COVID-19 RT-PCR (SARS-CoV-2) Terms and Conditions
Section 1: Applicability.
These terms and conditions (“Terms”) for the providing of novel coronavirus a/k/a COVID-19 (SARS-CoV-2 RT-PCR Test) (“COVID-19”) testing services govern the provision of such services by Endeavor DNA Laboratories, and its affiliates, partners, members, employees, and contractors (collectively “Endeavor DNA Laboratories”) to the individual being tested (“Participant”). These Terms, along with the specific acknowledgments made by Participant as part of the registration process for COVID-19 testing (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, representations and warranties, and communications, both written and oral.
Section 2: Services.
Endeavor DNA Laboratories shall provide COVID-19 testing services (“Testing Services”) to Participant in accordance with these Terms. These Testing Services are to determine whether the Participant tests positive (detected) or negative (not detected) or inconclusive (additional testing recommended) for the presence of the COVID-19 novel coronavirus as of the time of testing. Due to the nature of the test, each sample collection kit is personalized for each scheduled appointment and refunds are not possible. No other test results or information are expected to be determined or provided.
Section 3: Performance Dates.
Participant acknowledges that there is presently high demand for COVID-19 novel coronavirus testing. The time between when a Participant is tested and when the Participant’s results become available may be unpredictable. Endeavor DNA Laboratories will make every reasonable attempt to provide results in 24-48 hours, but makes no representations as to a specific time when results may become available. Additional testing may be required depending on the results of the test, including if a result is inconclusive.
Section 4: Participant’s Obligations.
Participant shall promptly and completely:
• show up on-time for your scheduled appointment.
• cooperate with Endeavor DNA Laboratories in all matters relating to the Testing Services and provide such access to Participant’s physical health, records, and such medical information as may reasonably be requested or required by Endeavor DNA Laboratories for the purposes of performing the Testing Services.
• create and accurately complete all necessary portions of Participant’s online profile, including provide answers to health questions, medical information, and exposure history.
• respond promptly to any Endeavor DNA Laboratories request to provide information, approvals, authorizations, or decisions that are reasonably necessary for Endeavor DNA Laboratories to perform Testing Services in accordance with the requirements of this Agreement.
• provide such Participant materials or information as Endeavor DNA Laboratories may reasonably request to carry out the Testing Services in a timely manner. Participant shall ensure that such Participant materials or information are complete and accurate in all material respects.
• PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT ACCURATE PROCESSING OF PARTICIPANT COVID-19 TESTING IS CONTINGENT ON SHOWING UP ON-TIME FOR YOUR APPOINTMENT, PROVIDING FULL, COMPLETE, AND ACCURATE MEDICAL INFORMATION TO ENDEAVOR DNA LABORATORIES.
Section 5: Participant Privacy.
All of Participant’s personal and medical information shall be kept private and secure, using standard industry practices, and in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), except for the potential required disclosures to Participant’s employer (pursuant to Section 6) or Federal, State, or Local governments (pursuant to Section 7).
Endeavor DNA Laboratories represents and warrants that with respect to all protected health information (as that term is defined in the HIPAA Regulations), it is a Covered Entity under the Privacy Regulations and that it shall protect the privacy, integrity, security, confidentiality and availability of the protected health information disclosed to, used by, or exchanged by the parties. Participant agrees to the use of their specimen for research or further testing in the fight against the COVID-19 global pandemic.
ENDEAVOR DNA LABORATORIES MAY PROVIDE YOUR TEST RESULTS OVER EMAIL, VOICEMAIL, OR TEXT MESSAGE (“RESULT MESSAGES”) TO THE ADDRESSES AND/OR DEVICE NUMBERS YOU PROVIDE. Endeavor DNA Laboratories’ result messages are not encrypted, which means a third party could access the information. Additionally, if someone obtains access to your devices, then they could retrieve the result message. Endeavor DNA Laboratories will use reasonable means to protect the privacy of your protected health information, including test results, but YOU ACKNOWLEDGE THE INHERENT RISK OF POTENTIAL DISCLOSURE OF YOUR RESULT MESSAGE. UNDERSTANDING THIS RISK, BY PROVIDING YOUR EMAIL OR TELEPHONE NUMBER, YOU CONSENT TO PROVIDING YOUR RESULT MESSAGE THROUGH EMAIL, VOICEMAIL, OR TEXT MESSAGE AND RELEASE ENDEAVOR DNA LABORATORIES AND ITS AGENTS OF ANY LIABILITY RELATING TO YOUR RESULT MESSAGE.
Section 6: Potential Disclosure to Participant’s Employer.
