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Quest Consumer Inc. Terms and Conditions of Service
Quest Consumer Inc. ("Quest Consumer") enables individuals to select and purchase laboratory testing, products and other services from Quest Diagnostics Incorporated and affiliated laboratories ("Quest Diagnostics") and by nonaffiliated third parties (“Services”). When You purchase Services, You agree to be bound by the following terms and conditions understanding that should You choose not to accept them, You will not be able to purchase the Services. “You” or “Your” shall mean the purchaser of any of the Services and “We” or “Us” or “Our” shall mean Quest Consumer.
1. You are 18 years of age or older and are voluntarily requesting Services.
2. The information that You have provided to purchase the Services is correct.
3. Unless You are purchasing testing that is intended to be used and resulted at home, Your test request is submitted to a board-certified physician licensed in Your state (or their designee) from PWNHealth LLC and its related professional entities (“PWN”) to review, approve and order Your testing in accordance with state laws and regulations.
4. To make a purchase on questhealth.com, You must have signed a HIPAA Authorization. The HIPAA Authorization allows Quest Diagnostics to share information about You and Your lab tests with Quest Consumer, a non-HIPAA covered entity. For COVID-19 tests, You may receive Your test results by secure email to the email address that You provided when You purchased the testing.
5. Once Your results are ready, You will receive an email notification and You can view the results, maintained by Quest Diagnostics, by logging into questhealth.com. While emails are attempted to be sent securely, they may not remain encrypted during transmission. There is a risk that electronic communications, including emails and texts, could be intercepted or viewed by a third party. Once received by You, anyone with access to Your email account or device can see Your emails or texts. When You provide Your phone number and/or email, You acknowledge and accept this risk.
6. Quest Consumer will only use information You provide as permitted by the Quest Consumer Privacy Notice and applicable law. The purpose of Our Privacy Notice is to identify the information We collect online, the steps We take to protect it and Your choices regarding how that information is used. For example, We may use Your personal information to provide emails (and texts if You separately opt in to receive text messages) containing information about our products and services, events and/or news, that may be of interest to You, as permitted by law. After creating Your account, You can visit Your questhealth.com account to adjust Your communication preferences.
7. Testing purchased from Quest Consumer does not replace the interpretation of results and the care recommendations of a physician. It is solely Your responsibility to promptly discuss Your laboratory results with a physician and Quest Consumer recommends that You do so. The test results that You receive are not intended to diagnose or treat disease and do not constitute the practice of medicine. Test results may vary depending upon, but not limited to, personal information such as age, medications and fasting status (refrained from eating or drinking anything but water for a number of hours prior to testing). False-positive and false-negative test results are possible and are one reason why We recommend that You discuss all results with Your personal physician. There are various medical diseases that cannot be uncovered by these tests alone.
8. For tests involving laboratory processing of a specimen, Your results will be reviewed by a board-certified physician, licensed in Your state from PWN. You may be contacted if the PWN physician determines, in his or her independent medical judgment, that one or more of Your test results is sufficiently outside a normal reference range to indicate a need for You to seek medical attention ("Alert Calling"). You agree that You have authorized this process and that You hereby waive any claim You could assert pursuant to any privacy laws regarding this message that is believed to be medically necessary for Your well-being. We emphasize that You should share Your test results with Your personal physician for treatment purposes as appropriate. If results come back out of normal range, Your physician may order further testing which may generate additional expense. After Your laboratory results are received, You may also choose to speak with a care coordinator at PWN or a PWN Physician licensed in Your state to explain the results. You understand and agree that any services provided to You by PWN, including Alert Calling (as described above) and the determination as to whether Alert Calling is medically appropriate and any consultations or coaching sessions with PWN and advice and treatment provided or not provided during those sessions are being provided directly by PWN using their own independent medical judgment and are subject to PWN's Terms of Service and Privacy Policies. You further understand and agree that Quest Consumer is not involved in providing these PWN services to You and would not be responsible for any performance or failure to perform by PWN of these services. The PWN service fee, indicated when You make Your purchase, is being collected by Quest Consumer on behalf of PWN and is non-refundable.
9. By purchasing the Services through questhealth.com, You have elected not to 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). Therefore, You understand and agree that the Services purchased by You through questhealth.com are solely Your financial responsibility.
