety, accuracy, or efficacy of the Portal, or the information stored on the Portal; (ii) that the Portal will operate uninterrupted or error-free, or (iii) regarding any other subject matter of this Agreement.
NONE OF THE BREVITEST PARTIES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR INABILITY TO USE, THE PORTAL. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF A BREVITEST PARTY OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS HEREIN ARE FUNDAMENTAL TERMS OF THIS AGREEMENT AND THE PORTAL WOULD NOT BE OFFERED, PROPOSED, OR PROVIDED TO YOU ABSENT SUCH LIMIITATIONS.
- Termination, Storage & Backup of Data, and Prohibited Continued Use. You agree that you are solely responsible for copying, storing, and backing up the data you store on the Portal and that you will immediately stop accessing or using the Portal upon termination. This paragraph shall survive termination of the Agreement, as will the provision relating to your agreement to arbitrate any disputes in the following paragraph.
- Agreement to Arbitrate and to Waive Any Class Action Rights. YOU AND BREVITEST AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANYWAY TO THIS AGREEMENT OR TO THE PORTAL SHALL BE FINALLY AND CONCLUSIVELY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN BAR ASSOCIATION, USING A SINGLE NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATOIN ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE; AND THE ARBITRATION PROCESS AND RESULT IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN AN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER THIS AGREEMENT THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND BREVITEST AGREE THAT ANY IN-PERSON ARTIRAL HEARING WOULD OCCUR IN THE UNITED STATES IN THE SAME COUNTY AND STATE AS YOUR BILLING ADDRESS. BREVITEST FURTHER AGREES THAT YOUR FILING FEE FOR AN ARBIRATION WILL BE CAPPED AT THE AMOUNT SET BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPERTATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND BREVITEST ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR USE OF THE PORTAL. REGADLESS OF THE FORUM, YOU AND BREVITEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATION MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHEWISE PRESIDE OVER ANY FORM OF A REPSENTATIVE OR CLASS PROCEEDING. IF THIS SPECIIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
- Severability. If any part of this Agreement is held to be legally invalid or unenforceable, the other provisions of the Agreement remain in full force and effect. You further acknowledge that (i) any provision declared invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable, and (ii) after reasonable notice to you, Brevitest may, through amending the Agreement, replace any provisions in this Agreement declared invalid or unenforceable with a valid and enforceable provision that will achieve the purposes of such provision declared invalid or unenforceable in its sole discretion and you hereby agree to accept any such amendment and replacement.