END USER TERMS OF SERVICE
Last updated: May 22, 2020
THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND VIDACHECK, LLC (“VIDACHECK” OR “WE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THEM AND REGISTERING TO USE VIDACHECK’S SEROLOGICAL ANTIBODY TESTING KIT AND OUR SERVICES. BY CLICKING THE BOX TO INDICATE YOUR ACCEPTANCE AND BY REGISTERING WITH VIDACHECK, YOU AGREE AND ARE BOUND BY THESE TERMS OF SERVICE. THESE TERMS SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO VIDACHECK’S SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CLICK ON THE ACCEPTANCE BOX AND DO NOT USE THE KIT OR VIDACHECK’S SERVICES
In consideration of VidaCheck’s provision of the Kit and Services to you, you agree with VidaCheck as follows
1. VIDACHECK’S PRODUCTS AND SERVICES. VidaCheck provides serological antibody test kits (the “Kits“) to individuals, organizations and companies for personal use. Individual users sign up online to receive our testing services for the Kits and to provide us with the necessary consents and approvals. Collection of blood samples is done through a finger-prick process that may be self-administered or performed by a family member, friend or other person. VidaCheck’s affiliate, Quansys Biosciences, Inc. (Quansys”), performs the lab testing on and analysis of the serological antibody test samples sent to VidaCheck, and then provides the results to VidaCheck to distribute to the individual customers. VidaCheck’s website (the “Website”) includes information for customers and an online service (the Online Service”) for individuals to set up and maintain an account with VidaCheck (the “Service Account”) in order to purchase Kits and receive test results. VidaCheck’s and Quansys’s services include providing Kits, providing and maintaining the Website and Online Service, performing serological antibody tests, and communicating test results to customers (collectively, the “Services”).
- ADDITIONAL TERMS AND POLICIES. As part of these Terms of Service, you represent to VidaCheck that you have also read, understand and agree to the following:
- Notice of Privacy Practices: https://www.vidacheck.com/notice-of-privacy-practices
- Service Terms, Authorization and Informed Consent Form: https://www.vidacheck.com/service-terms-authorization-and-informed-consent-form/
- USE OF KIT AND VIDACHECK MATERIALS. VidaCheck has provided or will provide you with one or more Kits and related Services, as distributed and paid for either by you or by a third party for your benefit. Subject to your compliance with these Terms of Service, timely payment of all applicable fees, and our receipt of other required personal information, waivers, consents and authorizations from you, VidaCheck grants you a non-exclusive, revocable, and non-transferable right to use our Services and access the Website and your Service Account solely for your own and your dependents’ personal use. You acknowledge and agree that the Website and other Services, other materials that may be made available by VidaCheck as part of the Services, and these Terms of Service, may be modified and updated from time to time in VidaCheck’s sole discretion.
- NO MEDICAL CARE IS PROVIDED. OUR KITS AND TESTING SERVICES AND THE INFORMATION PROVIDED THROUGH THE WEBSITE AND ONLINE SERVICE AND IN ANY OTHER COMMUNICATIONS FROM US ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION YOU MAY HAVE READ OR SEEN IN THE KIT OR ON OUR WEBSITE OR ONLINE SERVICE. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
- YOUR PAYMENT OBLIGATIONS.
- All fees are as quoted on the Website. At our sole discretion, we may revise our fees from time to time. Increases in fees are effective at the time we post the increased fees on the Website or the Online Service portal. We may also email notices of increased fees to you if you have a Service Account with us.
- Advance payment is required before we provide or deliver any test results or other Services.
- If you use a credit card for payment purposes, you certify to VidaCheck that you are 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to use the credit card to pay prices and fees through your account with VidaCheck.
