Terms and Conditions

Brevitest Technologies, Inc.

Terms & Conditions for Access & Use of Brevitest’s Websites

  1. Scope of these Terms & Conditions. These Terms and Conditions apply when you access or use the websites, brevitest.com or www.brevitest-results.com, or any other website or other online applications (i.e., apps) operated by Brevitest Technologies, Inc., d/b/a Brevitest Laboratories, or its subsidiaries or affiliates (collectively, “Brevitest”).  All these websites and apps, along with the services provided in, through, and by them are referred to collectively as the “Websites.”  Your access and use of the Websites, including Brevitest applications, are subject to these Terms and Conditions.  So, please read them carefully. You acknowledge that you understand and that you are bound by these Terms and Conditions when you access or use the Websites, including Brevitest online applications.
  2. Privacy Policy and HIPAA Notice of Privacy Practices. Brevitest’s Privacy Policy, Privacy Policy (the “Privacy Policy”), and, its separate HIPPA Notice of Privacy Practices, Privacy Practices (the “Notice”), related to protected health information (PHI). The Privacy Policy and Notice are hereby expressly incorporated by this reference as if stated herein and constitute an important part of these Terms & Conditions.
  3. Disclaimer of Websites’ Content. The Websites provide information and services related to diagnostic health testing.
    1. If you are a health care provider, you should use your own clinical judgment when using the content of our Websites.
    2. If you are a Brevitest patient or healthcare consumer, you should not use information found on the Websites, including information provided to you about laboratory test results, to replace a relationship with your physician or other health care professional, and you should not rely on that information as professional medical advice.  Do not delay obtaining health care advice, or ignore such advice, because of information on the Websites or information that you otherwise receive from Brevitest.  Instead, always seek the advice of your physician or other health care professional concerning questions about a medical condition or about beginning, stopping, or altering a medical treatment or medication. Should you experience a medical emergency, seek immediate assistance from qualified providers.
    3. Brevitest intends that the information and services on the Websites and otherwise from Brevitest are solely for general educational purposes and are not medical or health care advice for any individual ailment or situation nor are they a substitute for medical or other professional advice or services from a qualified health care professional familiar with your medical history.  Use of the information or services on the Website, or otherwise from Brevitest, does not create a physician-patient relationship.  Brevitest also does not intend that any information contained on the Websites or otherwise provided by Brevitest is to be used for medical diagnosis or treatment.  You acknowledge and agree that Brevitest has not represented that the content provided through its Websites has the ability to diagnose a disease, prescribe treatment, or perform any other tasks that make up the practice of medicine.
    4. The information on the Websites or other information provided by Brevitest should not be considered error-free or as a comprehensive source of information on a particular subject.  Brevitest makes no warranties or representations as to the accuracy of the content on the Websites, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information on the Websites.  Additional disclaimers and clarifications may appear in revised versions of these Terms & Conditions, the Test-Results Portal User Agreement, the Privacy Policy, the Notice (HIPAA), or the Websites, and your use of the Websites will be subject to these additional disclaimers and clarifications. You assume the entire risk of loss in using the Websites and the information appearing in the Websites.  Furthermore, Brevitest services and other information on the Websites is subject to change without notice.
  4. Intellectual Property, including Trademarks & Copyright.
    1. Laws that protect intellectual property, including copyrights, trademarks and patents prohibit accessing, downloading, or printing information on the Websites for use other than noncommercial purposes of scientific educational advancement and within the scope of these Terms & Conditions.  Other uses require the permission of Brevitest.  Any unauthorized use of the words or images of the Websites may violate these laws, or the laws of privacy. None of the names, trademarks, service marks, or logos appearing on the Websites may be used in advertising or indicate sponsorship of or affiliation with any product or service of Brevitest. No statement or representation on the Websites should be interpreted as giving, implicitly, by estoppel or by waiver or otherwise, any license or right to use any names, trademarks, service marks, or logos without written permission of Brevitest or the third-party owner of the name, trademark, service mark, or logo.  You should not link to the Websites nor use Brevitest’s name, trademark, service marks, logos, or otherwise refer to Brevitest in any public communication
  5. Right to Revise These Terms & Conditions.
    1. These Terms & Conditions may be changed by Brevitest at any time, without notice, and the changes become effective immediately upon publications on the Websites.  You agree to read these terms periodically and be bound by them by proceeding to use or access the Websites.
  6. Information Provided by Users.
    1. Accurate & Updated User Information. You agree to provide only accurate and updated information to Brevitest and to revise and update the information to keep it accurate and updated.  Brevitest reserves the right to terminate or suspend your account on the Websites if you provide information that is false or incomplete, and to refuse you further access to the Websites or the services of Brevitest.
