PWNHealth Terms of Use

Effective Date: October 5, 2021

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

These Terms of Use ("Terms of Use" or "Terms") govern your use of the services provided by PWN Remote Care Services, PW Medical Professional, certain affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, "PWNHealth", "we" or "us") relating to clinical oversight of the tests ("Test(s)"), including, without limitation, test request evaluation and ordering, receipt and evaluation of Test results (“Results”), genetic counseling, genetic counseling support tools, any customer support or counseling and any other related services provided by PWNHealth or its service providers and partners (the "PWNHealth Services") and the PWNHealth website ("PWNHealth Site"). PWNHealth is not responsible for any services provided by independent partners, laboratory testing or other services provided by the laboratory performing the Test(s). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR PWNHEALTH SITE.

By using the PWNHealth Services or the PWNHealth Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE PWNHEALTH SERVICES OR PWNHEALTH SITE.

As part of the PWNHealth Services, you may interact with certain website pages that are hosted by other entities. If you reach the site of another entity, that entity’s name will appear in the terms and will govern your interactions while on their pages. If these PWNHealth Terms of Use appear on any web page, then the webpage is governed by these Terms of Use.

  1. Changes to our Terms of Use. We reserve the right to modify or amend these Terms of Use at any time. All changes to these Terms of Use will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms of Use by conspicuously posting the changes on the PWNHealth Site. Continued use of the PWNHealth Site or PWNHealth Services after the effective date of a modified Terms of Use will indicate your agreement to any modified terms. Each version of our Terms of Use will be prominently marked with an effective date. If any of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the PWNHealth Site and the PWNHealth Services.

  2. Additional Terms. Your use of the PWNHealth Services and the PWNHealth Site are subject to any additional terms and policies, such as our Privacy Policy, Notice of Privacy Practices and any consents, of which we provide notice to you. The Privacy Policy and Notice of Privacy Practices can be found at Privacy Practices. You grant PWNHealth and our service providers the right to use your information as described in the Privacy Policy and Notice of Privacy Practices.

  3. Additional Terms. Your use of the PWNHealth Services and the PWNHealth Site are subject to any additional terms and polices, such as our Privacy Policy, Notice of Privacy Practices and any consents, of which we provide notice to you. The Privacy Policy and Notice of Privacy Practices can be found at Privacy Practices. . You grant PWNHealth and our service providers the right to use your information as described in the Privacy Policy and Notice of Privacy Practices.

  4. PWNHealth Services. The PWNHealth Services do not constitute treatment or diagnosis of any condition, disease or illness and PWNHealth 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, additional testing, diagnosis, medical treatment or to obtain an interpretation of the Results. 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 on the PWNHealth Site or obtained as a result of your use of the PWNHealth Services.

  5. Eligibility.

    The PWNHealth Services are not intended or designed for individuals under the age of 18. By using the PWNHealth Services or the PWNHealth Site, you confirm that you are 18 or over.

    The PWNHealth Services are intended for individuals located in and residing in the United States. By using the PWNHealth Services or the PWNHealth Site, you confirm that you are located in the United States when you receive the PWNHealth Services. If you access the PWNHealth Site and the PWNHealth Services from outside the United States, you are responsible for compliance with the laws of your jurisdiction. You are prohibited from using the PWNHealth Services or the PWNHealth Site to violate any local, state, national or international laws.

    You agree that the information you submit in connection with the PWNHealth Services is truthful and accurate. You agree that the PWNHealth Services are for your own personal use and that you will not order a Test (e.g. register a test kit) for another person.

  6. Availability of PWNHealth Services.

    The PWNHealth Services may not be available in certain states. You will be notified if PWNHealth Services are not available in the state in which you are located. PWNHealth Services may be modified from time to time at the sole discretion of PWNHealth.

  7. Clinical Oversight of Tests

    • Clinical Oversight of Tests

      PWNHealth is an independent group of affiliated health care providers, including physicians and genetic counselors that may provide clinical oversight. All PWNHealth Services provided by physicians and genetic counselors shall be provided through PWN Remote Care Services or its affiliated professional entities

    • Test Request Evaluation

      PWNHealth will evaluate Test requests based on information you have provided. PWNHealth may contact you if additional information is required. If appropriate, the Test will be ordered by a PWNHealth physician. You will be notified whether or not your Test has been approved. Any order will cease to be in effect after twelve (12) months.

    • Test Results and Support

      Once your Results have been received by PWNHealth, they will be evaluated and released by the PWNHealth clinical team. You will have access to PWNHealth genetic counseling support tools, as applicable to your Results, including on demand videos, webinars by genetic counselors with a messaging feature, "Ask a Genetic Counselor a Question" messaging feature and genetic counseling sessions. A member of the PWNHealth clinical team may reach out to you to schedule a genetic counseling session.

      You may receive your Results in the mail in certain circumstances, such as if a PWNHealth genetic counselor attempted to reach out to you to discuss your Results but was not able to reach you and you have not viewed your Results.

