Terms and Conditions

Pixel by LabCorp

User Agreement

User Agreement This Pixel by LabCorpSM User Agreement (“Agreement”) constitutes a legally binding agreement between you and Laboratory Corporation of America Holdings and its affiliates and subsidiaries, including Laboratory Corporation of America, (collectively, "LabCorp", "we", "us" or "our"). This Agreement governs your access and use of the Pixel by LabCorpSM website and online services (the “Site” and the “Services”). Note that Section 13 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of disputes or claims in connection with this Agreement or the Site. Our Terms and Conditions governing access to and use of websites and online applications operated by LabCorp are a part of this Agreement and are incorporated by reference. By agreeing to this Agreement, you agree that you understand and agree to be bound by the Terms and Conditions with respect to your access to and use of the Site. In the event of any inconsistency between this Agreement and the Terms and Conditions, this Agreement shall govern with respect to your access to and use of the Site. YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

1. Description of the Site

LabCorp is providing the Site so that you can educate yourself on health care and medical issues that may affect your daily life. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your laboratory test results, a medical condition, or other health related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.

2. Changes to this Agreement

LabCorp may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing notice of the changes to you either when you log in to the Site or by sending notice of the changes to contact information that you have provided to us. You agree to comply with, and be bound by, the modified Agreement either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes as described above.

3. Changes to the Site

LabCorp may add features to or delete features from the Site at any time, without notice to you.

4. Right to Use the Site

By agreeing to this Agreement, you confirm that you are a resident of the United States and are at least 18 years of age. You warrant and represent that all of the information you provide is correct including your state of residence, and that you are using the Site for yourself and agree not to use the Site to initiate a lab test request for another person. You agree not to resell the Services provided hereunder. By initiating testing through the Site, you are requesting that results be reported directly to you. You agree to comply with this Agreement, the Terms and Conditions , all applicable laws, and other applicable LabCorp policies, practices, and notices provided or referenced herein at all times when using the Site. LabCorp retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Site as part of our efforts to protect the Site, protect our patients, or stop you from breaching this Agreement.

5. Privacy Statement and Notice of Privacy Practices

Our Privacy Statement and, with respect to protected Health Information, our Notice of Privacy Practices describe how LabCorp collects information about you through Services, and how we use, disclose, and protect that information.

6. Physician Order and Availability of Services

The Services provided by Pixel by LabCorp are available only with a physician order. The Services are only available in the United States and are not available in New York, New Jersey, Maryland, and Rhode Island. LabCorp reserves the right to expand or restrict the availability of services at any time and for any reason.

7. Online Physician Order Services

LabCorp does not provide physician services or lab authorization network services. Lab authorization network services are provided by PWN Health, LLC and its affiliated physicians (“PWN”), an independent entity not affiliated with LabCorp. LabCorp has provided access to PWN services as a convenience. By requesting lab authorization network services by selecting the option to get a physician order online, you agree that your relationship to PWN is independent and is governed by PWN’s Terms of Use. LabCorp makes no representations or warranties regarding PWN services and disclaims any liability for such services.

8. Payment

A valid credit card number, expiration date, and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. LabCorp’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order. LabCorp reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

9. Purchase and Refund Policies

Refunds will be considered upon request and are only in accordance with the Pixel by LabCorp Refund Policy.

10. Right to Change Terms and Conditions

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and LabCorp reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, LabCorp’s designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

11. Reporting of Test Results to Local, State and/or Federal Authorities

You acknowledge and accept that the ordering physician and the laboratory may be compelled by law or regulation to report your laboratory result to the local, state, or federal health authority. For example, many states require the testing laboratory and physician to report most positive STD tests to the local health department.

12. Retesting

You acknowledge and accept that test results outside of normal limits do occur and a physician may reorder lab tests for confirmation.

13. Intellectual Property

The marks LabCorp® and Pixel by LabCorpSM are trademarks and/or service marks of Laboratory Corporation of America® Holdings. The content and design of the Site is protected by U.S. and international copyright laws.

14. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LABCORP ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SITE, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND LABCORP AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION 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 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 LABCORP AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE UNITED STATES IN THE SAME COUNTY AND STATE AS YOUR BILLING ADDRESS. LABCORP FURTHER AGREES THAT YOUR FILING FEE FOR ARBITRATION 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 INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND LABCORP 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 SITE. REGARDLESS OF THE FORUM, YOU AND LABCORP 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 ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC 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.

