PWNHealth

Terms of Service

Effective Date: November 14, 2025

PWNHEALTH DOES NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING FROM OR RELATING TO THESE TERMS OR THE PWN SERVICES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

These Terms of Service (“Terms”) constitute a binding contract between you and PWN Remote Care Services, P.A. or its related and affiliated professional entities that comprise the PWN provider organization (the “Providers”) who are supported by PWNHealth, LLC d/b/a Everly Health Solutions and Everly Health, Inc. (collectively with Providers, “PWN”, “PWNHealth”, “we” or “us”) in connection with the offering by Providers of clinician oversight and ordering of laboratory tests (“Tests”) that you request as wellness and diagnostic enablement tools, clinician oversight and receipt of Test results (“Results”), access to genetic counseling support, education sessions on health and wellness topics (“Education Sessions”), telehealth consultations with Providers for certain conditions in coordination with Tests and Results] (“Consults”), customer support, and any other related services made available by PWN (the “PWN Services”). PWN is not responsible for Quest Diagnostics Incorporated’s (“Quest”) services or for other services provided through or in connection with its affiliate, Quest Consumer, Inc’s. website (the “Website”), including, without limitation, the provisions of the Test. In these Terms, the terms “you” and “yours” refer to the person accessing and/or using the PWN Services, or in the case of a use of the PWN Services on behalf of a minor, “you” and “yours” refer to and includes (i) the parent or legal guardian who provides consent to the use of the PWN Services on behalf of the minor; and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.

The PWN Services should not be used as a replacement for a primary care provider relationship. Certain of the PWN Services may not give rise to a provider-patient relationship. You are expected to seek follow-up or emergency care when recommended or needed and you should continue to seek health care services with a primary care provider.

Your use of the PWN Services are subject to any additional terms and policies, such as our Notice of Privacy Practices and any consents, of which we provide notice to you.

By clicking “I accept” and accessing or using the PWN Services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms, the Notice of Privacy Practices, and any and all additional terms, consents, and policies provided by PWN from time to time. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE PWN SERVICES.

  1. PWN Services. The PWN Services include several different types of offerings, as further categorized, and within each type of offering different Tests and Consults may be available or applicable to you given the more detailed listing on the Quest Website.

  2. Clinician Oversight for Tests. Providers engage licensed clinicians to evaluate and order, when appropriate, Tests, review the Results of such Tests, and, as needed serve as available resources and oversight for you when seeking such Tests and considering their Results, along with the genetic counselors supporting you in connection with such Tests coordinated by Quest, where applicable. Test requests and the information you provide are evaluated and if appropriate, a licensed clinician of Providers will order the Test requested by you. Providers are not responsible for the provision of laboratory Tests. If you receive a Result outside of a normal range and have not connected with Providers or Providers’ designee, you should not delay following up with your personal healthcare provider.

    You acknowledge that the Provider may be required by statute to report your Results (e.g., a positive STD test) to the local health department.

    As part of the PWN Services, after you receive your Results, you will have the opportunity to receive either a telehealth Consult or an Education Session (see below), each with a clinician of Providers, as described below.

    Except in limited circumstances (see Remote Consultations below), Providers are not able to formulate a diagnosis, initiate treatment, or prescribe based on your Tests or Results and this is not the intent of the PWN Services related to the Tests. You are encouraged and solely responsible for sharing all Results with your primary care or other health providers, as relevant, and following up with such providers for any appropriate care, diagnosis, or treatment that is enabled by the Tests. Except as otherwise specifically indicated, these PWN Services are not intended to serve a determination of medical necessity for the Test(s), but to support your reasonable health and wellness efforts as you seek certain Tests. If you have any questions regarding these PWN Services please contact 855-205-6146 or patientservices@everlyhealth.com.

  3. Genetic Counseling. PWN makes available access to genetic counselors for you throughout any offering involving genetic testing services. Please see the applicable Genetic Testing Services Consent for more information, including how to access genetic counselors.

    1. Consults and Education Sessions. Depending on your Test, you may be eligible for either a Consult or an Education Session with a clinician affiliated with Provider. You will be notified if you are eligible for a Consult or Education Session and whether your Consult may include treatment. Consults and Educational Sessions must be arranged through the PWN Care Team.

    Consults involve telehealth encounters with licensed health providers affiliated with Providers to evaluate, diagnose, and, in certain circumstances, provide appropriate treatment recommendations, including prescriptions by means of telehealth technologies depending on your conditions, history, Results, the licensed health Provider’s discretion, and your state’s legal and regulatory requirements. Please see the Telehealth Consent for more information. The scope of services will be at the sole discretion of the Provider, with no guarantee of diagnosis, treatment, or prescription.

