Terms and Conditions

Last updated: April, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://microgendx.com website (the "Service") operated by Southwest Regional PCR, dba MicroGenDX ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

ONLINE STORE TERMS/REFUND POLICY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature to the site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We DO NOT offer refunds on shipping fees or lab services.

SAMPLES THAT HAVE NOT BEEN SUBMITTED, CANNOT BE REFUNDED AFTER 90 DAYS

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@microgendx.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at info@microgendx.com

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Southwest Regional PCR, dba MicroGenDX and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Southwest Regional PCR, dba MicroGenDX.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Southwest Regional PCR, dba MicroGenDX

Southwest Regional PCR, dba MicroGenDX has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Southwest Regional PCR, dba MicroGenDX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Southwest Regional PCR, dba MicroGenDX and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Southwest Regional PCR, dba MicroGenDX, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Southwest Regional PCR, dba MicroGenDX its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Google

We, like many websites, employ a variety of google tools to measure and evaluate our website. We are obligated to inform you that we use Google tools and services like Google Analytics, the Google Places API, and may use other google offerings. These tools and integrations work to improve your experience on our website and may allow us to gather some information on our visitors to improve our site, it's product offerings, and spread awareness of NGS technology so that more people can benefit from it. By using our website you are also agreeing to the google terms of service outlined here and their privacy policies, available here.

Payment Partners

MicroGenDX partners with companies like Affirm and Klarna to provide our customers with more payment options. Pay-over-time service providers have their own Data and Privacy Policies, Terms and Conditions, and more which we want you to be aware of and will include below.

KLARNA - Privacy Policy, Terms for Shopping Service, Pay Later Terms, Pay in 4 Agreement

AFFIRM - Privacy Policy

Telemedicine-KHSS

By agreeing to the terms of service, you understand and acknowledge that you have requested testing for yourself offered by MicroGenDX, and when appropriate, ordered by your physician from KHSS to enable the testing process.

As part of the testing process, KHSS will ensure all appropriate test requests are submitted to MicroGenDX for testing, receive and review test results, and ensure notification of positive and/or indeterminate/invalid test results.

I understand and acknowledge that by agreeing to utilize these testing services, by referral to a qualified physician, that understanding and acceptance of these terms of services and informed consent are required. You agree and acknowledge the following:

