PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN THEIR ENTIRETY BEFORE USING THIS PLATFORM OR ANY SERVICES MADE AVAILABLE USING THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 22), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 18, 19, 20 AND 22 FOR MORE INFORMATION.
THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
1. OUR ROLE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS
Welcome to the website or mobile application operated by Everly Well, Inc. (" MyhealthTest ," " we ," " us" or " our"). The following terms and conditions (" Terms and Conditions") govern your access to and use of (i) the Myhealthtest.com and natalist.com and other websites which are owned or operated by Myhealthtest or Baby Someday, Inc., doing business as "Natalist" (the " Sites"); (ii) any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by Myhealthtest or its affiliates (" Mobile Apps ," and together with the Sites and other online or mobile-enabled technology, digital tools, the " Platform"); and (iii) any services and products that you may access through the use of the Platform (such services and products, the " Services").
The Services available through the Platform may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by clinical laboratories, including PWN Laboratory LLC and other clinical labs (collectively, " Labs"); (iii) access to healthcare practitioners and staff members (" Practitioners") who are contracted by certain independent, clinical professional practice groups (collectively, the " Practices"); (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Practitioners on the Platform; and (iv) technology support for using the Platform as a means of direct access to Lab test results and to Practitioners for communication, consultations, assessments, and treatment by such Practitioners; and (v) ability to purchase vitamins, supplements, over-the-counter and clinical lab test and collection kits and other tangible items (" Products").
All health and wellness information or resources available on the Platform are for informational purposes only, and are not a substitute for direct health care services nor are they an indicator of specific results. Neither Myhealthtest nor the Platform provides medical advice or care. Rather, although the Platform enables individuals to access the services of Labs, Practices and Practitioners, you agree and acknowledge that it is the Labs, Practices and/or Practitioners, as the case may be, who are furnishing all health or medical services to you, not Myhealthtest, Natalist or the Platform, and that you are not entering into a provider-patient relationship with Myhealthtest, Natalist or the Platform. Neither Myhealthtest nor Natalist exercise control or direction over the means, methods or manner by which any Lab, Practice or Practitioner exercises professional judgment in the provision of their clinical services. Similarly, we are not responsible for the quality or appropriateness of the care any Lab, Practice or Practitioner renders to you, including any personal injury or property damage.
The Platform is structured for use specific to certain lifestyle, wellness or health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
To the fullest extent possible under applicable law, all suppliers of Services and Products, including all Labs, Practices or Practitioners that are accessed or purchased on the Platform shall be beneficiaries of, and possess the right to enforce, any and all rights, remedies, disclaimers, limitations, waivers or other legal or equitable remedies or benefits available to Myhealthtest and its affiliates under these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH HEREIN, YOU MUST NOT ACCESS OR USE THE PLATFORM.
2. ADDITIONAL TERMS AND CONDITIONS
Your use of the Platform is governed by our Privacy Policy. Any health information that we hold on behalf of Labs, Practices or Practitioners is governed by our Notice of Privacy Practices.
In order to access or purchase certain Services or Products available on the Platform, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, " Additional Terms and Conditions"). Such Additional Terms and Conditions may be specific to (a) a supplier of the Services or Product, including a specific or group of Lab(s), Practice(s) or Practitioner(s), (b) a Service or Product or category of Service or Product, or (c) any combination thereof.
To the fullest extent possible under applicable law, those Additional Terms and Conditions shall be incorporated into these Terms and Conditions with respect to applicable Services, Products or suppliers, as the case may be, as and when they are entered into or acknowledged, and said Additional Terms and Conditions and these Terms and Conditions shall be interpreted, to the fullest extent possible, as if they are incorporated into one and the same instrument; provided, however, in the event of express conflict between these Terms and Conditions and applicable Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall control. To the extent that certain Additional Terms and Conditions cannot under applicable law be incorporated into these Terms and Conditions with respect to certain Services, Products or suppliers, you acknowledge that Myhealthtest or an affiliate thereof (a) may exercise applicable rights under said Additional Terms and Conditions of the applicable supplier (including a Lab, Practice or Practitioner) of said Services or Products, as said supplier's service provider; and (b) Myhealthtest is a third-party beneficiary of, with the right to exercise and enforce against you, any and all rights, remedies or defenses available under said Additional Terms and Conditions.
3. ELIGIBILITY AND AVAILABILITY
In order to access the Services through the Platform, you represent and warrant that:
- You are at least 18 years of age or older.
- You live in the United States and in a state or territory where the Platform is available.
- You agree to be legally bound by and comply with these Terms and Conditions.
- You have compatible computing and/or mobile devices, sufficient access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.
If you do not meet all of these requirements, you must not access or use the Platform or any Services available through the Platform.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. Certain Services may only be available to individuals who satisfy additional eligibility criteria or who reside or are located in certain geographic locations (" Eligibility Criteria"). We, Labs, Practices and/or Providers will endeavor to provide notice of such limitations when using those parts of the Services. Notwithstanding the foregoing, at all times Practitioners exercise their independent clinical judgement in furnishing Services to individuals. Accordingly, Practitioners delivering services may on a case-by-case basis determine that additional criteria may apply in the case of specific individuals or that certain services are not appropriate in any individual instance for a particular user. In addition to the above requirements, we, Labs, Practices and their Practitioners reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
We are based in the United States. We provide the Platform and our Services for use only by individuals located in the United States. We make no claims or representations that the Platform or any of the content made available therein is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
4. ACCOUNT REGISTRATION
To purchase Services on the Platform, or access certain Services that may have been purchased at a physical, other online location or otherwise made available, you will be required to set up an account (an " Account") on the Platform. To obtain an Account, you may be asked to provide certain registration details or other information. It is a condition of your setting-up an Account that all the information you provide is correct, current and complete.
You acknowledge that your Account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. 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 agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. We may rely on the authority of anyone accessing your Account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. We may store, transmit, receive, and/or access your data on or from our own servers or those of our service providers which may be in or outside of the United States.
