Evexia Diagnostics COVID-19 Testing and

evexia mobile phlebotomy service (EMPS)

ACKNOWLEDGMENT TERMS AND CONDITIONS

 

Evexia Diagnostics COVID-19 Testing is a service provided by Evexia Diagnostics, Inc., a wholly owned subsidiary of Evexia Holdings, Inc., (“Evexia”).Evexia Mobile Phlebotomy Service (“EMPS”) is a service operated by Evexia to facilitate said testing.  Evexia provides COVID-19 Testing services and, through EMPS, mobile blood drawing and specimen collection services for Evexia clients (the “Services”).The following terms and conditions (the “Terms and Conditions”) form a binding agreement (the “Agreement”) between a user of Evexia Diagnostics COVID-19 Testing and/or EMPS and/or its services (“Client”), and Evexia.  Throughout this Agreement, the relevant counterparty client will also be referred to as “You” or “Client” or “Your” in the possessive.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THE SITE (DEFINED BELOW) OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES. NOTWITHSTANDING THE FOREGOING, IF YOU USE THIS SITE OR SERVICES, YOU SHALL BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT.

RECITALS

1.      Client may Qualify for a Free COVID-19 Test

As a result of recent legislation, You understand that individuals who qualify for a COVID-19 test according to the CDC testing protocols (which take into account symptoms, age, and occupation) and who have private health insurance or government health insurance (Medicare, Medicaid, Tricare, etc.) may be able to obtain a free COVID-19 test by contacting a personal or local physician and traveling to a hospital or other testing location to give a sample for testing. 

In addition, You understand that as a result of recent legislation, individuals who are uninsured (do not have private or government insurance) and who qualify for COVID-19 testing under the CDC testing protocols may be eligible to enroll in Medicaid and obtain a free test. 

 

2.      cOLLECTION OPTIONS

Despite the possible availability of a free test, You are choosing to participate in Evexia Diagnostics COVID-19 Testing. Under the Evexia Diagnostics COVID-19 Testing program, You have the option of utilizing the following collection methods depending on the test ordered:

  • Evexia Mobile Phlebotomy Services (EMPS)—To use EMPS, You will schedule a date and time for collection (see Paragraph below), at which time a mobile phlebotomy unit will come to Your home or place of business to take a sample. This option provides You with the following advantages: 1) having the convenience of having a collection done in the comfort of Your home or office without the need of having to go to a hospital or personal physician 2) limiting Your risk of becoming infected with COVID-19 by being able to stay in Your home or office while having the collection done 3) test results are typically available within 1-2 business days.

 

  • LabCorp Patient Service Center (PSC) —If You order the LabCorp COVID-19 antibody test, You have the option of electing to have your blood drawn at a LabCorp Patient Service Center (PSC). The cost of this test includes collection at a LabCorp PSC.LabCorp has implemented by appointment only testing at its PSC’s, along with dedicated hours for senior customers and the option to wait in Your vehicle until you receive a text when the LabCorp technician is ready for You. If you elect to use EMPS for collection at Your home or place of business, additional charges will apply.

 

  • Home Collection (stool sample)-- All stool specimens must be collected by the individual Employee. Employees collecting the stool specimen for the SARS-CoV-2 PCR Stool Test will be given the proper collection kit and supplies along with an overnight shipping label to ship the specimen directly to the lab once that specimen has been collected.

 

 

The fees charged by Evexia for the COVID-19 testing reflect Evexia Diagnostics’ cost related to the COVID-19 test, specimen collection, supplies and expedited shipping. Evexia Diagnostics does not accept any form of insurance nor do we have the ability to seek third-party reimbursement.

 

3.      Registering, Scheduling, Sample Collection, and Results

As a participant, You will be required to register in order to purchase the COVID-19 testing through https://shop.evexiadiagnostics.com (this webpage and associated Evexia and EMPS pages hereinafter referred to as the “Site”). Upon registration, You will receive credentials for a secure, private web portal, which will allow You to purchase the appropriate COVID-19 test and to retrieve Your test results. If You choose the EMPS option to have Your blood drawn at home or at work, You will be directed to purchase the appropriate mobile phlebotomy service and then contacted by telephone to schedule the appointment. You will also have the ability to schedule multiple blood draws during the same appointment for other household members who have purchased the COVID-19 Antibody Test.