15. Disclaimer of Warranty; Limitation of Liability

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LABCORP AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE 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 YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL LABCORP, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

16. Choice of Law

This Agreement shall be governed by and construed in accordance with North Carolina law, excluding its conflicts of laws principles, provided that Section 14 above shall be interpreted and enforced as set forth therein. The Uniform Computer Information Transactions Act does not apply to this Agreement.

17. Contact Information

LabCorp is headquartered in Burlington, North Carolina, in the United States of America. Laboratory Corporation of America Holdings 531 S. Spring Street Burlington, NC 27215 Attn: Law Department Specific questions and comments should be directed to the appropriate department via our Contact Us page.

 

PWN

TERMS OF USE

(Effective April 30, 2019) PWN WILL NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. PWN Remote Care Services (with its affiliates, affiliated professional corporations and its administrative services provider, PWNHealth, LLC, collectively, “PWN”) provides independent provider oversight services for laboratory testing (the “PWN Services”). By using PWN’s services, you agree to be bound by the following terms and conditions (“Terms of Use”). PWN reserves the right to make changes to the Terms of Use at any time. Changes will be effective immediately upon posting of the modified terms and conditions. You agree to review the Terms of Use periodically to be aware of such modifications, and your use of the PWN Services constitutes your acceptance of the Terms of Use as it appears at the time of your use. All Services provided by physicians will be provided through PWN Remote Care Services or its affiliate professional entities. 1. You agree that PWN may, change, discontinue, temporarily or permanently, the PWN Services (or any part thereof). You agree that all changes and terminations shall be made at PWN’s sole discretion, and PWN shall not be liable to you or any third party for any changes or termination of your access to the PWN Services or any portion thereof. 2. PWN makes no express or implied warranties, representations or endorsements whatsoever with regard to the PWN Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided in connection with the PWN Services. PWN is not responsible for any laboratory test results. 3. The PWN Services are provided on an "AS IS" basis. PWN TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 4. IN NO EVENT SHALL PWN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) RESULTING FROM THE USE OF OR INABILITY TO USE THE PWN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PWN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PWN SERVICES IS TO STOP USING THE PWN SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 5. You agree to defend, indemnify and hold harmless PWN, and its parent, subsidiaries, affiliates and respective officers, directors, employees, agents, licensors, and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use of the PWN Services. 6. You acknowledge and agree that the PWN Services and the information presented to you through the PWN Services or used in connection with the PWN Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PWN, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the PWN Services, in whole or in part. 7. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: liability, indemnity, jurisdiction, governing law and complete agreement. 8. You expressly agree that exclusive jurisdiction for any dispute with PWN, or in any way relating to your use of the PWN Services, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving PWN, its parent, subsidiaries and affiliates, licensors and suppliers, and their directors, officers, employees, agents and contractors. 9. These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 10. These Terms of Use constitute the entire agreement between you and PWN with respect to the use of the PWN Services. 11. If you have any questions about the Service, please contact us at 888-362-4321 or 123 W. 18th Street, New York, NY 10011. 12. I HAVE READ THESE TERMS OF USE AND I UNDERSTAND THESE TERMS OF USE. BY CHECKING THE BOX ON THE ORDER FORM, I ACKOWLEDGE AND AGREE TO THESE TERMS OF USE.   AUTHORIZATION FOR USE AND DISCLOSURE OF INFORMATION I hereby authorize PWN Remote Care Services (with its affiliates, affiliated professional corporations and its administrative services provider, PWNHealth, LLC, collectively, “PWN”), including its physicians, their staff, agents and designees, and the laboratories, including Laboratory Corporation of America Holdings and its affiliates, that perform services requested by or consented to by me (“PWN Parties”) to use and disclose health information about me in the manner and for the purposes stated below. This authorization applies to the use and disclosure of the following information about me: all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted. For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals, organizations and their representatives: (a) Laboratory Corporation Of America Holdings and its affiliates, their staff and agents; (b) PWN and its affiliates, and their staff and agents; (c) the designated PWN physician of record and its staff, agents and designees; (d) the applicable laboratory of record and its staff and agents; and (e) as required or permitted by law. The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s)); (b) for treatment, health care operations and payment services; and (c) as required or permitted under state and federal laws. Payment may be received in exchange for this information. I may opt to not have my personal information disclosed for some purposes above with prior written notice to the PWN as set forth below. I understand that such opt-out may affect the services I have voluntarily elected. This authorization evidences my informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization. Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, if permitted by law. PWN Parties may receive payment or other remuneration related to the use and disclosures contemplated herein. I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by privacy laws. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. My written revocation must be submitted to PWN’s General Counsel at: PWN 123 W 18th Street New York, NY 10011 Attn: General Counsel If signed by someone legally authorized to represent the individual, please describe that authority and attach document(s) evidencing that authority. I HAVE READ THIS CONSENT AND I UNDERSTAND IT. BY CHECKING THE BOX ON THE ORDER FORM, I ACKOWLEDGE AND AGREE TO ITS TERMS AND REPRESENTATIONS.

