Acceptance Of Terms And Conditions
By purchasing or using any products offered by Confirm BioSciences, Inc. and HealthConfirm (collectively “HealthConfirm.us, “MyHealthConfirm.com” or “We”) on the website (the “Website”) or by accessing, browsing and using the Website you agree to be subject to the following terms and conditions (“Terms and Conditions”). We reserve the right to update or modify these Terms & Conditions or to update or modify the Website without prior notice. If you do not wish to be bound by any of these Terms and Conditions, you may not use the Website or the services. If you do not agree to these Terms & Conditions, please do not use this website.
Preliminary Screening Purposes Only
All testing products offered on HealthConfirm are solely for preliminary screening purposes, and are provided for the purpose of initial screening of health and/or other diagnostics. Although we stand by our products and strive to offer products with the highest level of reliability, the testing products and services offered by HealthConfirm are not meant to substitute professional testing. The test kits offered by HealthConfirm are not intended to replace professional health, legal, regulatory, veterinary or environmental services. HealthConfirm shall have no duty to (a) provide any medical advice or warnings to the person who provides the sample or specimen, (b) maintain a chain of custody for the sample or test results, (c) retain samples, (d) testify in court, or (f) respond to questions from persons who have provided a sample or specimen. If HealthConfirm or the laboratory used by HealthConfirm, if any, or any of their respective officers, directors, shareholders, employees, agents, representatives, contractors, successors or permitted assigns is compelled to testify or provide records by subpoena, court order or government order, then you agree to promptly pay the fully burdened hourly rate for the person testifying plus the hourly rate for HealthConfirm’s attorney who accompanies the person testifying or providing records.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY CONFIRM BIOSCIENCES,INC. and HealthConfirm (collectively “HEALTHCONFIRM.US”, “MYHEALTHCONFIRM.COM”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEALTHCONFIRM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY HEALTHCONFIRM WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER’S OPTION, REFUND OF THE PURCHASE PRICE. SELLER SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY HEALTHCONFIRM.
ASSUMPTION OF THE RISK, WAIVER AND RELEASE OF LIABILITY
YOU ARE ACCESSING, USING OR BROWSING THE WEBSITE AT YOUR OWN RISK. YOUR USE OF PRODUCTS PURCHASED FROM THE WEBSITE ARE UNDER YOUR SOLE CONTROL. YOU HEREBY ASSUME ALL RISKS AND RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST HEALTHCONFIRM AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, AFFILIATES, SUCCESSORS AND ASSIGNS FOR (A) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOU ACCESSING, USING OR BROWSING THIS WEBSITE OR DOWNLOADING ANY MATERIALS OR CONTENT CONTAINED IN THIS WEBSITE, (B) ANY INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY ACCESS LINE OR SYSTEM FAILURE, OR (C) DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE OR PURCHASE OR USE OF PRODUCTS FROM THIS WEBSITE. WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF HEALTHCONFIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HEALTHCONFIRM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO USE OF THE WEBSITE, USE OR PURCHASE OF HEALTHCONFIRM PRODUCTS AND SERVICES, AND/OR YOUR BREACH OF ANY PROVISION OF THESE TERMS & CONDITIONS.
Any and all controversies, claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in the County of San Diego, State of California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney admitted to practice law in the State of California with at least fifteen (15) years of business law experience. The award rendered by the arbitrator shall be final and non-appealable and may be entered as a final judgment in any court having jurisdiction thereof. The award of the arbitrator shall be in the form of findings of fact and conclusions of law and shall set forth in detail the legal and factual basis of the decision. EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT BY ENTERING INTO THIS AGREEMENT WITH THE FOREGOING ARBITRATION PROVISION THAT THEY ARE GIVING UP THEIR RIGHT TO TRIAL BY JUDGE AND JURY AND GIVING UP THEIR RIGHT TO APPEAL.
When you register on the Website, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by HealthConfirm (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Website will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. HealthConfirm reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information. In no event and under no circumstances shall HealthConfirm be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
The services and products we offer are not available for use by children, under the age of 18. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions.
User Access Rights
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the services solely for your personal non-commercial use and only as permitted under these Terms and Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Website or services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (b) use the Website or services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website or services; (d) distribute viruses or other harmful computer code through the Website or (e) otherwise use the services or Website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with employees and agents of HealthConfirm through the Website. We strongly recommend that you do not use the services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
Ownership Of Content
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website except as generally and ordinarily permitted through the Website according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Certain of the names, logos, and other materials displayed on the Website or in the services may constitute trademarks, trade names, service marks or logos (“Marks”) of HealthConfirm or other entities. You are not authorized to use any such Marks without the express written permission of HealthConfirm. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. HealthConfirm may suspend or terminate your use of the Website, your Account and/or registration for any reason at any time. Subject to applicable law, HealthConfirm reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After such termination, HealthConfirm will have no further obligation to provide the services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right To Modify
We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the Website and/or services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes.