 

If You have chosen to use EMPS a qualified phlebotomist will arrive at Your home or office to take a blood specimen. Again, You will have the option to schedule multiple blood draws during the same appointment for other household members who have purchased the COVID-19 Antibody Test.

 

After the specimen is collected, it will be sent to an independent, licensed CLIA High-Complexity laboratory for processing and testing.  Within 1-2 business days, Evexia will post Your test results to Your private web portal for retrieval. The performing laboratory will immediately report any positive test results to the CDC as well as the appropriate state health authorities.

 

 

 

4.      The Testing Provided by Evexia Diagnostics COVID-19 Testing

There are currently No “FDA-Approved” COVID-19 Tests of any kind available at this time . All FDA-authorized COVID-19 testing that is available, including testing offered by Evexia as well as major hospitals and labs, is authorized by the FDA under emergency guidance issued by the FDA.

All testing for Evexia Diagnostics COVID-19 Testing is performed by independent, licensed CLIA High-Complexity laboratories.  You will have access to the following two FDA-authorized tests based on availability and applicability:

 

 

·          COVID-19 PCR TEST

o    Detects viral RNA using nasopharyngeal specimens. This test should be reserved for those individuals who have symptoms that include fever, cough and/or difficulty breathing.

o    Only determines active SARS-CoV-2 viral infection and does NOT determine prior infection or immunity status.

o     “Next generation” PCR test that uses up to 4 targets, lowering the incidence of indeterminate results.

o    Results within 1-2 business days .

 

·          SARS-CoV-2 PCR TEST (Stool)

o    Detects viral RNA using a stool specimen. This test should be reserved for those individuals who have symptoms that include fever, cough and/or difficulty breathing.

o    Only determines active SARS-CoV-2 viral infection and does NOT determine prior infection or immunity status.

o    “Next generation” PCR test that uses up to 4 targets, lowering the incidence of indeterminate results.

o    Results within 1-2 business days.

 

·          COVID-19 IgG/IgM ANTIBODY TEST

o    Detects specific IgM and IgG antibodies associated with COVID-19 (SARS-CoV-2) in blood.

o    Expanded ability to determine current infection (IgM) as well as past infection and possible concomitant immunity (IgG).

o    Any positive results should be confirmed by the COVID-19 PCR Test.

o    Follow-up testing with the COVID-19 PCR Test should also be considered to rule out infection in individuals with a negative COVID-19 Antibody Test who exhibit symptoms of COVID-19.

o    Results within 1-2 business days.

 

·          LabCorp COVID-19 IgG ANTIBODY TEST

o    Detects specific IgG antibodies associated with COVID-19 (SARS-CoV-2) in blood.

o    This test is designed to detect past infection and possible concomitant immunity (IgG), but does not determine current infection (IgM).

o    Any positive results should be confirmed by the COVID-19 PCR Test.

o    Follow-up testing with the COVID-19 PCR Test should also be considered to rule out infection in individuals with a negative COVID-19 Antibody Test who exhibit symptoms of COVID-19.

o    Results within 3 business days.

 

5.      Requirement of Responsibility to Consult with a Medical Doctor

You agree that if You choose to participate in the Evexia Diagnostics COVID-19 Testing, and if You receive a communication or notification that You tested positive for COVID-19, You will immediately seek the care of a licensed physician.

 

6.      No Medical Advice

You understand that the COVID-19 testing provided under the Evexia Diagnostics COVID-19 Testing will be ordered by a licensed physician contracted by Evexia Diagnostics.  In ordering these tests, neither Evexia nor its employees or contractors are providing medical advice, and nothing contained in the Acknowledgment and Agreement is intended to be medical advice, nor is it intended to be a substitute for medical advice, diagnosis or treatment provided by a doctor or other qualified healthcare professional (a "Healthcare Professional"). You understand that You should consult with Your Healthcare Professional regarding any information found in this Acknowledgment and Agreement. You understand that You should consult with Your Health Care Professional regarding the results of any testing provided under Evexia Diagnostics COVID-19 Testing.