    2. What the User Represents & Warrants about Information They Provide. You represent and warrant the following.  All the information (i.e., content) that you provide through the Websites, including information you share or make available to other users of the Websites, is the responsibility of you or the person where the information originated, including any information that is posted, published, displayed, or transmitted.  So, Brevitest is not responsible for this information.  We do not control this content and thus do not guarantee the accuracy, integrity or completeness of the content.  You acknowledge that Brevitest is not liable for any loss or damages of any kind resulting from, or relating to, any content posted, published, displayed, or transmitted by users, on the Websites including any errors, omissions, or indecent or objectionable content provided by users. By posting, publishing, displaying or transmitting content through the Websites, you represent and warrant that you own or control all rights, title, and interest in the content, including all “moral rights” you have in such contents, and that all content you post, publish, display or transmit to the Websites does not violate these Terms & Conditions and will not breach or violate any contract to which you are currently bound or become bound in the future or constitute a default any such contract or violated any law or cause injury to a person, and that you are at least 18 years old at the time you post, publish, upload, or otherwise transmit such content on or to the Websites.
    3. User’s Grant of a License to Brevitest for Certain User Content and Brevitest’s Right to Use Such Content. By posting or otherwise making user content available to Brevitest, you grant a perpetual, worldwide, non-exclusive and royalty-fee license to use, reproduce, display, perform, adapt, modify, publish, create derivative works from, or distribute such content in whole or in part in any form, medium, or technology without compensation to you.  Brevitest or others may cite your name or other identifier you provided when posting content, and you acknowledge that our publication and use of such content will not infringe or violate intellectual property or other rights of you or a third-party.  This section does not apply to content that is PHI that you upload or post to the Websites.
    4. Brevitest’s Discretion Regarding User-Provided Content. Brevitest may use content that you upload, post, transmit, publish or otherwise make available through the Websites in accordance with our Privacy Policy and HIPAA Notice of Privacy Practices (with links to both provided above in these Terms & Conditions), including with respect to PHI.  Brevitest may in its sole discretion change, delete or refuse to post any content on the Websites.  None of the content you provide to the Websites (or to Brevitest otherwise) shall create an obligation of confidence of Brevitest, its agents, partners, vendors, consultants, or third-party service providers and their respective directors, officers,  employees, and agents.
    5. User’s Registration & Passwords. You may have to register and submit a password prior to being permitted access to certain parts of the Websites.  You agree that you are responsible for maintaining the confidentiality of your password and any QR codes, test codes, or bar codes provided to you by Brevitest for all purposes.  You agree to notify Brevitest immediately of any unauthorized use of your account with Brevitest, or your password, any QR codes, test codes, or bar codes, or for any other actual or potential breach of security relating to the Websites.  You understand that you may be held liable for any loss or harm to Brevitest or other persons or entities arising from unauthorized use of these passwords or codes, or your account with Brevitest that results from your failure to maintain this confidentiality and security of this information.
  7. Use of Websites by Health Care Providers and Health Plans. Health care providers or health plans represent and warrant, when providing information on the Websites, that they will comply with applicable laws and regulations, including HIPAA and any other privacy and data security laws, and that they have all required authorizations and consents for all information they provide to Brevitest.
  8. Restrictions, Rules & Policies of User Conduct. All users of the Websites agree to comply with all laws, rules, and regulations applicable to the use of the Websites, plus all users agree NOT to:
    1. Upload, post, email, transmit, or otherwise make available any content on the Websites, including any apps, that:
      1. Is known to be false, inaccurate, of misleading;
      2. Violates any law, statute, ordinance, or regulation, including those governing consumer protection, unfair competition, false advertising, anti-discrimination, or export control;
      3. Is considered to be harmful, threatening, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable, or that harms minors in any way;
      4. You do not have a right to make available under any law or under contractual or fiduciary relationships, like insider information or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements;
      5. Infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of anyone or any entity;
      6. Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
      7. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    2. Manipulate headers or identifiers to disguise (or attempt to disguise) any content transmitted in connection with the Websites;
    3. Interfere with or disrupt the operation of the Websites or server networks connected with the Websites, or disobey any requirements, procedures, policies, or regulations of networks connected with the Websites;