HealthConfirm makes no representation that all products, services and/or material described on the Website, or the services available through the Website, are appropriate or available for use in locations outside the United States or all territories within the United States.
Availability Of Products
HealthConfirm makes no claim or guarantee as to the availability of any specific product. Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).
You may not assign or delegate your rights or responsibilities under these Terms and Conditions without the express prior written consent of HealthConfirm.
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however that recipients of HealthConfirm products or services shall become subject to these Terms and Conditions.
HealthConfirm has the right to merge accounts that use the same company information or close accounts that have been inactive for a period of 60 days.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
These Terms and Conditions shall be governed by and interpreted pursuant to the laws of the State of California without reference to principles of conflicts of laws.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, HealthConfirm has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Confirm BioSciences, Inc., 10123 Carroll Canyon Rd. San Diego, CA 92131.
Type Of Information Collected
Use Of Information
HealthConfirm may use your personal identifying information to identify you as a user of the Website and to assist and speed the completion of online transactions. We may use your email address to contact you regarding services or products we believe may be of interest to you. We may associate your personal identifying information with the information we collect about your preferences and activities at the Website, such as the particular pages you request and purchases or other transactions you affect through the Website. We may vary the content you receive in future visits to the Website based on your preferences and activities.
We may combine your personal identifying information, and information about your preferences and activities, with those of all or a particular group of users to prepare collective profiles of our users and their activities. For example, we may track the number of users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our Website in a particular geographic region. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality through more accurate marketing and advertising of our Website.
We may share customer information with third parties to perform services on our behalf.
Disclosure Of Information
Unless otherwise set forth herein, we will only provide your personal identifying information, and information about your activities and preferences, to other companies with your permission. We may provide other companies with collective profiles of our user groups and their activities and preferences. Such collective profiles may also be disclosed in describing our Website and services to prospective partners, advertisers, and other third parties, and for other lawful purposes. We may disclose information to fulfill certain legal and regulatory requirements, or if we believe in good faith, that such disclosure is legally required or necessary to protect others’ rights or to prevent harm.
Please note we need to have your valid phone number so we have a method of contact if there is a problem with your order.
Privacy Of “Confidential Testing Information”
HealthConfirm will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter “Confidential Testing Information”). Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.
Except as set forth herein, HealthConfirm will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties. You may authorize, in writing, the release of your testing results to third parties, and HealthConfirm assumes no liability resulting from such authorized release of information.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the services (collectively, “Communications”) through electronic means including, but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Website. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying STOP or by calling myhealthconfirm.com customer support.
In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, HealthConfirm will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by HealthConfirm.
Customer further acknowledges that HealthConfirm may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests. Customer acknowledges HealthConfirm has no control over the conduct or omissions of such third party laboratories. HealthConfirm hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information.
We understand your concerns for personal security when placing orders or giving out personal information on the Internet. That’s why providing a secure shopping environment is one of HealthConfirm’s highest priorities. We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our Website to computers running web browsers that support Transport Layer Security (“TLS”) protocol. To use this protection technology, you need to have a SSL-capable browser, such as Chrome v30, FireFox v27, Internet Explorer v11, Opera v17, Safari v5, Microsoft Edge or higher. These browsers will automatically activate the technology when you log on to our Website.
Any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites’ policies before revealing any sensitive or personal information.
Our website is hosted on servers that are PCI DSS 3.0 certified at Level 1 to ensure that the payment data is protected against any unauthorized access.
Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
Personal Wellness Portal
If you purchase any HealthConfirm kit in June 2020, you will receive free trial access to HealthState. This trial access to HealthState will expire on September 3rd, 2020. HealthState is a personal wellness portal that provides you with multiple tools and features designed to assist you in your personal health and wellness journey. This trial access is completely voluntary. To accept and gain your HealthState access, you will need to opt-in from your HealthConfirm account home page. Then, you will register at healthconfirm.ourhealthstate.com, where you will agree to the HealthState Terms and Conditions.
If you opt-in to the promotion, HealthConfirm will share your account information with HealthState, so that your HealthState account can be set up. This information will include your name, email address, phone number, and date of birth.
Wellness Portal Privacy
If you choose to opt-in to trial access for HealthState, you will have access to a personal health risk assessment questionnaire. HealthConfirm will be able to view aggregated, blinded reports that show common health indicators for the entire population.
HealthState does not provide any information to HealthConfirm about any individual or their personal health information. However, HealthState does provide HealthConfirm with de-identified and aggregated reports that show the health of the overall population. Although this information contains nothing that can identify the information as belonging to any one individual, the HealthState platform does provide administrators of HealthConfirm with the ability to send targeted messages to groups and individuals who meet certain criteria or health conditions. The administrator will never know the identity of the people to whom these messages are sent.