    Education Sessions are educational sessions providing general information about a test and/or condition, not your specific results or symptoms. They are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness, or otherwise constitute the practice of medicine. Providers will not prescribe or order any drugs or medication in connection with Education Sessions. You may be instructed to follow-up with your local healthcare provider for care.

PWN Services do not replace your existing primary care or other relationship with your healthcare provider. You are solely responsible for sharing information about your use of the PWN Services with your primary care or other health provider or requesting that Providers share such information with your other health providers. You should not make medical decisions without consulting with a health provider.

2. Eligibility.

In most cases, PWN Services are not intended or designed for individuals under the age of 18 or over the age of 100. By using the PWN Services, you confirm that you are: (1) age 18 or over; or (2) if the specific PWN Service you are seeking is available to minors as indicated in the product description, you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), and you represent and warrant to us that you have all legal power and authority to provide consent for the use of the PWN Services for the benefit of such minor.

The PWN Services are intended for individuals located and residing in the United States and you have identified through the Website the state in which you are located. However, all or certain of the PWN Services may not be available in certain U.S. states. You will be notified if the PWN Services are not available in the state in which you are located. You agree that any and all data you provide or make available shall relate only to users located in the United States. By using the PWN Services, you confirm that you are located in the United States when you receive the PWN Services. You shall not access the PWN Services outside of the United States and PWN disclaims any responsibility for any attempt by you to do so.

You agree that any data submitted or provided by you or on your behalf in connection with the PWN Services is truthful, accurate, and appropriate. You agree that the PWN Services that you request are for your own personal use and that you will not request a Test or seek a Consult for another person. Any sample you provide for a Test is your own.

You may be ineligible for a Test based on the information that you provided (e.g., certain Tests may only be intended for women) or otherwise. You will be notified if it is determined that you are not eligible for a Test.

3. Payment.

Quest will collect payment for the PWN Services on behalf of Providers or PWN, as applicable, as its collection agent. You may contact PWNHealth for any additional information needed as to the fees for the PWN Services. PWN reserves the right to change prices in our sole discretion at any time; however, the Website will reflect then-current prices.

PWN does not submit or process insurance paperwork or claims related to these PWN Services, nor is any Provider enrolled or contracted with any insurer or health plan for purposes of claims-based reimbursement of the PWN Services. You agree that you will not submit any invoice or claim for reimbursement to any insurer or health plan (including, but not limited to, Medicare, Medicaid or any private health insurer or plan). Further, any medications prescribed during Consults or the lab services conducted for a Test may not be reimbursable by an insurer or health plan, including Medicaid.

4. Privacy.

Please review the Notice of Privacy Practices, which describes PWNHealth’s practices regarding the information that PWNHealth may collect from users of the PWN Services. By accessing and using the PWN Services, you hereby consent to all actions we may take with respect to your information consistent with these Terms and our Notice of Privacy Practices. Further, you specifically authorize the transfer and release of your information, including your Test Results and other health information, submitted by you or about you in connection with the PWN Services, to, between and among yourself and the following individuals, organizations, and their representatives: (a) PWN and its affiliates, staff, and agents; (b) Quest; (c) the applicable laboratory and its affiliates, staff, and agents for the purposes herein, to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing and approving a Test request, reviewing, processing and delivering the Test Results, and providing a Consult or Education Session), and (d) as required or permitted by law. Please see the applicable Genetic Testing Services Consent for more information regarding data exchange regarding your genetic data.

5. Electronic Communications.

You understand that PWN may send you messages, reports and emails regarding the PWN Services, Tests, Results, and/or any personal or health information you have provided in connection with the PWN Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.

You agree that when you use the PWN Services, you affirmatively consent to conduct business electronically with us, and such processes have the same force and effect as your written signature. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive invitations, notifications, reminders, and other communications from us (and any of our affiliates or agents) by email, phone or other method of communication. These communications may include (but are not limited to):

  • notification that an important message awaits you;
  • updates about the PWN Services and related service updates;
  • general health communications.

6. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PWN, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS, HEALTHCARE PROVIDERS, AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PWN SERVICES AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

YOUR USE OF THE PWN SERVICES AND THE WEBSITE IS AT YOUR OWN RISK. PWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH THE PWN SERVICES OR WEBSITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (I) THE PWN SERVICES, THE WEBSITE, AND/OR RELATED CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, “TROJAN HORSES” OR OTHER MALICIOUS CODE OR DISABLING DEVICES; (II) THE CONTENT RELATED TO THE PWN SERVICES OR THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT; AND (III) THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE WEBSITE. IN NO EVENT SHALL PWN BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE PWN SERVICES OR THE WEBSITE, OR ANY RELATED CONTENT, INCLUDING IF SUCH USE VIOLATES THESE TERMS.

PWN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY QUEST, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnification and Limitation of Liability.

You agree to indemnify and hold harmless PWN, its affiliates, its licensors, and its service providers from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the PWN Services and the Website, including but not limited to claims arising out of (i) your violation of these Terms; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify PWN and cooperate fully with PWN in the defense of any claim. PWN reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PWN OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE, OR INABILITY TO USE, THE PWN SERVICES, THE WEBSITE, ANY CONTENT ON OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED IN CONNECTION WITH THE PWN SERVICES, OR (2) ARISING OUT OF OR IN CONNECTION WITH ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE PWN SERVICES OR THE WEBSITE, INCLUDING, IN EITHER CASE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PWN DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PWN SERVICES, THE WEBSITE, OR ANY OTHER RELATED SERVICES. THE OPERATION OF THE PWN SERVICES AND THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PWN’S CONTROL. UNDER NO CIRCUMSTANCES SHALL PWN BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PWN SERVICES OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PWN SERVICES AND THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PWN RECORDS, THE PWN SERVICES OR THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO PWN.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PWN SERVICES OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PWN SERVICES AND THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

8. Ownership; Intellectual Property and Proprietary Rights.

Certain names, logos, brands and other materials displayed in connection with the PWN Services and through the Website may constitute trademarks, trade names, services marks or logos (“Marks”) of PWN or its affiliates, including, without limitation “Everly Health Solutions,” “EHS,” “PWN”, “PWNHealth” and “PWN Remote Care Services”. You are not authorized to use any such Marks without the express written permission of PWN or its affiliates. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates. All intellectual property rights in any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of PWN or our service or content providers and are protected by United States and foreign intellectual property laws. The Website, the PWN Services, and the entirety of their 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, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or the PWN Services or any content on the Website or the PWN Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Website or the PWN Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

9. Equitable Relief.

You acknowledge and agree that breach of these Terms will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, PWN shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms, or otherwise.

10. Dispute Resolution by Binding Arbitration.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST USER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE USER’S SATISFACTION BY CALLING PWN’S CARE TEAM AT 1-855-205-6146 OR BY EMAILING PATIENTSERVICES@EVERLYHEALTH.COM. IN THE UNLIKELY EVENT THAT PWN’S CARE TEAM IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE PWN SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF PWN HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. YOU, ON THE ONE HAND, AND PWN, ON THE OTHER HAND, ACKNOWLEDGE AND AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY.

Unless it is settled or otherwise resolved by mutual agreement, any dispute, claim, question, or disagreement (“Dispute”) arising from or relating to these Terms or the PWN Services or the Website, shall be resolved through confidential arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations (“AAA Rules”), except any disputes or claims which under governing law are not subject to arbitration. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator, but you and PWN may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. The fees charged by the AAA and arbitrator shall be shared equally by the Parties. If, however, you are able to prove that the costs of arbitration will be significantly more prohibitive for you as compared to the costs of litigation, Everly Well, Inc. will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.If you are unable to pay this fee, PWN will pay it directly upon receiving a written request at address below. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. Such a notice should be mailed to:

PWNHealth, LLC
209 Burnet Rd, Suite 300
Austin, Texas 78756
ATTN: Dispute Notice

The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable limitations period. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Consumer Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the following paragraph regarding intellectual property and preliminary equitable relief claims) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), the terms of which sections the Parties agree shall apply.

Other than the exceptions listed herein, the arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the Parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions. The fees charged by the AAA and arbitrator shall be shared equally by the Parties. If, however, you are able to prove that the costs of arbitration will be significantly more prohibitive for you as compared to the costs of litigation, PWN will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or PWN that an in-person hearing is appropriate. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing, or as otherwise mutually agreed by the parties. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Either party may bring a claim related to intellectual property rights, seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, or seek to bring an individual action in small claims court (provided such claim qualifies to be filed in small claims court), in any court of competent jurisdiction, without the posting of bond or other security). After an arbitration is filed, either you or PWN can send a written notice to the other party and the AAA that you or PWN want the case decided by a small claims court.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

11. Governing Law and Jurisdiction.

All disputes arising from or relating to these Terms and all Disputes arising from or relating to the PWN Services (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas regardless of where you access the PWN Services or the Website, and notwithstanding any conflicts of law principles.

