Terms of Service

Notice: 7Drops’ testing services are presently available to ship to all U.S. States except New York.

Introduction

These Terms of Service (“Terms”) apply to your use of testing kit services available for purchase through www.7drops.com (the “Site”) operated by 7Drops Diagnostics, Inc. (“7Drops,” “we,” “us,” or “our”). Our testing kit services and the Site are collectively referred to as our “Services.” Your use of our Services is subject to these Terms.

OUR SERVICES ENABLE YOUR COORDINATION AND COMMUNICATION WITH HEALTH CARE PROVIDERS. HOWEVER, WE DO NOT PROVIDE MEDICAL ADVICE, THE SERVICES DO NOT PROVIDE A CLINICAL DIAGNOSIS FROM US AND DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. OUR SERVICES MIGHT NOT BE APPROPRIATE FOR EVERYONE AND ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS CAREFULLY; THEY FORM A BINDING AGREEMENT BETWEEN YOU AND US ACCEPTED BY YOU WHEN YOU USE ANY OF OUR SERVICES. OUR SERVICES ARE INTENDED FOR INDIVIDUAL RESIDENTS OF THE UNITED STATES WHO ARE 18 OR OLDER. THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

1. Purpose of Services.

We offer testing kit services for individuals who have established an “Account” through the Site to purchase at-home sample collection laboratory testing kits, provide us with biological samples collected using the kit and receive the results of the laboratory tests performed on such samples. Each user of this testing Service is encouraged to consult with their healthcare provider regarding the results received; we do not provide you with direct access to a physician through the Services, provided that (as required by law) we have partnered with a company that has licensed physicians (“Health Consultants”) to review whether the test you request is appropriate for you as a condition to our having the test performed for you as you requested and to review and interpret the results before they are delivered to you and, as they deem appropriate, to reach out to you to discuss test results and/or treatment options.

Individuals who comply with these Terms may purchase test kits from us on a per kit basis or, as otherwise available through our Site. Your desired test kit will be mailed to you. After registering the test kit you will be asked to complete a questionnaire, which may include medical information, required waivers, consents or authorizations resulting in applicable Health Consultant review and authorization. Failure to provide the required information or to execute the required documents may result in your sample(s) not being tested.

You collect the required biological sample(s) using the kit and using the provided pre-addressed mailer, you send the completed biological sample(s) to a certified lab we designate (“Lab”), which performs the testing. Biological samples shall consist solely of human fluids that are intended to be analyzed for your individual use, and not for any other purpose, including but not limited to research, publications, commercial uses, or any other purpose other than to help inform your health and/or wellness. The Lab sends the results of the tests to the Health Consultant to read and interpret. We then provide the test results to you via your Account and the Health Consultant may also reach out to you to discuss test results and/or treatment options.

Users may not request Services for anyone but themselves or a child for whom they are the parent or legal guardian.

2. No Medical or Health Services.

You acknowledge that 7Drops is not a health advisor, and we do not provide medical, health or other professional advice. You acknowledge that Health Consultants are not employees of 7Drops and are not providing services on behalf of 7Drops, but instead are independent professionals solely responsible for the services each provides to you. The information available on the Site and provided through the Services are not a substitute for professional medical advice. You should always seek the advice of your physician or another licensed health care provider with any questions you may have regarding your health and the test findings you receive from 7Drops.

3. Fees, Payment & Refunds.

The testing services are not payable or reimbursable through a health plan, private insurance, or another payor like Medicare or Medicaid or any other governmental healthcare program. The person purchasing the testing services is the party responsible to pay for the services. Our testing services may not be available in all locations. The cost of testing is available on the Site and in your cart at checkout. Fees will be paid at the time of purchase. We may revise our fees from time to time at our discretion without prior notice. We will refund the applicable fees if, after the applicable review, a Health Consultant does not authorize and order the test(s) you requested. If you decide to cancel your order for a test kit, we will refund the applicable fees as long as the requested test kit has not shipped (typically kits ship within 1-2 business days). If you request cancellation after the order ships, a $25 USD per test kit fee will be subtracted from the refund amount. If you have already received your kit(s) but have not opened it yet, you may request a refund (less the $25 USD per kit fee) for up to 30 days from when you placed your order, after sending it back to the 7Drops Return Department, 555 W. 38th St., Houston, TX 77018. 7Drops will not refund any orders after 30 days from the order date or kits that haven been opened. You may email us at [email protected] for assistance with refunds. If 7Drops determines that you have used the Site or the Services other than permitted under these Terms, we reserve the right to suspend your Account and refuse refund requests. We will collect and remit applicable sales taxes as required by law. Kits are typically delivered within 10 business days after they ship, but we have no control over delays in shipping by our shipping partners. You will receive an email notification when your kits ship. We reserve the right to correct any errors in pricing indicated on the Site.

4. User Accounts.

Creating an Account is required to purchase and use the Services (but not to browse the Site generally). You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your address and email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the Services through your Account; (iv) promptly report to us any unauthorized use of your login information or the Services of which you become aware; and, (v) ensure that you log out from your Account at the end of each session. You are responsible for keeping your Account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information.

5. Access to Services.

Subject to your compliance with these Terms, we grant you a personal, limited, terminable, non-exclusive, non-transferable right to access the Site and use the Services solely for your personal health and wellness.