 

PWN

Privacy Policy/ Notice of Privacy Practices
Effective Date: April 30, 2019 Privacy Policy

This Privacy Policy (“Privacy Policy”) describes how PWN Remote Care Services and certain affiliated professional entities (“PWN”) collects, uses and protects information gathered from your use of the PWN services (“Services”).

1. Consent. By using the Services, you consent to the collection and use of your information in the manner we describe in this Privacy Policy. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES. 2. Changes to our Policy. We reserve the right to modify or amend this Privacy Policy at any time. All changes to this Privacy Policy will be effective immediately upon their posting to this webpage. We will notify you of material changes to this Privacy Policy by conspicuously posting the changes on this webpage. Information collected before changes are made will be treated in accordance with the previous Privacy Policy. Continued use of the Services after the effective date of a modified privacy policy will indicate your agreement to any modified terms. Each version of our Privacy Policy will be prominently marked with an effective date. 3. HIPAA. PWN’s use and disclosure of certain of your information may be subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") and applicable state law. Any information that you submit to us that constitutes "Protected Health Information," as defined by HIPAA, is subject to HIPAA and applicable state law. The term "Protected Health Information" or "PHI" refers to individually identifiable health information about your past, present or future physical or mental health or condition, the provision of health care to you or the past, present or future payment for such care. If any information collected in connection with the Services constitutes PHI, then our Notice of Privacy Practices included in this Policy will apply. 4. Personally Identifiable Information. a. Personally Identifiable Information We Collect. When you use our Services, we may collect any information that you voluntarily share with us. We also collect information that Laboratory Corporation of America or their third party contractors provide to us. We may use third party service providers to assist us in collecting and maintaining this personally identifiable information. However, we require such service providers to maintain the confidentiality of such information. b. How We Use Personally Identifiable Information We Collect. We will use personally identifiable information for: (i) to provide the Services, (ii) the purpose for which you provide it; (iii) as otherwise may be disclosed at the point of collection; and/or (iv) for the purposes described below. In addition, we may use your personal information in the aggregate in a non-identifiable way in order to better understand the Services being provided, how to improve the Services and as permitted by law. We may provide this aggregated information to third parties. 5. How We Disclose the Information We Collect. a. Disclosure to Laboratory Corporation of America and PWN Parties. We may disclose information about you to Laboratory Corporation of America and to PWN’s affiliates, affiliated professional corporations and its administrative services provider, PWNHealth, LLC. b. Disclosure to Third Parties. Your information may be disclosed to or collected by third-party suppliers and service providers specifically involved in the processing of your information and as otherwise necessary to provide the Services. We may also use third party service providers to gather and use on our behalf your personal information as contemplated by this Policy and applicable law. All such third parties are subject to confidentiality obligations in an attempt to protect your information as much as is commercially reasonable. We may also use or disclose your personal information to resolve disputes, investigate problems, and enforce our Terms of Use or any other agreement with PWN. We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public. If we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, reorganization, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, any and all personally identifiable information, including your account information may be one of the assets sold or merged in connection with that transaction. Information about you may also need to be disclosed in connection with a commercial transaction where we are seeking financing, investment, support, or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained. Except as stated in this Privacy Policy, we do not sell, distribute, or release to a third party your personal information without notice to you. 6. Access to your Personally Identifiable Information. Upon written request and verification of your identity, we will provide you with your personal information in our possession as well as the personal information, if any, that we have disclosed to third parties. Requests for such information should be sent to the contact information below. You may also update, correct, or delete your personal information in our possession by contacting us at the address or email address set forth below. 7. Handling of Electronic Records and Backup. In general, we will retain all information collected in connection with the Services for, at a minimum, the length of time permitted by law. However, we will delete any personally identifiable information in our database upon your request or as otherwise required by law. We may retain non-personally identifiable information indefinitely. We maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Backup files may contain records with your personal information. Removing a record from our active files and databases does not remove that record from any backup systems. Such backup data will eventually be passively deleted as backup records are erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same security protections as our other records. 8. Security Breach. If we determine that your personal information has or may reasonably have been disclosed due to a security breach of our systems, we will notify you to the extent required by applicable state and federal law, using your information that we have on file. Notice of Privacy Practices Regarding Health Information (updated April 30, 2019) This notice describes how health information about you may be used and disclosed, and how you can get access to this information. Please review it carefully. How We May Use and Disclose Your Health Information. We may use your health information and disclose it to appropriate persons, authorities and agencies, as allowed by federal and state law. Please be aware that state and federal law may have more requirements on how we use and disclose your health information. If there are specific, more restrictive requirements, even for some of the purposes listed above, we may not disclose your health information without your written permission as required by such laws. We may also be required by law to obtain your written permission to use and disclose your information related to treatment for a mental illness, developmental disability, or alcohol or drug abuse. We may do this without your written permission for the following limited purposes: 1. Treatment. 2. Payment. 3. Required by Law. 4. Public Health. 5. Reporting Victims of Abuse or Neglect. 6. Health Care Oversight. 7. Legal Proceedings & Law Enforcement. 8. Death. 9. Serious Threats to Health or Safety. We may also disclose any information that you provide to use or that is provided on your behalf, including, without limitation, your laboratory test results. You have the right to request a restriction or limitation on the disclosure of such information as set forth below. Your Health Information Rights. You have the right to: 1. Read and copy your health information. 2. Request to correct your health information. 3. Request to restrict certain uses and disclosures of your information. You have the right to request in writing that we restrict how your health information is used or disclosed. For most requests, under the law, we are not required to agree to your request. In some cases, we may not be able to agree to your request because we do not have a way to tell everyone who would need to know about the restriction. There are other instances in which we are not required to agree with your request. We will inform you when we cannot find a way to carry out your request. 4. Receive a record of how we disclosed your information. 5. Receive notification of a breach and obtain a paper copy of this notice. Contact us at [email protected] or PWNHealth, 123 W 18th Street, New York, NY 10011 Attn: Privacy Officer with any questions or concerns regarding the above.

