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PWNHealth is now Everly Health Solutions! Read the official announcement here.

PWNHEALTH

Terms of Use

(COVID-19 Testing)

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

YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER IF YOUR SYMPTOMS GET  WORSE OR YOU EXPERIENCE ANY NEW SYMPTOMS.  

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

These Terms of Use (“Terms”) govern your use of the services provided by PWN Remote Care  Services, PW Medical Professional, certain contractually affiliated professional entities and  PWNHealth, LLC (the administrative services provider of the professional entities) (collectively,  “PWNHealth”, “we” or “us”) relating to physician oversight of laboratory testing for COVID-19  (the “Test”), including, without limitation, evaluation of the test request, ordering of a Test (if  appropriate), receipt of Test results (“Results”), consultations by healthcare providers via  telemedicine (“Consults”), customer support and any other related services provided by PWN or  its service providers and partners (the “PWNHealth Services”). PWNHealth is not responsible  for the laboratory services, the provision of the Test or other services provided by the company  from which you requested the Test (“Test Provider”) or through or in connection with Test  Provider’s website. In these Terms, the terms “you” and “yours” refer to the person accessing  and/or using the PWNHealth Services. 

Your use of the PWNHealth Services is subject to our Notice of Privacy Practices, our Informed  Consent, any additional consents that you provide and any additional terms or policies of which  we provide notice to you. 

By using the PWNHealth 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, the  Informed Consent and any and all additional terms and policies. IF YOU DO NOT AGREE  WITH THESE TERMS, DO NOT USE THE PWNHEALTH SERVICES. 

  •  Changes to our Terms

We reserve the right to modify or amend these Terms, in whole  or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or  any third party. All changes to these Terms will be effective immediately upon their posting to  this webpage. We will notify you of material changes to these Terms by conspicuously posting  the changes on the website through which you ordered your test. Continued use of the  PWNHealth Services after the effective date of such modified Terms will indicate your  acknowledgement and agreement to be bound by the modified Terms. You are expected to  check this page from time to time so you are aware of any changes, as they are binding on you.  Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive  remedy is to discontinue your use of the PWNHealth Services. 

  • PWNHealth Services. 

The PWNHealth Services are provided for informational  purposes, and do not constitute treatment of any condition, disease or illness. PWNHealth’s  physicians do not and will not prescribe or order any drugs or medication in connection with the  PWNHealth Services. The PWNHealth Services do not replace your existing primary care or  other relationship with your physician. You are solely responsible for forwarding any Results to  your primary care or other personal physician and for initiating follow up with such physician for  care, diagnosis or medical treatments. PWNHealth will not forward your Results to your  personal physician; however you will be provided with Results that you can download and bring  to your personal physician. You should not make medical decisions without consulting with a  physician. Do not disregard medical advice from your healthcare provider or delay seeking  such advice based on the information obtained as a result of your use of the PWNHealth  Services. The PWNHealth Services are not intended to make a medical necessity  determination for insurance purposes.  

By accepting the Terms, you understand that PWNHealth and/or the Test Provider may send  you messages (including text messages), reports and emails regarding the PWNHealth  Services, Tests, Results, and/or any personal or health information you have provided in  connection with the PWNHealth Services. You further understand and agree that it is your  responsibility to monitor and respond to these messages, reports, and emails. 

  • Eligibility

The PWNHealth Services are not intended or designed for individuals under the age of 18 or the  applicable age or majority in the relevant state. By using the PWNHealth Services, you confirm  that you are age 18 or over or over the age or majority in your state, as applicable.  

The PWNHealth Services are intended for individuals located and residing in the United States.  However, the PWNHealth Services may not be available in certain U.S. states. You will be  notified if the PWNHealth Services are not available in the state in which you are located. You  agree that any and all data you provide or make available in connection with the PWNHealth  Services shall relate only to users located in the United States. By using the PWNHealth  Services, you confirm that you are located in the United States when you receive the  PWNHealth Services. You shall not access the PWNHealth Services outside of the United  States and PWNHealth 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  PWNHealth Services is truthful, accurate, and appropriate. You agree that the PWNHealth  Services that you request are for your own personal use and that you will not request a Test for  another person. 

You may be ineligible for a Test based on the information that you provide or otherwise. You will  be notified if it is determined that you are not eligible for a Test. 