10. You may be able to submit the expenses associated with the Services to Your Health Savings Account, Flexible Spending Account, Health Reimbursement Account, or similar account for reimbursement. Please check with Your health account administrator to see if these expenses are eligible for reimbursement under Your plan.
11. After Your purchase of testing involving in-person collection at a Quest Diagnostics location, You have 60 days to cancel Your purchase prior to sample collection. There is a non-refundable cancellation fee of $20 for each order, which includes the fees charged by PWN and Quest Diagnostics administrative fees. In some states, applicable taxes are non-refundable as well. If You do not have Your sample collected within 60 days of Your purchase, Your purchase will expire. In that event, You will be automatically refunded Your purchase price minus the non-refundable cancellation fee of $20, and applicable taxes, in accordance with state law, for each order. You will not receive a refund if the price You paid for an order inclusive of the fees charged by PWN is less than the non-refundable cancellation fee of $20. Any refunds provided will be issued to the same payment method used for the purchase.
12. After Your purchase of home collection kits with lab processing and resulting, You have 60 calendar days prior to activating Your kit to cancel your purchase and receive a refund. There is a non-refundable cancellation fee of $45, which includes the fees charged by PWN, collection materials, and administrative fees. In some states, applicable taxes are non-refundable as well. After activating Your kit, if Your sample does not arrive at Our laboratory within 14 business days of Your kit activation, Your purchase will expire. In that event, You will be automatically refunded Your purchase price minus the non-refundable cancellation fee of $45, and applicable taxes, in accordance with state law.
13. Testing involving home collection kits that are intended to be used and resulted at home are non-refundable, all sales are final.
14. If Your purchase of testing includes home collection kits, In-home sample collection with Quest Mobile or any other product or service not described in sections 12 or 13 above, please refer to the specific product pages for any additional applicable terms and conditions. By purchasing these products or services, you agree to these additional terms and conditions.
15. If You are participating in a sponsored program using a sponsored promo code, in which a sponsor is paying for all or a portion of Your testing, You must review the terms of Your sponsored program, as provided by Your program sponsor, for additional details. Your sample must be collected within 60 days of initial use of the promo code (or Your sample must be received by Quest Diagnostics within 60 days of activation if the testing includes a home collection kit). Quest Consumer will not share the results of the testing with Your sponsor in a manner that identifies You, unless you have consented to share your results with the sponsor as part of the sponsored program. If You purchase testing that is not included in Your sponsored program, You are responsible to pay for that testing. Cancelled or expired testing is subject to the non-refundable cancellation fees outlined in Paragraphs 11 and 12, respectively . Some sponsored testing programs may cover the non-refundable cancellation fee. Please review the details of Your sponsored program to learn if You or Your sponsor is responsible for the non-refundable cancellation fee.
16. We may use other organizations at times to provide certain Services or facilitate administrative processes required in connection with the Services. Third parties may also use other organizations at times to provide support for their products or services or to facilitate their own administrative processes.
17. The clinical laboratories and physician groups that provide testing services to You after purchase may report Your test results to any local, state, or federal authority, such as public health authorities, as permitted or required by applicable law, or as authorized by You.
18. No rights to the name or use of the name "Quest" or “Quest Consumer” are granted to You in connection with the Services. You are not authorized to make any metatags or in any other fashion create the impression of affiliation or sponsorship with or by Quest Consumer.
19. Quest Consumer reserves the right to make changes to these Quest Consumer Inc. Terms and Conditions of Service at any time and they will be effective immediately upon posting to the internet. Any of the Services offered (including services offered by PWN as described above) may change from time to time and notice will not be provided.
20. QUEST CONSUMER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH YOUR PURCHASE OF ANY SERVICES OR INFORMATION CONTAINED ON THIS WEBSITE. SERVICES OFFERED AND PRODUCTS MADE AVAILABLE BY A THIRD PARTY ("THIRD PARTY PRODUCT") MAY CONSTITUTE, CONTAIN OR BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO, OR PACKAGED TOGETHER WITH THE SERVICES OR MAY BE REFERENCED ON A THIRD-PARTY WEBSITE. FOR THE AVOIDANCE OF DOUBT, QUEST CONSUMER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICE OR PRODUCT INCLUDING WITHOUT LIMITATION ANY TEST OR SERVICE OF SUCH THIRD-PARTY REFERENCED ON OUR WEBSITE.