      You may contact the PWNHealth clinical team at any time either before or after the Test through the Contact Us link below.

  8. Links to Other Websites.

    The PWNHealth Site may contain links to third party websites. PWNHealth is not responsible for the content of such third party websites. If you elect to use such third party websites, your use is at your own risk and is subject to the terms and conditions of use for such sites.

  9. Prohibited Uses.

    You may not use the PWNHealth Site or PWNHealth Services except as expressly permitted in these Terms. You will not:

    • Use the PWNHealth Services or PWNHealth Site for any unlawful purpose;
    • Use the PWNHealth Site in any manner that could disable, damage or overburden the PWNHealth Site or interfere with other users' use of the PWNHealth Site;
    • Introduce any viruses, Trojan horses, worms, malware, time bombs or other material that is malicious, harmful or may damage the PWNHealth Site;
    • Disrupt, interfere with, or attempt to gain unauthorized access to any part of the PWNHealth Site, including any data on the PWNHealth Site or connected server or database;
    • Circumvent, bypass or breach any security device, protection or technological measure implemented by PWNHealth or our service providers to protect the PWNHealth Site;
    • Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user or impersonate any other user, person or entity; or
    • Remove, delete, alter or obscure any trademarks, specifications, warranties or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the PWNHealth Site or any content made available to you through the PWNHealth Site.

  10. Limitation of Liability.

    IN NO EVENT WILL PWNHEATH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF PWNHEALTH SITE OR THE PWNHEALTH SERVICES, EVEN IF PWNHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    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 SITE OR PWNHEALTH SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

  11. Disclaimers

    THE PWNHEALTH SITE IS PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE PWNHEALTH SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN.

    YOUR USE OF THE PWNHEALTH SERVICES AND THE PWNHEALTH SITE IS AT YOUR OWN RISK. PWNHEALTH AND ITS AFFILIATES AND THEIR 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 PWNHEALTH SITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE USE OF THE PWNHEALTH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, (III) THAT THE PWNHEALTH SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR (IV) THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE PWNHEALTH SITE. IN NO EVENT SHALL PWNHEALTH BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE PWNHEALTH SERVICES, PWNHEALTH SITE OR ANY RELATED CONTENT IF SUCH USE VIOLATES THESE TERMS.

  12. Indemnification You agree to defend, indemnify and hold harmless PWNHealth, and its subsidiaries, affiliates and respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers 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, (i) your violation of these Terms of Use or other policies or any applicable law or regulation or (ii) your use of the PWNHealth Services or PWNHealth Site in an unauthorized manner.

  13. Proprietary Rights The PWNHealth Site and the content made available to you on or through the PWNHealth Site, including, without limitation, all content, text, graphics, icons and images, and all intellectual property rights therein and any suggestions, ideas or other feedback provide by you are the sole and exclusive property of PWNHealth or our service or content providers and are protected by U.S. and foreign intellectual property laws. The PWNHealth Site and related content 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. The compilation of all of the content on the PWNHealth Site is also the exclusive property of PWNHealth and is protected by U.S. and foreign intellectual property laws.

    Except as expressly authorized by PWNHealth, you may not use, sell, modify, reproduce, redistribute, create derivative works, or otherwise exploit information provided to you through the PWNHealth Site, in whole or in part. PWNHealth grants you a limited, non-exclusive right to access and use the PWNHealth Site for personal, non-commercial purposes. Any use of the PWNHealth Site other than specifically authorized herein is strictly prohibited. Certain names, logos, brand or other materials displayed in and through the PWNHealth Site may constitute trademarks, trade names, service marks or logos (“Trademarks”) of PWNHealth, its affiliates or partners. You may not use such Trademarks without the prior written permission of PWNHealth or its affiliates or partners, as applicable.

  14. Termination; Modifications. PWNHealth may terminate these Terms of Use at any time in its sole discretion. PWNHealth may terminate, suspend or modify the PWNHealth Services at any time in its sole discretion with or without notice to you. Permission to use the PWNHealth Site and the PWNHealth Services may be terminated by PWNHealth at any time in its sole discretion. PWNHealth shall not be liable if for any reason all or any part of the PWNHealth Site is unavailable.

  15. General

    These Terms of Use, the PWNHealth Privacy Policy, 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 the use of the PWNHealth Services. These Terms of Use 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. You expressly agree that exclusive jurisdiction for any dispute with PWN, Health or in any way relating to your use of the PWNHealth Site, 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. If any provision of these Terms of Use 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 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. Upon termination of these Terms of Use, any provision that by its nature or express terms should survive, will survive such termination. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of these provisions shall be null and void PWNHealth may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

  16. For Texas Residents

    NOTICE CONCERNING COMPLAINTS Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.

    AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

  17. Contact Us

    If you have questions regarding the above, you may contact us at Contact Us or (855) 818-3964 with any questions or concerns regarding the above.