Testing Disclaimer and Liability Waiver

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF I DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, I MAY NOT ACCESS OR USE THE SITE. STDandHIVtesting.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. I AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND MY CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED MY CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

I acknowledge that I am at least 18 years of age and I am requesting a screening for sexually transmitted diseases and/or infections. I fully understand that a physician will review my screening request, order the test(s), and receive a copy of and release my results. However, STDandHIVtesting.com and/or the ordering physician may deny my request for testing and, if denied, I will be refunded my payments in full.

I will provide a blood and urine sample at a Patient Service Center. I am being screened only for the sexually transmitted diseases or infections indicated on the order form, and not for every possible sexually transmitted disease or infection.

This testing is for screening purposes only. There is no agreement by STDandHIVtesting.com or the ordering physician to provide medical treatment and/or follow-up care. My screening results will be disclosed by a counselor via telephone before becoming available to me online.

If my screening results are positive for certain sexually transmitted diseases, I may be asked to provide my name and address so that my results can be reported to my State’s Department of Public Health. I understand that by law, the Department of Public Health cannot compromise my confidentiality.

Although the screening is highly sensitive and specific, a statistical possibility of false negative and false positive results exists. If any of my results come back positive, further tests may be required to confirm the results. Confirmatory screening may generate additional expense. My screening may be unviable or lost, and I may have to be retested.

All services and materials provided by STDandHIVtesting.com are for informational use only. They are not a substitute for the advice, diagnosis and treatment by a qualified physician for diseases or infections that may be detected by the screening.

STDandHIVtesting.com, the ordering physician, and other entities involved in the screening process make no express or implied warranties or representations whatsoever with regard to the information provided on the website or the screening results.

I further understand that by setting up any test or testing with STDandHIVtesting.com, I voluntarily assume any risks associated with the screening process. In addition, I hereby release and hold harmless STDandHIVtesting.com the ordering physician, the laboratory performing the testing, and any other persons and entities associated with this screening process from any and all claims, rights and causes of action arising from any injury or other damages or the consequences thereof, resulting from or in any way connected with the screening while on the Patient Service Center’s premises or otherwise directly or indirectly arising from the transaction conducted through this website.

IN NO EVENT WILL STDandHIVtesting.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF STDandHIVtesting.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ME. IN SUCH STATES, STDandHIVtesting.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

This Agreement may be terminated by either party without notice at any time for any reason.

I agree that this Waiver is to be construed under the laws of the State of Florida and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect. I agree that any legal action or proceeding between STDandHIVtesting.com and me for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court located in the state of Florida. Any cause of action or claim I may have with respect to the services provided by STDandHIVtesting.com or any of its health care providers must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. STDandHIVtesting.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. STDandHIVtesting.com may assign its rights and duties under this Agreement to any party at any time without notice to me. Any rights not expressly granted herein are reserved.