- VidaCheck may make available to you an optional subscription for the Kits (a “Subscription”), under which you may register and pay a recurring fee for VidaCheck to send you a given number of Kits on a periodic basis (e.g., monthly or quarterly). If you purchase a Subscription, you must provide us (through a third party payment processor) with your credit card information and authorize the recurring charges for your Subscription. Your credit card will be periodically charged the applicable Subscription fee in accordance with the subscription period option that you select. You agree to keep your credit card information current. Failure to do so may result in suspension or termination of your Subscription and Service Account.
- YOUR OBLIGATIONS RELATING TO YOUR SERVICE ACCOUNT.
- You agree to (i) provide truthful and accurate registration information; (ii) promptly inform us of any changes to your registration information, including but not limited to your address and email address; (iii) take all reasonable precautions to safeguard access to your password for your Service Account and to prevent unauthorized access to your Service Account and the Online Service; and (iv) promptly report to us any unauthorized use of your Service Account or password or the Services of which you become aware.
- You are responsible for keeping your Service Account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information, as well as any unauthorized activities by them relating to your Service Account and the Online Service.
- Children under age 13 may not themselves register for a User Account or provide us with their personal information. Only their parent or guardian may do that. If you use the Online Service and other Services on behalf of any person under the age of 13 and provide such child’s personal data to VidaCheck, you must be the parent or guardian of such minor child, and you hereby represent to VidaCheck that you are the parent or guardian of any child whose personal data you input or allow to be inputted into a User Account.
- YOUR OTHER OBLIGATIONS. As a condition of your use of VidaCheck’s Services and all VidaCheck materials provided to you, including the Kit, the Website and Online Service and their contents, and all other products and written or electronic content of VidaCheck and Quansys (collectively, the “VidaCheck Materials”), you warrant to VidaCheck that you will not use any of these VidaCheck Materials for any purpose that is unlawful or that is prohibited by these Terms of Service. Without limiting this warranty, you specifically agree that:
- You will not use the Website or Online Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
- You will not copy (except as otherwise expressly permitted herein) any part of the Kit, Website Content, or other VidaCheck Materials. You may not resell the Kit or our Services to third parties without VidaCheck’s written authorization.
- You will not upload or introduce to the Website or Online Service any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- You will not obtain or attempt to obtain any materials or information on or through the Online Service through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining, or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Service or Website, the server on which they are stored, or any server, computer or database connected to the Website or Online Service.
- You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor the Website or Online Service or any of their contents, or attack the Website or Online Service via a denial-of-service attack or a distributed denial-of-service attack.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website, Online Service or other VidaCheck Materials other than for their authorized purposes.
- You will use VidaCheck Materials solely for your own personal use and/or for your children or dependents as authorized, unless you’ve obtained the prior express written permission of VidaCheck. This includes creating any Service Accounts by automated means, under false or fraudulent pretenses, or for any third parties unless you are specifically unauthorized to do so.
- You will not delete or alter any proprietary rights or attribution notices in any VidaCheck Materials.
- You agree that you do not acquire any ownership rights in any VidaCheck Materials. We do not grant you any licenses, express or implied, to any Website content or other VidaCheck Materials except as expressly provided in these Terms of Service, in connection with such content or materials, or as contained in a binding contract between you or the Property Agent and VidaCheck.
- OWNERSHIP AND DATA USAGE RIGHTS.
- All VidaCheck Materials sent to you or made available by VidaCheck online, including the Kit, Website content, software, technology, text, graphics, trademarks, logos and images, are the property of VidaCheck or its suppliers or licensors. All VidaCheck Materials are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any VidaCheck Materials.
- If you provide any suggestions, ideas or feedback to VidaCheck (“Feedback”), VidaCheck shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into or use it to improve VidaCheck’s products and services.
- USE OF WEBSITE INFORMATION AND DOCUMENTS. You may view, print, and copy your own data and records on your Service Account at any time. Except as otherwise indicated elsewhere on this Website, you may also copy or print help files and any similar documents made available by VidaCheck on this Website for use by customers and Website users, solely for your own informational and personal purposes. Such files and documents and shall not be copied or posted on any website or network computer or broadcast in any media. VidaCheck reserves the right to revoke its consent to use of its materials at any time, and any such use shall be discontinued immediately upon notice from VidaCheck.