You understand and agree that Evexia Diagnostics does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession.  You understand that if You have a medical emergency, You should call 911 or Your doctor immediately.

 

7.      Cancellation and Refund Policy

Once testing through Evexia Diagnostics COVID-19 has been ordered, a refund can only be issued if Evexia is unable to schedule an EMPS specimen draw within 10 days of the purchase of testing.  Requests for refunds for reasons other than delays in EMPS specimen draw will be denied.

 

8.       Disclaimers

Evexia, through EMPS, provides mobile phlebotomy, or blood drawing and specimen collection services for Evexia Clients.The blood samples drawn by EMPS are used in various tests as ordered by the Client (“Tests”).Evexia and the Services are not, and are not intended to, constitute the provision or practice of Medicine, Nursing, or Professional Health Care Advice or Services in any Jurisdiction.

Evexia is not responsible for the performance or undertaking of any Test, nor does it have control over the quality, timing, failure to perform, legality, or any other aspect whatsoever of anyone or any entity performing a Test. Evexia makes no representations about the reliability, timeliness, or accuracy of any Test provided by any third party performing laboratory or affiliate, whether in public, private, or offline interactions.

Evexia is not responsible for the medical care provided to any Client. It is the responsibility of the Client to obtain medical advice or care from his or her own personal physician.

Evexia does not provide any diagnosis or treatment, and it is the Client’s responsibility to attend to any Test results.

Evexia reserves the right to change the pricing and/or availability of any product or service identified on the Site.

Evexia may at its sole discretion change, add, or delete portions of this Agreement at any time on a going-forward basis. It is the Client’s responsibility to check this Agreement for changes prior to use of the Services, and in any event Your continued use of Evexia and its Services following the posting of changes to this Agreement constitutes Your acceptance of any changes. Evexia will notify you of any such material changes by posting notice of the changes on the Site and/or, in its sole discretion, by email. Certain services available throughEvexia may have their own terms and conditions that apply to Your use of those services. This Agreement does not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements you may have or will have with any subsidiary of Evexia Holdings, Inc. To the extent that there is any conflict between this Agreement and any other agreement pertaining to specific services or products provided by Evexia Holdings, Inc. or its subsidiaries (a “Separate Agreement”), the terms of the Separate Agreement will govern.

 

9.       Children and Minors

Children and Minors are not eligible to utilize EMPS Services.  If Evexia later obtains actual knowledge that a Client or user of EMPS Services is under 18 years old, Evexia will take steps to remove that user's personal information from its databases and contact the responsible Client. Possible disciplinary action may include the termination of the Client account(s). By using the Services, you represent that you are at least 18 years old.

 

10.  Representation of the Absence of the Symptoms of the Coronavirus/Covid-19

Client represents that at the time he/she registers for Services, he/she has not been diagnosed with COVID-19 and/or the “Coronavirus” nor does he/she exhibit any of the symptoms of the Coronavirus/COVID-19 as set forth by the Centers for Disease Control (“CDC”) including but not limited to:

 

·          Fever

·          Cough

·          Shortness of Breath

 

If the Client experiences any of these symptoms between the time he/she registers for any Services and the time any Services are performed, Client must immediately inform Evexia.  To the extent that Evexia suspects a Client of being infected with Coronavirus/COVID-19 or determines that a Client is exhibiting symptoms of the Coronavirus/COVID-19, Evexia may refuse to perform Services.

 

11.  RESPONSIBILITIES OF CLIENTS .

You promise that all information you provide to Evexia is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. If Evexia has reasonable grounds to suspect that such information is not true, accurate, current or complete, Evexia may deny or terminate Your access to its Services, including EMPS (or any portion thereof).

 

 

12.  CLIENT RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICE .

You agree not to use Evexia or its Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services.

 

13.  PRIVACY .

As part of the login and registration process for Evexia Covid-19 Testing, You will be asked to provide certain personal information to Evexia. All uses of Your personal information will be treated in accordance with Evexia Diagnostic’s Privacy Policy which is incorporated by this reference into this Agreement. If You use the Site and/or Services, You are accepting the terms and conditions of our Privacy Policy[post URL]. If You do not agree to have Your information used in any of the ways described in the Privacy Policy, You must discontinue use of the Site and/or the Services. The security of Your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, Evexia will take reasonable steps to help ensure the safety of Your personally identifying information. However, You understand and agree that such steps do not guarantee that the Site is invulnerable to all security breaches, and that Evexia makes no warranty, guarantee, or representation that use of the Site is protected from viruses, security threats or other vulnerabilities.

