TERMS OF SALE
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By scheduling an appointment through our website, you acknowledge that you agree to these terms in their entirety (the “Agreement”).
BACKGROUND ON OUR SERVICES: Testing Solutions, LLC is pleased to facilitate COVID-19 testing. Our administrative & booking fee services includes: payment processing, scheduling your appointment with our approved laboratory licensed to perform COVID-19 testing and CLIA certified; aid in the covid test result turnaround time and processing directly with the laboratory on your behalf, answering any related questions you may have via phone and/or email; and completing entire scheduling process for you. In some cases, we collect testing fees directly through our website, which we pass along to our approved laboratory. In such cases, you will not be charged any additional fees when you arrive at the testing location.
CONSENT TO COVID-19 TESTING: You hereby acknowledge that you are voluntarily undergoing COVID-19 testing and agree to comply with the laboratory-provided instructions. You understand that your cooperation with healthcare professionals and personnel is necessary for collecting an appropriate specimen safely and effectively, and you agree to follow all directions that the laboratory provides you with respect to your COVID-19 test.
RISK OF INACCURACY: As with any medical test, there is a risk that your COVID-19 test will result in a false positive or false negative result. Moreover, a positive or negative test result does not mean you will not experience any additional possible adverse health conditions or outcomes.
RISK OF DELAY: The COVID-19 testing will be performed or observed by a lab staff member, who employ reasonable efforts to ensure that your test results will be available within the stated result turnaround times provided by the laboratory and displayed on the website and your confirmation email at the time of purchase. However, because the timing of your test results may be affected by factors outside our control, we cannot make any guarantee with respect to the turnaround time of your test results. Delays may arise for a variety of reasons including, but not limited to, administrative errors, inconclusive results, typographical errors, email deliverability, scheduling errors (example: allowing an appointment to be scheduled on a weekend or holiday in which the lab is closed), and so forth. By scheduling an appointment through our website, you acknowledge and agree that Testing Solutions, LLC will not be liable to you for any damages arising from any delay of your test and/or test results. (A detailed description of our limitation of liability is below.)
RISK OF DISCLOSURE: The U.S. Centers for Disease Control and Prevention and local health authorities require our approved laboratory to report test results, whether positive or negative, to local public health authorities. In addition to the test results, our approved laboratory may report certain personal information, not limited to, your age, sex, ethnicity, and zip code. You acknowledge and agree that any disclosure made by our approved laboratory is not a disclosure made by Testing Solutions, LLC, and that you will hold harmless Testing Solutions, LLC from any liability arising from such a disclosure. The handling and privacy of the information you provide to our approved laboratory is strictly governed by any agreement you separately enter into with the laboratory.
NON-EMERGENCY, COVID-19 TESTING ONLY: Please note that neither Testing Solutions, LLC nor our approved laboratory takes any responsibility for your health or care. Our services and those of our approved laboratory (to the extent they relate to these Terms Of Sale) are limited to non-emergency, COVID-19 testing. Although a physician is necessary for us to order your test, the physician who orders your test is not your physician for any other purpose. Should your healthcare needs extend beyond COVID-19 testing, you need to seek and consult other sources of care. This includes any health issues you may experience before, during, or as a result of COVID-19 testing. Should you encounter any health emergency, whether related to COVID-19 testing or otherwise, we recommend you dial 911 or go to a hospital emergency department.
RIGHT TO DECLINE SERVICE: You acknowledge and agree that our approved laboratory reserves the right to not provide services if, in their judgment, you are not a good candidate for COVID-19 testing. Should you be denied service by our approved laboratory at no fault of your own, you will be entitled to a full refund from Testing Solutions, LLC.
LIMITATION OF LIABILITY: In no event will Testing Solutions, LLC be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Testing Solutions, LLC has been advised of the possibility of such damages. YOU AGREE THAT TESTING SOLUTIONS, LLC’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID TO TESTING SOLUTIONS, LLC FOR THE SERVICES TESTING SOLUTIONS, LLC PROVIDED THROUGH THIS WEBSITE. If you live in a state that does not allow the limitation of certain damages covered under this Paragraph, this provision shall apply to the fullest extent permitted by law, it being the intent and agreement of the parties to limit the liability of Testing Solutions, LLC as much as possible.
INDEMNIFICATION: You agree to indemnify, defend, and hold Testing Solutions, LLC and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your COVID-19 testing, your use of our website, or your violation of these Terms Of Sale.
GOVERNING LAW: These terms and any dispute involving Testing Solutions, LLC, our approved laboratory, and you will be governed by the laws of the state of California, without regard to conflicts of law.
DISPUTE RESOLUTION & BINDING ARBITRATION: YOU AND TESTING SOLUTIONS, LLC AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND TESTING SOLUTIONS, LLC WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PURSUING ARBITRATION, SO LONG AS THE DISPUTE FALLS WITHIN THE JURISDICTIONAL REQUIREMENTS OF SMALL CLAIMS COURT AND REMAINS IN THAT COURT.
This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Testing Solutions, LLC, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party (including, but not limited to, our approved laboratory) providing services to you in connection with your COVID-19 test that relates in any way to your purchase of services through our website, these Terms Of Sale, or our marketing or advertising (“Claims”).
Arbitration shall be administered by The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org. The place of arbitration shall occur in the city or county of the COVID-19 testing location for which you sign up. You and Testing Solutions, LLC agree to each pay our respective share of arbitration fees pursuant to the AAA’s Consumer Arbitration Rules.
The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and Testing Solutions, LLC agree to arbitration only on an individual basis. Neither you nor Testing Solutions, LLC may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This Paragraph controls over any inconsistent term in any other agreement.
This transaction shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.