6. Limits on Access.

As indicated above, our Services are only for individuals 18 or older resident in the United States. You may only submit biological samples to us using a testing kit for yourself, or for your child, solely if you are the child’s parent or legal guardian. Users of the Services are not permitted to: (a)  copy the Services; (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or content available through the Services; (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code underlying the Site or any other part of the Services; (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (e)  remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services; (f)  resell the Services or any testing kits; (g)  misrepresent your identity or submit any false information to us in connection with the Services; (h)  use the Services to harass or advocate for harassment of another person; (i)  violate laws applicable to you or us; (j)  use our test kits to perform research or testing outside of the Services we offer; (k)  collect information of our users; or (l)  introduce any virus, Trojan, malicious code or other harmful element to our Services. Users of the Services do not acquire any ownership interest or intellectual property rights in or to the Services under these Terms, or any other rights thereto other than to use the Services subject to all of these Terms. 7Drops and its licensors and service providers reserve and retain all right, title, and interest in and to the Services, including all intellectual property rights therein.

7. Collection and Use of Your Information.

Personal information submitted to us through the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms, and which may be modified from time to time in our discretion. Your continued use of the Site or the Services after a modification indicates that you accept the updated Privacy Policy.

You understand that we are not a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations implementing that Act (“HIPAA”). You understand that the Health Consultants and Labs are or may be “covered entities” that are subject to the provisions of HIPAA, so your health information provided to us by a Lab or Health Consultant may be subject to or protected by HIPAA. You agree to provide a separate HIPAA Authorization, available during the kit registration process on www.7drops.com, to use our Services. You authorize us to provide this HIPAA Authorization to the Health Consultants and Labs and understand that the Health Consultants and Labs may require you to execute additional documents authorizing their disclosure of your information. You understand that once your information is shared, federal privacy laws may no longer protect it from further disclosure; Health Consultants and others you authorize will have access to your information. We will protect your information and use your information only as provided for in these Terms, our Privacy Policy, and the applicable HIPAA Authorization and Consent for Services you agree to when you purchase a test kit.

8. With respect to any feedback,

questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to 7Drops regarding the Services, whether using the Services, or otherwise, you agree that: you have the right to provide the Feedback to us; 7Drops has no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and 7Drops has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you. Feedback does not include your personal information, use of which is subject to our Privacy Policy.

9. Intellectual Property Rights.

7Drops and its licensors claim all intellectual property rights in or to the Services, including, without limitation, intellectual property and other rights in the Site, including, but not limited to, the software, design, layout, content, links, of the Site, which are owned by 7Drops and our licensors, as applicable. All Site content is protected by copyright and 7Drops claims the copyright in the collective work of the Site. 7Drops and its licensors reserve all rights in and to the services not specifically granted in these Terms. The 7Drops name and logo are trademarks and other elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the content of our Site may be retransmitted without our express written consent.

10. Third Party Materials.

The Site may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

11. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 7DROPS FOR ITSELF AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO 7DROPS SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

7DROPS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY PARTICULAR SMART PHONE OR OTHER DEVICE OR OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. You agree that we assume no responsibility for any content you submit TO US.

12. Limitations of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 7DROPS, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:  (a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR 7DROPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IN NO EVENT IS 7DROPS OR A HEALTH CONSULTANT LIABLE FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES, OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

YOU ALSO HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

13. You agree to indemnify,

defend and hold us and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your use or misuse of the Site; (ii) your breach of these Terms; (iii) any user content or information you submit, post to or transmit through the Site or the Service; or, (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

14. Governing Law; Arbitration of Disputes; Class Action Waiver.

These Terms and all disputes arising out of or relating to these Terms or the purchase, registration, or use of any 7Drops product or Services shall be governed by Texas law regardless of where you access the Site or the Services, and notwithstanding of any conflicts of law principles.

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the purchase, registration, or use of any 7Drops Diagnostics product or Services, we and you (collectively, the “Parties”) shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of thirty (30) days, then all disputes shall be resolved by binding arbitration in Austin, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable in any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The Parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the Parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The Parties agree that the arbitrator shall have sole authority to decide whether claims brought by either party (excluding claims brought under the paragraph immediately below) are subject to this dispute resolution agreement. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by the Federal Arbitration Act, the terms of which sections the Parties agree shall apply. The fees charged by the AAA and arbitrator shall be shared equally by the parties.

 

Notwithstanding the paragraph above, either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance or temporary or preliminary injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a collective or class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Any action, claim or dispute you have against us must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

15. You agree that we may provide you with notices,

including those regarding changes to these Terms, by email to the address you provide at the time of registration or as reflected in your Account on the Site.

16. No Affiliation with 7Drops.

You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of 7Drops, any of our affiliates or service providers.

17. Entire Agreement.

These Terms, including our Privacy Policy, Consent for Services users are required to consent to in order to use testing services, and any HIPAA authorization collected from a user, are incorporated into these Terms and form the complete “agreement” between us and users of our Services. No failure to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and the Consent for Services, the Consent for Services shall govern. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provisions of these Terms will continue in full force and effect. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.

18. Updates.

We may from time-to-time in our sole discretion update or modify these Terms or the Services without prior notice. You agree that all updates or changes will be deemed part of the Services and be subject to all of these Terms. We may amend and update these Terms in the future and any such amendment will be effective upon the earliest of our posting of the updated version on or through the Services, or our providing notice of the update to you otherwise. Your access or use of the Services after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.

19. Suspension.

We may suspend, interrupt, terminate or limit any or all functionalities of the Services without prior notice. An individual user may optionally suspend or cease using the Services in his/her discretion.

20. Electronic Communications.

You hereby agree to the use of electronic communications in order to enter into the agreement formed by accepting these Terms, to create other records and to the electronic delivery of notices between you and us with respect to the Services and these Terms.

21. Contact Information.

Inquiries to 7Drops with respect to these Terms should be directed to [email protected].