11. THIRD PARTY MATERIALS AND WEBSITES SITES. VidaCheck is not liable for any content provided by any user or third party. We will use reasonable efforts to respond in a timely manner regarding complaints about inaccurate or otherwise objectionable matter posted on or linked to the Website or Online Service or contained in any VidaCheck Materials, but cannot guarantee the timing of the removal of such material. Our providing of a link to a third party website does not constitute an endorsement of their products or services by us. If you decide to access or use any third party websites linked to this Website, you do this entirely at your own risk.
- TRADEMARKS. VidaCheck’s and Quansys’s names and logos, as well as any other VidaCheck or Quansys brands, slogans or marks displayed on the Website or used in VidaCheck Materials, are registered or unregistered trademarks or service marks of VidaCheck and Quansys. The names of any third party companies and their logos that may appear on the Website or in other VidaCheck Materials are the property of their respective owners, and may be registered trademarks. VidaCheck’s trademarks may be used publicly only with prior written permission from VidaCheck.
- TERM OF AGREEMENT. These Terms of Service shall remain in force until they are terminated. Either you or VidaCheck may terminate these Terms of Service at any time, for any or no cause, by giving notice to the other party. You or VidaCheck may close your Service Account at any time, provided that if VidaCheck does so without cause, VidaCheck will refund to you any prepaid fees for Kits and/or Services that you have not received. Without limiting the foregoing, if you breach any of the terms of these Terms of Service, VidaCheck has the right, at its sole discretion and without prior notice to suspend, modify, disable, or terminate your Service Account. Sections 2, 4, 7, 8, 9, 11, 12, 13, 14, 16, 17, 18, 20 and 21 of these Terms of Service, as well as the terms of the documents referenced in Section 1 above, will survive termination of these Terms of Service for any reason.
- INDEMNIFICATION. You agree to indemnify and hold harmless VidaCheck and Quansys, and their officers, directors, employees and agents, from and against any and all actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) that such parties may incur or suffer arising out of or relating to your violation of these Terms of Service, including without limitation breach of your obligations under Sections 4 and 5, or your misuse of any of our Services. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
- ASSIGNMENT. These Terms of Service may not be assigned by you without VidaCheck’s prior written consent. VidaCheck may assign these Terms of Service to another company, including without limitation in connection with a merger or buyout.
- WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY.
- VidaCheck and Quansys have implemented various safeguards to avoid defects in the Kits or errors in testing and processing. Please note that some samples are less viable by the time they are received by Quansys for lab testing and analysis. If there is a material defect in the Kit or if that a sample is not viable for testing, we will send you a replacement Kit free of charge or refund the fees paid by you, at our option. This replacement or refund is our sole obligation and your sole remedy for any defects in the Kit or any errors or other problems with our Services.
- EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE, THE KIT, OUR SERVICES, WEBSITE AND OTHER VIDACHECK MATERIALS ARE PROVIDED “AS IS.” YOU REMAIN SOLELY RESPONSIBLE FOR YOUR PROPER MEDICAL CARE, EVEN IF THE KIT OR SERVICES FAIL OR YOU ARE GIVEN INCORRECT TEST RESULTS. VIDACHECK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. VIDACHECK DOES NOT WARRANT THAT THE KIT, ITS SERVICES OR ANY VIDACHECK MATERIALS ARE ERROR-FREE, OR THAT THE ONLINE SERVICE IS FREE OF ANY VIRUSES OR OTHER MALWARE.