12. Class Action Waiver.

ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A COLLECTIVE OR CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS AND CONDITIONS OR ANY DISPUTES BETWEEN THE PARTIES. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

13. Limitation Of Time To File Claims.

ANY ACTION, CLAIM OR DISPUTE YOU HAVE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR, UNLESS PROHIBITED BY APPLICABLE LAW. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.

14. Notices.**

You agree that we may provide you with notices, including those regarding changes to these Terms, by e-mail to the address you provide to us. Your on-going use of the PWN Services and the Website after any such notice is deemed acknowledgement of your acceptance of such information, including any Terms, as updated.

15. Changes to our Terms.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the PWN Services and the Website thereafter. If we make material changes that would impact your use of the PWN Services and the Website, we will endeavor to notify you of the changes, such as by posting a notice directly on this website, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. Your continued use of the PWN Services or the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms generally from time to time so you are aware of any changes, as they are binding on you. If you do not agree to the changed Terms, you should immediately terminate your use of the PWN Services and the Website.

16. Assignment.

We may freely assign these Terms in connection with a merger, reorganization, acquisition, or sale of assets, or by operation of law or otherwise.

17. Entire Agreement.

These Terms constitute the entire agreement between you and us with respect to the PWN Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any other terms (aside from any Additional Terms and Conditions duly entered into pursuant to these Terms), the terms of these Terms shall govern. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms will continue in full force and effect. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect their interpretation.

18. Term; Termination.

The Terms, as may be amended from time to time, will remain in full force and effect as long as you continue to access or use the PWN Services, or until terminated in accordance with the provisions of these Terms. We, in our sole discretion, with or without notice to you, at any time and for any reason, may terminate, suspend or modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to access and/or use the PWN Services; and (iii) the PWN Services. You may terminate the Terms at any time by discontinuing use of the PWN Services. Your permission to use the PWN Services automatically terminates if you violate these Terms. PWN shall not be liable if, for any reason, all or any part of the PWN Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.

19. Contact Us.

Should you have questions about the PWN Services, you may contact us at:

Phone Number: 855-205-6146

Address: PWNHealth, LLC d/b/a Everly Health Solutions
209 Burnet Rd, Suite 300
Austin, Texas 78756

Email Address: patientservices@everlyhealth.com

HIV TESTING
CONSENT
(This consent applies only if you purchase an HIV test.)

IF YOU THINK YOU MAY HAVE BEEN EXPOSED TO HIV IN THE LAST THREE DAYS, YOU SHOULD IMMEDIATELY CONTACT A DOCTOR.

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

YOU MAY CALL 855-205-6146 OR EMAIL PATIENTSERVICES@PWNHEALTH.COM FOR QUESTIONS REGARDING THE HIV TESTING SERVICES AND THIS CONSENT.

I am signing this HIV Testing Consent in connection with participating in and receiving the specific HIV testing services identified on www.questhealth.com (the “HIV Testing Services”) as part of a coordinated offering made available by Quest (“Company”), whereby PWN (defined below) serves as your ordering provider.

As part of the HIV Testing Services, I seek and agree to receive the ordering and oversight support services provided by PWN Remote Care Services, P.A. or its related professional entities that comprise the PWN provider organization (collectively, “PWN Remote Care Services”) and support regarding the HIV Testing Services made available by PWNHealth, LLC (collectively with PWN Remote Care Services, “PWN”) relating to HIV testing (“Test” or “Tests”) that are part of the HIV Testing Services, including, without limitation, review of Test requests and receipt of Test results (“Results”) by PWN Remote Care Services, applicable outreach and, if relevant, counseling by PWN, customer support, and other related services made available by PWN (the “PWN Services”).

I have considered and understand the following and freely give my consent to the HIV Testing Services:

  • 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. HIV can be transmitted through sexual activities and by needle-sharing, by pregnant women to their fetuses, and through breastfeeding
  • How does the test work? An 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 you 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 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.

I understand that if I have any questions before or after the HIV test, I can contact PWN's Care Team by calling 855-205-6146 or emailing patientservices@pwnhealth.com.

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. PWN 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, 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 Team by calling 855- 205-6146 or emailing patientservices@pwnhealth.com.

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 HIV Testing Consent and hereby consent to be tested for HIV pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWNHealth Terms of Service and PWNHealth Notice of Privacy Practices or as otherwise provided to me.