  • Payment. 
    1. Self-Pay. If you have paid for the test services on a Test Provider’s website, you understand and agree that you are responsible for paying all fees associated with the PWN Services being offered through PWN, including any fees charged by medical providers and affiliated professional entities for professional services.  While we are aware that some health insurance plans may offer coverage for certain COVID-19  services (including testing services) and have waived or reduced patient co-pays associated with such services and testing, the medical providers and affiliated professional entities providing PWN Services for COVID-19 have not contracted with any health insurance plans to make these services available. Accordingly, you agree to pay PWN Remote Care Services or its contractually affiliated professional entities directly for the PWN Services provided to you.  You may request that PWN provide you with a detailed accounting of the PWN Services provided to you. This information may enable you to obtain reimbursement for your out-of-pocket expenses from your health insurer. However, the terms and conditions of coverage for COVID-19 services and testing vary by plan, and the COVID-19 services offered by PWN may  not be eligible for coverage or expense reimbursement.
    2. Employer Paid. If COVID-19 testing is being provided by your employer at no cost to you, your employer is responsible for  paying all fees associated with the PWN Services being offered through PWN, including any fees charged by medical providers and affiliated professional entities for professional services.   

  • Test Request Evaluation

PWNHealth affiliated independent physicians evaluate Test requests and determine whether  testing is appropriate for you. All PWNHealth Services provided by physicians shall be provided  through PWN Remote Care Services or its affiliated professional entities. You will be notified of  whether or not your Test request has been approved and ordered. If you have any clinical  questions in connection with your Test Request or at any time prior to receiving your results,  please email covid19@pwnhealth.com and you will be connected or directed to a member of the  PWNHealth clinical team.  

  • Results Outreach 

If you receive an abnormal result on a Test, you understand that PWNHealth’s Care  Coordination Team will attempt to call you to review the results, offer education and explain the  next steps you should take. PWNHealth’s Care Coordination Team may leave you a voicemail  but will not include your test results in any voicemail message. You also understand that if you  are not able to be reached, PWNHealth’s Care Coordination Team may mail a follow-up letter  to the residential address you provided when you purchased my test (the letter will not include  your test results). If you receive an abnormal result and have not connected with PWNHealth’s  Care Coordination Team, you understand that you should not delay following up with my  personal physician.  

PWNHealth may contact you after via phone, email or messaging to follow up with you on your  symptoms and customer satisfaction.  

  • Consults 

As part of the PWNHealth Services, you are eligible to receive a post-test telehealth  consultation (a “Consult”) with a PWN affiliated board certified physician or other healthcare  provider licensed in the state where you are located at no additional cost (a “PWN Healthcare  Provider”). After you have received your Results, you may arrange a Consult through the  PWNHealth Care Coordination Team, either through a call you may receive from the  PWNHealth Care Coordination Team regarding your Results or by contacting the PWNHealth  Care Coordination Team at the “Contact Us” number below. You will be asked by the  PWNHealth Care Coordination Team to complete a brief intake survey to collect necessary  health information prior to your Consult, including the state in which you will be located at the  time of the Consult. If you have arranged for a Consult, a PWN Healthcare Provider will make  up to three (3) attempts to reach you at the contact number you provided. If the PWN  Healthcare Provider does not reach you after three (3) attempts, you can contact the  PWNHealth Care Coordination Team at the “Contact Us” number below to arrange for additional  outreach by a PWN Healthcare Provider. At this time, PWNHealth does not schedule Consults  at designated times. During the Consult, you may speak with the physician by phone or video,  depending on your state’s regulations. 

During your Consult, you may discuss your Test Results, get educational information, and talk  about next steps. However, no treatment or prescriptions will be provided during or in  connection with the Consult. You will need to follow up with your personal physician for  treatment or prescriptions.  

PWNHealth may contact you after your Consult via phone, email or messaging to follow up with  you on your symptoms and customer satisfaction.  

  • Privacy

Please review the Notice of Privacy Practices, which describes PWNHealth’s practices  regarding the information that PWNHealth may collect from users of the PWNHealth Services.  By using the PWNHealth 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. 

  • Limitation of Liability

IN NO EVENT WILL PWNHEALTH OR ITS AFFILIATES AND THEIR RESPECTIVE  OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS,  GENETIC COUNSELORS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE  LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR  DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT  (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE,  INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR  CONSEQUENTIAL, DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF  GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE, SYSTEM FAILURE OR  THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR  PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH,  ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO OR USE OF (OR  INABILITY TO USE) ANY SERVICES. THE PRECEDING DISCLAIMERS AND LIMITATIONS  SHALL APPLY EVEN IF PWNHEALTH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS,  HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES OR LOSSES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF PWNHEALTH AND ITS AFFILIATES AND  THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,  LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS  ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED U.S. ONE  HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION  ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF  THE PWNHEALTH SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH  CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. 

  • Disclaimers

EXCEPT AS SET FORTH IN THESE TERMS, PWNHEALTH AND ITS AFFILIATES AND  THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,  LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS  HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER  EXPRESSED OR IMPLIED, AND ALL CONDITIONS WITH REGARD TO THE PWNHEALTH  SERVICES AND RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED  WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL  OR WRITTEN, WITH RESPECT TO THE PWNHEALTH SERVICES.  