 

PWN Informed Consent

BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS INFORMED CONSENT. IF YOU DO NOT CLICK “I ACCEPT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.

General Informed Consent

You agree to receive the services provided by PWN Remote Care Services (with its affiliates, affiliated professional corporations and its administrative services provider, PWNHealth, LLC, collectively, “PWN”, “PWNHealth”, “we” or “us”) relating to ordering laboratory tests (“Tests”), including, without limitation, physician oversight, ordering of laboratory Tests, customer support or counseling and any other related services provided by PWN or its service providers and partners (the “PWN Services”). If you have ordered an HIV Test (including as part of a panel), please also review the Informed Consent to Perform HIV Testing immediately following this General Informed Consent. 1. You have read and understood the information provided about the Test(s) that you are ordering on the Pixel by LabCorp website. 2. I certify that when I receive PWN Services, I will be physically present in the state of which I have notified PWN. 3. You agree that the information you submit in connection with the PWN Services is truthful and accurate. 4. You agree that the PWN Services are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness. 5. You agree that the PWN Services do not replace the existing primary care or other relationship with your physician and are not being used as a substitute for the care, medical advice or treatment provided by your primary care or other personal physician. 6. You agree that the PWN Services are for your personal use. 7. You agree that PWN is providing advice and consultation based strictly on your test results and such advice and consultation shall not constitute a treatment decision. 8. PWN Services will be provided using electronic communications, information technology, or other means between you and a health care provider who are not in the same physical location. Such services may include the electronic transmission of medical records, photo images, personal health information, or other data between you and a health care provider. There are potential risks associated with the use of technology, including disruptions, loss of data and technical difficulties. You understand and acknowledge that all remote health providers will determine whether or not the service provided is appropriate for such methods. You understand that you may withdraw your consent to such services at any time by contacting PWN at the contact number or email below. Further, you agree that you understand that you may have to travel to see a health provider in-person for certain care, diagnosis and treatment matters. 9. You agree that you are solely responsible for forwarding the test results to your primary care or other personal physician and for initiating follow up with your primary care or other personal physician for care, diagnosis, medical treatment or to obtain an interpretation of the laboratory test results. 10. You agree that you will not make medical decisions without consulting a healthcare provider or disregard medical advice from my healthcare provider or delay seeking such advice based on information as a result of the use of the PWN Services. 11. PWN does not and will not prescribe or order any drugs or medication. 12. You are consenting to the request for the PWN Services, including but not limited to any PWN consultation, voluntarily without influence of any third party. 13. You acknowledge and accept that the ordering physician may be compelled by state or local statute to report your laboratory result to the local health department. You acknowledge and accept that most states require the physician to report most positive STD tests and abnormal lead levels to the local health department. 14. If you receive an abnormal result on an STD Test, it is important that you notify my sexual and needle sharing partners and follow up with my personal physician to receive treatment. I understand that if I have any questions before or after my Test, I can contact PWN's Care Coordination Team by calling 888-362-4321 or emailing [email protected]. I authorize PWN to use the email address and phone number I provided in connection with my Pixel By LabCorp account to contact me in connection with the PWN Services. I am responsible for contacting PWN's Care Coordination Team at the contact information above to notify them of any changes to my mailing address, email address, phone number or other information that I provided in connection with the PWN Services. I have read this Informed Consent carefully, and all my questions were answered to my satisfaction. I hereby consent to participate in the PWN Services pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWN Terms of Use and PWN Notice of Privacy Practices or as otherwise provided to me.