    4. Take any action that interferes with the proper working of the Websites, compromises the security of the Websites, or otherwise damages the Websites or any materials or information available on or through the Websites;
    5. Attempt to gain unauthorized access to (i) any portion or feature of the Websites, (ii) any other systems or networks connected to the Websites, (iii) any of Brevitest’s servers, or (iv) any of the services offered on or through the Websites, including but not limited to “hacking,” password “mining,” or any other unauthorized means;
    6. Probe, scan, or test the vulnerability of the Websites or any network connected with the Websites or bypass the authentication measures on the Websites or any network connected to the Websites;
    7. Use any automated means to collect information or content from or otherwise access the Websites, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without prior permission from Brevitest;
    8. Harvest or otherwise collect and store information about other users of the Websites, including email addresses;
    9. Install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device.
  9. Content Owned by Non-Brevitest Parties and Links to Their Websites or Apps. The Websites may contain links to content owned by non-Brevitest third-parties and may include hypertext links to such content and apps. Brevitest has no control over such websites or apps and, therefore, Brevitest does not endorse, sponsor, recommend or otherwise accept responsibility for liability or such third-party owned websites, online applications, or online services, including any responsibility or liability (i) relating to any allegation that any third-party owned content infringes the intellectual property of any person or (ii) arising from any information or opinion contained in the third-party owned content, including any third-party owned website or online application linked to the Websites. You acknowledge that Brevitest has no responsibility or liability for the content on these third-party websites or online applications when you access or use them, including specifically if and when you access them through hyperlinks or other methods from the Brevitest Websites.
  10. News and Press Releases. News and press releases may appear on the Websites, and you acknowledge that Brevitest has no duty to maintain the accuracy of or update such information and that your reliance on such information is at your own risk.
  11. Operation of the Websites. Brevitest reserves the right at any time and its sole discretion without notice to (i) terminate or suspend your access to the Websites, including if you violate the terms of these Terms & Conditions, (ii) change the Websites, or (iii) suspend the regular operation of one or more of the Websites as necessary, including to perform maintenance, to correct error, to fix other problems, or to make changes.
  12. Disclaimer of Warranties; Limitation of Liability; Indemnification. BREVITEST, ITS SUPPLIERS, AGENTS, AFFILIATES, PARENT ENTITY, AND ANY OF ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.  ACCESS TO THE WEBSITES MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE.  NONE OF BREVITEST, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED IN THE WEBSITES ASSUMES ANY LIABILITY OR RESPONSIBILIYT FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, OR MATERIALS PROVIDED ON THE WEBSITES, INCLUDING ANY APPS; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, INCLUDING ANY APPS.  ALL INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EXPERSS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT TO ABIDE BY THESE TERMS & CONDITIONS AND THAT THE WEBSITES, INCLUDING ANY APPS, WOULD NOT BE PROVIDED TO YOU ABESENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE TO INDEMIFY AND HOLD HARMLESS BREVITEST, ITS SUPPLIERS, AGENTS, AFFILIATES, PARENT ENTITY, AND ANY OF ITS THIRD-PARTY SERVICE PROVIDERS AND THE RESPECTIVE SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, SERVANTS, INSURERS, AND REPRESENTATIVES OF EACH FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) RELATED TO (i) YOUR VIOLATION OF THESE TERMS & CONDITIONS, OR (ii) YOUR POSITING OF MATERIAL ON THE WEBSITES OR ANY OTHER USE OF THE WEBSITES OR YOUR VIOLATION OF THIRD-PARTY RIGHTS.
  13. Severability. If any part of these Terms & Conditions is held to be legally invalid or unenforceable, the other provisions of the Terms & conditions remain in full force and effect.  User further acknowledges that (i) any provision declared only invalid or unenforceable in part or degree will remain in full force and effect to the extent not held invalid or unenforceable, and (ii) Brevitest may replace any provisions 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 that the user hereby agrees to such amendment and replacement.
  14. Applicable Law & Legal Forum. These Terms & Conditions, and any disputes or matters relating to a user’s access to or use of the Websites, shall be construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of laws, and any dispute relating to the Terms & Conditions or the use of the Websites shall be resolved exclusively by the state and federal courts in Harris County, Texas. Accessing and using the Websites is appropriate only where such access and use is appropriate and legal, and accessing the Website or its contents where either is illegal is prohibited.  Those who access the Websites from other locations do so by their own initiative and are responsible for compliance with local laws.
  15. Termination. Brevitest may terminate access to the Websites as to anyone or as to a specific user without notice, and you hereby acknowledge Brevitest’s unconditional right to do so.
  16. How to Contact Brevitest. Please call or email Brevitest with any questions, comments, or complaints:

            Brevitest Technologies, Inc.

            3900 Essex, Ste. 575

            Houston, Texas 77027

            713-966-5844

            brevitest_info@brevitest.com

    These Terms & Conditions were last updated on September 16, 2021.