Some Participants will be receiving the Testing Services provided under this Agreement as required and paid for by Participant’s employer. If Testing Services are paid for and provided through Participant’s employer, Participant understands and acknowledges that Participant’s employer shall receive the results of Participant’s COVID-19 test, regardless of whether Participant tests positive, negative, or inconclusive. Participant understands, acknowledges, and agrees to the providing of the necessary personal and medical information to Participant’s employer if necessary, under this Section, as well his/her employer’s use of that information within applicable privacy laws. Endeavor DNA Laboratories shall not be liable for the employer’s use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Participant expressly agrees to waive any applicable HIPAA protections relating to the results of the Testing Services to the extent necessary to fulfill this section.
Section 7: Disclosure to Federal, State, or Local Governments.
Federal, State, and Local governments are requiring, by way of mandate, the disclosure of all test results (whether positive, negative, or inconclusive) from COVID-19 testing. Participant understands, acknowledges, and agrees that the results of Participant’s COVID19 test administered under this Agreement shall be permitted to be disclosed to the applicable Federal, State, and/or Local governments as required by mandate and/or law. Endeavor DNA Laboratories shall not be liable for the applicable Federal, State, or Local governments’ use or misuse of any data, testing results, personal or medical information, or any other information provided as a result of the Testing Services. Participant expressly agrees to waive any applicable HIPAA protections only to the extent necessary to fulfill this section.
Section 8: Assumption of Risk and Acknowledgement of Testing Procedure Discomfort.
The COVID-19 testing procedure is a medical procedure, and therefore may involve some degree of discomfort, invasiveness, distress, dissatisfaction, and/or other negative reaction. Participant expressly understands, acknowledges, and accepts that he/she may experience discomfort, invasiveness, distress, and/or other negative reaction as a result of receiving Testing Services under this Agreement. Participant further expressly understands, acknowledges, and accepts that this discomfort, invasiveness, distress, and/or other negative reaction is inherent to the testing process and not a result of any misuse of the testing materials by Endeavor DNA Laboratories. Participant agrees that Endeavor DNA Laboratories cannot be held liable for any discomfort, invasiveness, distress, and/or other negative reaction experienced by Participant as a part of or result of the Testing Services. Nothing in this Agreement shall serve to except Endeavor DNA Laboratories and its partners, affiliates, assigns, employees, contractors, and other related parties from liability for gross negligence, intentional torts, or other liability un-waivable by law.
Section 9: Ownership of Intellectual Property, Confidential Information, and Data.
Participant acknowledges and agrees that Endeavor DNA Laboratories shall hold right and title to any intellectual property rights in and to the results of the Testing Services, in a de-identified form, including any derivative works or information created from or with the results of the Testing Services.
Section 10: Disclaimer of Warranties.
EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, ENDEAVOR DNA LABORATORIES MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE TESTING SERVICES, INCLUDING (A) REGARDING THE USE OR MISUSE OF PARTICIPANT INFORMATION PROVIDED UNDER SECTION 6 AND SECTION 7, ABOVE; AND (B) ACCURACY OF COVID-19 TESTING RESULTS RESULTING FROM INCOMPLETE OR INACCURATE PARTICIPANT INFORMATION OR PERFORMANCE.
Section 11: Limitation of Liability.
IN NO EVENT SHALL ENDEAVOR DNA LABORATORIES BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, EMPLOYMENT MATTERS, PAIN AND SUFFERING, DISTRESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. Participant acknowledges that, while reasonable precautions are taken by Endeavor DNA Laboratories to avoid any transmission or exposure, there is a possibility of potential exposure during testing, and Participant is knowingly consenting to this test subject to this risk.
Section 12. Contact in Event of Question, Concern, or Follow-Up.
Should Participant have the need to follow up with Endeavor DNA Laboratories for any reason, Participant should call Endeavor DNA Laboratories at 1-800-362-3588 (mail to Endeavor DNA Laboratories, 6955 North Mesa Street, Suite 109, El Paso, TX 79912). I understand, acknowledge, and accept that I may experience discomfort or other negative reaction as a part of or result of the testing procedure. This discomfort or other negative reaction is inherent to the testing process. I understand, acknowledge, and accept that my employer is entitled to receive my test results, whether the result is positive, negative, or inconclusive. I understand, acknowledge, and accept that the testing provided is required to disclose test results to local, state, and/or federal health departments pursuant to applicable laws and regulations. I understand, acknowledge, and accept that once an appointment has been scheduled, there are no refunds. I understand, acknowledge, and accept that Endeavor DNA Laboratories may use email, voicemail, or text message to transmit my test results to me, recognizing someone unintended could access my device(s) or attempt to intercept my results.
Effective Date: November 2, 2020