I understand that I will be asked by KHSS, for my demographic information and the nature of my requests for testing services. I will be truthful in my responses, and aliases are not accepted.
I understand that KHSS serves as a resource for patients desiring certain medical screening and/or testing for certain diseases by referral to a qualified physician.
I understand that KHSS does not participate in the practice of medicine and does not provide any diagnosis and/or treatment.
I understand that KHSS has made arrangements for my referral to a qualified physician who is licensed and has prescriptive authority in the state in which I will be tested, in accordance with all appropriate State laws and regulations.
I am 18 years of age or older and I am the one to be tested.
I understand that the physician to whom I am referred, may, in his/her judgment, refuse to accept my referral.
I understand that certain signs and symptoms that I might have such as, temperature over 100.4 degrees (F), abdominal pains, nausea and/or vomiting, will require a visit to my private physician, urgent care, or to an emergency room for proper evaluation and my referral may be refused.
I understand that any and all of my personal medical history and personal data, including testing information and results, collected will be treated confidentially as required by HIPAA. I understand that KHSS and the physician will protect my privacy and security of all of my personal health information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the American Recovery and Reinvestment Act of 2009.
I understand that my relationship that I have with the physician whom I am referred will only be related to the screening test or testing for the condition of which I am concerned, but in no way, either written or implied, now or in the future will extend beyond the scope of the testing in consideration. No expectations have been made and I have no expectations of my own for receiving any medical care or continued follow up from this physician other than as related to this testing.
I understand that every effort will be made to have my testing results returned to me within 2 to 3 business days after specimen is received by MicroGenDX. I understand that, at times, the results might be delayed beyond this time frame and the lab may require a repeat sample.
I understand that it is rare, but with all lab testing there are times that there are false positive tests and false negative tests. This means that there are times that a person could have the condition and the test be negative (false negative) or the person could be free of the condition and the test is positive (false positive). In certain instances, an inconclusive test results are possible as well, and a new sample may need to be provided. MicroGenDX has protocols and procedures in place to mitigate and prevent these situations to the best of their ability during the testing process. Following the sampling instructions provided by MicroGenDX will minimize the risk of contamination (false positive) or an inconclusive (false negative). I also understand that a true negative is possible and may be an indication of a lack of infection. I also understand that the MicroGenDX test is only one part of diagnosing an infection and that other factors (such as symptoms, biomarker testing, etc.) may need to be evaluated by a healthcare provider before the presence or absence of a condition or infection can be determined, and that MicroGenDX and KHSS is not responsible for making this conclusion.
I further understand that by accepting referral to my assigned physician and having the recommended testing, I voluntarily assume any risks associated with the screening process itself. In addition, I hereby release and hold harmless, KHSS, MicroGenDX, my assigned physician, the laboratory performing the testing, and any other persons or entities associated in any way with this screening process from any and all claims, rights and causes of action arising from any injury or other damages or the consequences thereof, resulting from or in any way connected with the screening or otherwise directly or indirectly arising from the transaction conducted through the services provided and/or though the relationship with my assigned physician.
I understand that the physician to whom which I am referred or their designate, will provide to me as much information and counseling, to the best of their ability, about any findings on my testing, and that it may be necessary for me to seek additional care from my private physician or to seek further psychological counseling if needed.
I understand that results of this testing and all informational material should be for informational purposes and not a substitute for my usual medical care. I understand the importance of sharing all laboratory testing results with my primary care physician, or my physician of record. I understand that should the results have any abnormal values it will be important to follow up with my primary care physician or physician of record to review and evaluate these results in the context of a full and complete evaluation. If you do not have a personal physician, or physician of record, you can utilize resources such as the internet, your local hospital system, or minor emergency center as resources to locate one.
I am choosing to participate in this testing process voluntarily and understand that a visit to my personal physician to discuss findings and/or treatment is advised.
I understand I am responsible for checking my email for results notifications, as well as logging into the MicroGenDX patient portal to view test results when available. If MicroGenDX patient portal access has not been registered, I understand that I must register for free access to the patient portal and agree to any MicroGenDX terms of services and complete identify verification.

Informed Consent

I understand that the services provided by KHSS and KHSS Physicians are delivered in a remote fashion that may involve health care providers not in the same physical location that I am, that utilize electronic means of communication and transmissions related to my personal health. I acknowledge and understand the following:

KHSS Physician will determine if testing services are appropriate for me.
I understand and authorize both MicroGenDX and KHSS to utilize all contact information provided by me at the time of the test request, including phone, email and physical addresses, to contact me regarding testing or any services provided. It is my responsibility to notify all parties of any changes to my phone number, email or physical address, as well as any other pertinent information.
I have the right to withdraw my consent at any time during the course of my testing process by emailing:
physconsult@kulbershhealthscreeningservices.com
I understand in certain situations an in-office visit with a healthcare provider may be
required for diagnosis, treatment and follow up care.
I understand there are other options for testing including, minor emergency room, urgent care, primary care physician, however it is my personal choice to obtain testing utilizing KHSS services.
I understand that should I have any questions before, during or after the testing process I can
email physconsult@kulbershhealthscreeningservices.com to be connected with the appropriate person on my care team.

I agree that these Terms of Services are construed under the laws of the State in which I reside, and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect.

By accepting these “terms of Service” and “informed consent” for referral, screening/testing services, and or requests and consultations, I hereby certify that I have carefully read this entire document that I understand and agree to all of the terms and conditions. I knowingly and voluntarily use this acceptance as my consent for initiating a limited patient/physician relationship, KHSS services, and for appropriate laboratory screening.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us .