- VIDACHECK AND QUANSYS, AND THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, STAFF, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF YOUR, YOUR FAMILY MEMBER’S OR DEPENDENT’S USE OF OR ANY FAILURE OF THE KITS, SERVICES, OR VIDACHECK MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR CLAIMS FOR PHYSICAL OR PSYCHOLOGICAL INJURY, ILLNESS, DEATH, OR ECONOMICAL OR EMOTIONAL LOSS SUFFERED AS A RESULT OF USE OF THE KITS AND TESTING SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM OR THROUGH VIDACHECK 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. YOU ACKNOWLEDGE THAT THE BLOOD SAMPLE COLLECTION PROCEDURE USED TO OBTAIN THE SAMPLE MAY BE UNCOMFORTABLE AND MAY CAUSE FAINTING OR OTHER ADVERSE CONSEQUENCES ( FOR EXAMPLE, IF THE PERSON TAKING THE TEST IS ON BLOOD THINNER MEDICATION). YOU AGREE THAT VIDACHECK AND QUANSYS ARE NOT RESPONSIBLE FOR ANY ADVERSE RESULTS ARISING OUT OF YOUR USE OF THE KIT AND OUR SERVICES, INCLUDING THOSE CAUSED BY PRE-EXISTING CONDITION, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THOSE CONDITIONS. IN ANY EVENT WE ARE NOT LIABLE FOR ANY FAILURES OR OMISSIONS ARISING OUT OF OR RELATED TO NATURAL DISASTERS, EPIDEMICS, ACTS OF GOD OR PUBLIC ENEMIES, COMMUNICATIONS FAILURE, OR ANY OTHER CAUSE OUTSIDE OF OUR REASONABLE CONTROL.
- VIDACHECK’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATING TO OUR SERVICES AND PRODUCTS OR THESE TERMS OF SERVICE, INCLUDING ANY USE OF OR INABILITY TO USE THE SERVICES, ONLINE SERVICE OR KIT, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.000. IN NO EVENT SHALL VIDACHECK BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OR PRODUCTS OR SERVICES, REGARDLESS OF WHETHER VIDACHECK HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
- Some jurisdictions prohibit certain disclaimers or limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
- 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.
- APPLICABLE LAWS.
- VidaCheck controls the Online Service and Website from its offices in the United States of America. VidaCheck makes no representation that the Kit, Services or VidaCheck Materials are legal or appropriate or available for use in other countries, and access to them from territories where their use is illegal is prohibited. Those who choose to access or use the Kit, Services or VidaCheck Materials from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- You may not export the Kits or other VidaCheck Materials without VidaCheck’s written permission or in violation of U.S. export laws and regulations. Unless otherwise agreed by VidaCheck in writing, if you export the Kits or other VidaCheck Materials you are solely responsible for compliance with any applicable export or import laws or regulations.
- These Terms of Service shall be governed by the laws of the state of Utah, excluding conflicts of laws rules. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to these Terms of Service.
- Nothing contained in these Terms of Service limits VidaCheck’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kits and Services.
- Class Action Waiver: Any proceedings to resolve or litigate 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 class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No legal proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
- ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE KITS OR OUR OTHER SERVICES OR VIDACHECK MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- COPYRIGHT INFRINGEMENT AND TAKEDOWN NOTICES. We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website or other VidaCheck Materials are infringing, please notify us and provide a description of the material that you believe is infringing and your contact information. We will respond to such notices, consistent with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws. We may request additional information before we remove or revise allegedly infringing material. It is VidaCheck’s policy to remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by us or any of our advertisers, affiliates, content providers or users. Our designated agent to receive any notification under this section is:
Attn: DCMA Copyright Notice
365 N 600 W
Logan UT, 84321
- NOTICES.You agree that we may provide you with notices by email or by communication through your Service Account.
- ELECTRONIC SIGNATURES. If you draw, type or attach your signature or any other text, symbol or image in a box or space associated with any contract or form provided by VidaCheck, including checking a box indicating your acceptance of any terms or conditions, you are agreeing to be legally bound by the terms and conditions of that contract or form. Such action by you constitutes an “Electronic Signature,” which shall have the same force and effect as an original signature. No third party certification or verification is necessary to validate an Electronic Signature.