PWNHEALTH AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,  EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE  PROVIDERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR  WARRANTIES THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA  TRANSMITTED IN CONNECTION WITH THE PWNHEALTH SERVICES.  

PWNHEALTH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR  ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES  INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY THE TEST PROVIDER,  AND/OR OTHER PROVIDERS OF LABORATORY SERVICES. PWNHEALTH IS NOT  RESPONSIBLE FOR ANY ERRORS OR OMISSION IN THE INFORMATION YOU PROVIDE  OR THAT IS PROVIDED TO PWNHEALTH ON YOUR BEHALF. 

  • Indemnification

You agree to defend, indemnify and hold harmless PWNHealth, its  subsidiaries and its affiliates, and their respective officers, directors, employees, agents,  partners, licensors, physicians, healthcare providers and service providers, from and against  any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including,  without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or  alleged to arise out of: (i) your violation of these Terms, other policies or any and all applicable  laws, rules or regulations; or (ii) your use of materials or features of the PWNHealth Services in  an unauthorized manner. 

  • Ownership; Intellectual Property and Proprietary Rights

All content, text, graphics, logos, icons and images provided by PWNHealth through or in  connection with the PWNHealth Services, and all intellectual property rights therein, and any  suggestions, ideas or other feedback provided by you, are the sole and exclusive property of  PWNHealth or our service or content providers and are protected by United States and foreign  intellectual property laws. The PWNHealth Services also contain proprietary and confidential  information that is protected under U.S. and foreign intellectual property laws, including  copyright, trademarks, service marks, patents or other proprietary rights and laws.  

Except as expressly authorized by PWNHealth, you may not use, sell, modify, reproduce,  distribute, create derivative works of or otherwise exploit any information or content made  available to you on or through the PWNHealth Services, in whole or in part. PWNHealth grants  you a limited, non-exclusive right to access and use the PWNHealth Services solely for  personal, non-commercial purposes on the condition that you comply with these Terms. Any  use of the PWNHealth Services other than as specifically authorized herein is strictly prohibited.  

Certain names, logos, brands and other materials displayed in connection with the PWNHealth  Services may constitute trademarks, trade names, services marks or logos (“Trademarks”) of  PWNHealth or its affiliates. You are not authorized to use any such Trademarks without the  express written permission of PWNHealth or its affiliates. Ownership of all such Trademarks and  the goodwill associated therewith remains with us or our affiliates. 

PWNHealth and our service providers, and our successors and assigns, may use, copy,  reproduce, modify, analyze, perform, display, distribute and otherwise disclose to third parties  any data for purposes of providing PWNHealth Services to you; conducting research or  analyses of such data; and designing, developing, implementing, modifying and/or improving  new, current or future features, products and services of PWNHealth using such data.  

All rights not expressly granted in these Terms are reserved.  

  • 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 PWNHealth 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  PWNHealth Services; and (iii) the PWNHealth Services. You may terminate the Terms at any  time by discontinuing use of the PWNHealth Services. Your permission to use the PWNHealth  Services automatically terminates if you violate these Terms. PWNHealth shall not be liable if,  for any reason, all or any part of the PWNHealth Services is unavailable. Upon termination of  these Terms, any provision that by its nature or express terms should survive will survive such  termination. 

  • 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, PWNHealth 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.

  • General

These Terms, the PWNHealth Notice of Privacy Practices, consents and any  other agreements incorporated by reference herein constitute the entire agreement between  you and PWNHealth with respect to access to and use of the PWNHealth Services. These  Terms and your use of the PWNHealth Services are governed by the laws of the State of  Delaware, without respect to its conflict of law principles. In the event a dispute arises between  the parties under these Terms or that in any way relates to your use of the PWNHealth  Services, the parties hereby agree to binding arbitration, which will be conducted in New York,  New York, in accordance with the Commercial Arbitration Rules of the American Arbitration  Association. If any provision of these Terms is found to be invalid or unenforceable by any court  having competent jurisdiction, the invalidity of such provision shall not affect the validity of the  remaining provisions of these Terms, which shall remain in full force and effect. No waiver of  any of these Terms shall be deemed a further or continuing waiver of such term or condition, or  of any other term or condition. You may not assign or transfer your rights or obligations under  these Terms without our prior written consent, and any assignment or transfer in violation of this  provision shall be null and void. There are no third-party beneficiaries to these Terms.  PWNHealth may freely assign or transfer these Terms without restriction. Subject to the  foregoing, these Terms will bind and inure to the benefit of the parties, their successors and  permitted assigns.  

  • Contact Us

Should you have questions about the PWNHealth Services, including about your Test or  Results, you may contact us at: 

 

Address: PWNHealth, LLC  

123 W 18th Street 

New York, NY 10011 

Email Address: covid19@pwnhealth.com 

Last updated: February 3, 2022