21. By accepting these Quest Consumer Inc. Terms and Conditions of Service, You voluntarily assume any risks associated with the Services. By clicking the Accept/Agree button, You certify that You have read and agree to these Quest Consumer Inc. Terms and Conditions of Service and that You knowingly and voluntarily acknowledge and consent to third-party review and approval of Your testing selection by the Prescriptive Authority Provider and testing by Quest Diagnostics as described in these Quest Consumer Inc. Terms and Conditions of Service.
22. You agree to indemnify, defend, and hold harmless Quest Consumer, Our affiliates, and Our and their respective officers, employees, contractors, agents, licensors, suppliers, subsidiaries, affiliates, directors, partners, managers, members, successors, and assigns, from and against any and all third-party actions, suits, claims, or demands and any associated losses, expenses, damages, fees, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to Your use or misuse of any portion of the Services or the use or misuse of any portion of the Services by a third party that you purchase the Services for Your violation of these Terms.
23. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, REVENUE, OR DIMINUTION IN VALUE, WHETHER ARISING OUT OF BREACH OF THESE QUEST CONSUMER INC. TERMS AND CONDITIONS OF SERVICE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PRODUCTS AND SERVICES SOLD HEREUNDER.
24. These Quest Consumer Inc. Terms and Conditions of Service shall be governed by the laws of the State of New Jersey and the applicable federal laws of the United States without giving effect to any choice or conflict of law provision or rule whether of the State of New Jersey or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
25. Dispute Resolution and Binding Arbitration. Any dispute between You and Us concerning an amount less than $750,000 shall be submitted to arbitration, which shall be exclusive, final, binding, and conducted by one arbitrator in accordance with the rules of the American Arbitration Association ("AAA") applicable to consumer disputes. The decision of the arbitrator shall be final and in writing setting forth the award and the reasons therefor. All hearings in the arbitration shall be held in New Jersey. You and We shall each bear its own fees and expenses, including attorneys’ fees. The fees and expenses of the arbitrator and the cost of the arbitration shall be borne equally by You and Us. In no event shall the arbitration’s award exceed $750,000. Any dispute concerning $750,000 or more will be resolved exclusively in the Federal courts of New Jersey. If this federal court is not an available forum because it does not have subject matter jurisdiction over the dispute, this action shall then be brought in the courts of the State of New Jersey. You and We further hereby irrevocably waive, to the fullest extent permitted by law, all rights to trial by jury in any action, proceeding or counterclaim (whether in contract, statute, tort or otherwise) relating to or arising from the Services. In any litigation, each party shall bear its own fees and expenses, including attorneys’ fees.
26. You and We acknowledge and agree that a breach or threatened breach of these Quest Consumer Inc. Terms and Conditions of Service would cause irreparable and immediate harm to the other party for which monetary damages would not be an adequate remedy. It is accordingly agreed that in addition to any other remedy to which You or We may be entitled at law or in equity, such party will be entitled, without notice or bond, to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction.
27. You represent and warrant that you are buying the Services for personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
28. Force Majeure. You nor We shall be liable or responsible to each other, or be deemed to have defaulted under or breached these Quest Consumer Inc. Terms and Conditions of Service, for any failure or delay in fulfilling or performing any respective term of these Quest Consumer Inc. Terms and Conditions of Service (except for Your obligation to make payments to Us hereunder), where such failure has been caused by any event, foreseen or unforeseen, outside the reasonable control of the party who had the duty to perform and that renders performance impossible or impracticable, including but not limited to: acts of God; acts of government; natural disasters such as floods, earthquakes and severe weather events such as hurricanes; international or national hostilities, including acts of war (declared or undeclared), insurrection, terrorism, mass casualty events or other intentional violent actions; public health emergencies; fire; power failure; cyberattack or ransomware attack; strike; lockout; riot; civil unrest, inevitable accident, inability to procure labor or materials; or any other event, like or unlike those listed above (collectively, “Force Majeure Event”) not within Your or Our reasonable control, but only to the extent prevented by the Force Majeure Event.