 

Informed Consent to Perform HIV Testing (This Consent Applies Only If You Purchase an HIV Test)

I have been provided with and I understand the following information regarding HIV testing: ● What is HIV? HIV stands for human immunodeficiency virus. It's the virus that causes AIDS. It damages your immune system, making it easier for you to get sick and even die from infections or diseases, like cancer, that your body could normally fight off. ● How does the test work? The HIV test is a blood test that looks for HIV and requires you to provide a sample of your blood. The test is divided into three parts to ensure accuracy. The first test looks for antibodies your body makes when have been infected with HIV, as well as part of the virus itself. If the result of the first part is non-reactive, you are not infected with the HIV virus. If it is reactive, a second test, which looks for antibodies against HIV, is run from the same blood sample. If this test is reactive, it is highly likely you are infected with the HIV virus. If it is non-reactive or indeterminate, a third test is run. This last test looks for RNA, HIV’s genetic material. If this test is positive, then it confirms that there is HIV infection. Another test may be recommended if all three parts of the test are negative but there is still a strong reason to think you have been infected. ● Timing of Testing. After being infected with HIV, it takes several weeks and possibly months for blood tests to detect the virus. If you test too soon, the test may be negative even if the virus is in your body. If you think you may have been exposed to HIV in the last 3 days, you should immediately contact a doctor. Prompt treatment, also called post-exposure prophylaxis (PEP), within 3 days of a possible exposure, can decrease the chance that you will develop an HIV infection. ● Test Results and Counseling. If your test shows that you have HIV, PWN's Care Coordination Team will call you to review the results and explain the next steps you should take, including where you can get treatment. After your test you will be offered education, counseling, and information regarding your results. ● Treatment of HIV. There are treatment options for HIV. There’s no cure for HIV, but medication can slow down the damage the virus causes. New medications have made it possible for people with HIV to live about as long as they would without HIV. Getting tested means getting treatment that will help you stay healthy longer and lower the chances of spreading the virus to others. ● Safe Practices. Individuals with HIV/AIDS can adopt practices to protect uninfected people from becoming infected. Use condoms every time you have sex. ● Partner Notification. If you test positive, it is important to notify your sexual and needle sharing partners and many states require that you do so. There are resources available from your local health department which can help you notify your partners. Be honest with your future partners so you can both be informed and help each other stay healthy. ● Further Testing. Even if your test results are negative, the CDC recommends yearly testing for some people, including those with multiple sex partners, men who have sex with men, those who use IV drugs, and those who’ve had another STD. Ask your doctor if you should be tested every year. ● Additional Information. Additional information regarding HIV is available on the Pixel By LabCorp website. I understand that if I have any questions before or after the HIV test, I can contact PWN's Care Coordination Team by calling 888-362-4321 or emailing [email protected]. I understand that the testing being offered is confidential but not anonymous. It requires my name and credit card information. Anonymous testing options are available at in-person specialized testing centers. I understand that the law prohibits discrimination based on an individual’s HIV status. Services are available if I believe I have experienced discrimination based on my HIV status. I understand that the law protects the confidentiality of test results. As required by state law, if I am positive for HIV, my name and results will be reported to my state’s health department. I also understand that my health information and results may be shared with other PWN health care providers, including physicians, and counselors for purposes of providing care to me. I understand that testing is voluntary and that I may withdraw my consent to testing at any time prior to the completion of the laboratory test by contacting PWN's Care Coordination Team by calling 888-362-4321 or emailing [email protected]. I have read and understand the information that has been provided to me. I have been given the opportunity to ask questions about HIV testing and all of my questions have been answered to my satisfaction. I have read and understood this Informed Consent for HIV Testing and hereby consent to be tested for HIV pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWN Terms of Use and PWN Notice of Privacy Practices or as otherwise provided to me.