Quest Consumer Inc. Terms and Conditions of Service
Quest Consumer Inc. ("Quest Consumer") enables individuals to select and purchase laboratory testing from Quest Diagnostics Incorporated and affiliated laboratories ("Quest Diagnostics") and related services offered by nonaffiliated third parties intended to be used and resulted at home (“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.
Arbitration Notice: This Agreement contains an arbitration provision that governs how claims that You and We have against each other are resolved. Please read below for more details.
- You are 18 years of age or older and are voluntarily requesting Services.
- The information that You have provided to purchase the Services is correct.
- Unless You are purchasing testing that is intended to be used and resulted at home, Your test request is submitted to an authorized medical provider licensed in Your state from an authorized Prescriptive Authority Provider to review, approve and order Your testing in accordance with state laws and regulations.
- 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.
- 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.
- 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 telephonic outreach 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.
- If you provide your mobile phone number, we may use this information to send you transactional SMS updates about your tests, results, account and scheduling. The number of messages will vary. Reply 'STOP' to any SMS message to unsubscribe from SMS updates. Reply 'HELP' to get help. Quest Consumer does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. Quest Consumer will not be liable for any delays in the receipt of any SMS messages. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology.
- Testing purchased from Quest Consumer does not replace the interpretation of results and the care recommendations of a health care provider. It is solely Your responsibility to promptly discuss Your laboratory results with your health care provider 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 health care provider. There are various medical diseases that cannot be uncovered by these tests alone.
- For tests involving laboratory processing of a specimen, Your results will be reviewed by an authorized medical provider, licensed in Your state from the Prescriptive Authority Provider. You may be contacted if that health care provider determines, in their 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 health care provider for treatment purposes as appropriate. If results come back out of normal range, Your health care provider 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 or health care provider at the Prescriptive Authority Provider to explain the results. You understand and agree that any services provided to You by the Prescriptive Authority Provider, including Alert Calling (as described above) and the determination as to whether Alert Calling is medically appropriate and any consultations or coaching sessions with the Prescriptive Authority Provider and advice and treatment provided or not provided during those sessions are being provided directly by the Prescriptive Authority Provider using their own independent medical judgment and are subject their Terms of Service and Privacy Policies. You further understand and agree that Quest Consumer is not involved in providing these Prescriptive Authority Provider services to You and would not be responsible for any performance or failure to perform by PWN of these services. The Prescriptive Authority Provider service fee, indicated when You make Your purchase, is being collected by Quest Consumer on behalf of the Prescriptive Authority Provider and is non-refundable.
- 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.
- You may be able to submit the expenses associated with this testing 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.
- 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 test, which includes the fees charged by the Prescriptive Authority Provider 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 test. You will not receive a refund if the price You paid for a test inclusive of the fees charged by the Prescriptive Authority Provider 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.
- 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 the Prescriptive Authority Provider, 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.
- Testing involving home collection kits that are intended to be used and resulted at home are non-refundable, all sales are final.
- If Your purchase of testing includes home collection kits or In-home sample collection with Quest Mobile, please refer to the specific product pages for any additional applicable terms and conditions. By purchasing these products, you agree to these additional terms and conditions.
- 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 12 and 13, 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.
- We may use other organizations at times to provide certain Services or facilitate administrative processes required in connection with the Services.
- The clinical laboratories and health care providers 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.
- 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.
- 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 the Prescriptive Authority Provider as described above) may change from time to time and notice will not be provided. I understand that any material amendments to this agreement will not apply to any claims that may have accrued prior to the material amendment.
- 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. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME WARRANTIES, SO SOME OF THE DISCLAIMERS SET FORTH IN THIS SECTION 21 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- By accepting these Quest Consumer Inc. Terms and Conditions of Service, You voluntarily assume any risks associated with the testing. By clicking the Accept/Agree button, You certify that You have read and understand 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.
- 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 (a) Your use or misuse of any portion of the Services; (b) the use or misuse of any portion of the Services by a third party that you purchase the Services, and/or; (c) Your violation of these Terms.
- 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), STATUTORY VIOLATION, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PRODUCTS AND SERVICES SOLD HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 24 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- 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, including the Federal Arbitration Act, 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. Further, You agree that, for any disputes that have been determined by a court of law or an arbitrator as not being subject to arbitration and are not brought in small claims court (as detailed below), such disputes must be brought in a state or federal court located in or for Morris County, New Jersey. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. As detailed below, however, and to the extent permitted by law, no such dispute may be brought on a class or representative basis.
- BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT, AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
You agree that any and all disputes, claims or controversies directly or indirectly arising out of or relating to this Agreement or any aspect of the relationship between You, on the one hand, and Quest Consumer (including but not limited to any parent companies, subsidiaries, affiliates, joint venturers and/or vendors utilized to perform Services), on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory – including, but not limited to, claims relating to my account, Quest Consumer Services, and communications from or on behalf of Quest Consumer (“Disputes”) – shall be submitted to JAMS, or its successor, for confidential, final and binding arbitration to be resolved by a single arbitrator.
You further agree that the arbitration will take place on an individual basis, that class arbitrations and class actions are not permitted, and that You are agreeing to give up the ability to participate in any class action. For avoidance of doubt, You are agreeing to give up the ability to bring a lawsuit in court (except small claims discussed below); and You are giving up the ability bring or participate in a class action in any form or forum, even if my Dispute is determined not to be subject to arbitration.
The parties understand that, absent this mandatory Section 26 and the provisions herein, they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration. The parties further understand that the right to discovery may be more limited in arbitration than in court.
You and Quest Consumer agree to negotiate your claim in good faith prior to initiating any arbitration. You agree that you may not commence any arbitration or small claims proceeding unless you and we are unable to resolve the claim within 60 days after we receive notice of your Dispute at the address provided below, and you have made a good faith effort to resolve your claim directly with us during that time.
Quest Consumer Inc.
500 Plaza Drive
Secaucus, NJ 07094
Attn: General Counsel’s Office
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either You or Quest Consumer may start an arbitration or small claims court proceeding.
Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.§§ 1–16). Further, any arbitration will be governed by the JAMS Streamlined Rules for Arbitration (“Rules”) and will comply with the JAMS Consumer Minimum Standards, both of which are incorporated by reference. The JAMS arbitrator shall resolve the Dispute and is empowered with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any contention that all or any part of this Agreement is unconscionable, void or voidable. The party that prevails in the arbitration shall be entitled to recover from the other party all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in connection with the arbitration; except that this provision shall not apply if I live in California.
Notwithstanding the foregoing, You understand that You may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.
If any court or if the arbitrator determines that the arbitration class action waiver set forth in this paragraph is void or unenforceable for any reason as to any claim or that an arbitration can proceed on a class basis for any reason as to any claim, then the arbitration provision set forth herein shall be deemed null and void in its entirety as to that claim only and the parties shall be deemed to have not agreed to arbitrate disputes as to that claim only. The arbitration provisions will apply to any and all other claims, however. If any other provision of this Paragraph 26 is found unenforceable, the other parts of it shall continue to apply.
- 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.
- 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.
- 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.