 

14. ACCURACY OF INFORMATION .

Evexia does not warrant that any information, pictures or graphic depictions, descriptions or other content of the Site are accurate, complete, reliable, updated, current, or error-free. You agree to notify Evexia immediately if you become aware of any errors or inconsistencies in the information or content provided through the Site.

 

 

15. THIRD PARTY CONTENT, PRODUCTS AND SERVICES .

Parties other than Evexia may offer and provide products and services on or through the Site. With the exception of Evexia-branded content, products and services, Evexia does not warrant the offerings of any of these businesses or individuals or the content of their websites. Evexia does not assume any responsibility or liability for the actions, product(s), and content of these and any other third parties. You should carefully review the privacy statements and other conditions of use of these third-parties.

 

16. LINKS .

Evexia’s provision of a link to any other website or location is for Your convenience and does not represent an endorsement of such other site or location or its contents. Evexia has no control over, does not review, and cannot be responsible for, these outside websites or their content. Access any non-Evexia owned websites linked to the Site at Your own risk. When leaving the Site, You should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. EVEXIA WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY WEBSITE NOT OWNED AND OPERATED BY EVEXIA, NOR WILL EVEXIA BE LIABLE FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

 

17. DISCLAIMER OF WARRANTIES .

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVEXIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. EVEXIA MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EVEXIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVEXIA OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

18.  LIMITATION OF LIABILITY .

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EVEXIA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF EVEXIA TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Evexia may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Evexia’s liability will be the minimum permitted under such applicable law.

 

19.  INDEMNIFICATION .

You agree to indemnify, defend and hold harmless Evexia, its parents, subsidiaries, affiliates, licensors, co-branders, suppliers and, and the officers, directors, employees, consultants, and agents of each, and other Clients, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through the Site or Services, (2) Your use of the Site or Services, (3) Your violation of any provisions of this Agreement, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.

 

20.  TRADEMARKS .

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, tradenames, service marks or logos ("Marks") of Evexia, EMPS, or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

 

21.  GEOGRAPHICAL RESTRICTIONS .

Evexia makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States. Clients access the Site and the Services on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Evexia provide services and operate websites which may be linked to the Site and which are governed by their own terms of use and not this Agreement and may be subject to laws of other local or international jurisdictions.

 

22.  APPLLICABLE LAW AND MANDATORY FORUM SELECTION CLAUSE .

Except for any Separate Agreements between you and Evexia, this Agreement constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof and governs Your access to the Site and Your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of Connecticut, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Use of Service shall be resolved exclusively by the Danbury Connecticut Superior Court located in Danbury Connecticut or the United States District Court, District of Connecticut. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You and Evexia are acting as independent contractors, and nothing in this Agreement creates an agency or partnership. You may not assign Your rights under this Agreement without Evexia’s prior written consent, and any attempted assignment will be null and void.

 

23.  CLASS ACTION WAIVER .

You and Evexia agree that each may bring claims against the other only in Your or its individual capacity and not as a Plaintiff or Class Member in any purported class or representative action. Unless both You and Evexia agree no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

24.  VOID WHERE PROHIBITED .

Although the Site may be accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations and states within the United States, or appropriate or available for use outside the United States. Evexia reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. Clients access the Site and utilize the Services on their own initiative and are responsible for compliance with any local, state, federal, and international laws, as applicable.

 

25.  SURVIVAL .

The terms of Sections 6 through 17, and any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of the Agreement pursuant to this Agreement for any reason. Evexia’s (and its licensors') proprietary rights (including any and all intellectual property rights) in and to its Content, its Technology and the Site or Services will survive the expiration or earlier termination of the Agreement pursuant to this Agreement for any reason.

 

26.  VIOLATIONS .

Please report any violations of these Terms of Service to:

Evexia Diagnostics
PO BOX 1272
Washington, CT 06793