Terms and Conditions

Testing Products are Offered Solely for Preliminary Screening Purposes

All testing products offered on LiveWellTesting.com are solely for preliminary screening purposes, and are provided for the purpose of initial screening of health and/or other diagnostics.  Although we stand by our products and strive to offer products with the highest level of reliability, the testing products and services offered by LiveWellTesting.com are not meant to subsitute professional testing. The test kits offered by LiveWellTesting.com are not intended to replace professional health, veterinary or environmental services.

Acceptance of Terms and Conditions

By purchasing or using any products offered on LiveWellTesting.com (the "Website") or by accessing, browsing and using the Website you agree to be subject to the following terms and conditions ("Terms and Conditions") as well as all other applicable laws. We reserve the right to update or modify these Terms & Conditions of use or to update or modify the Website without prior notice.  If you do not agree to these Terms & Conditions, please do not use the Website.

Disclaimer

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED BY LIVEWELLTESTING.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  LIVEWELLTESTING.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Release of Liability

You are accessing, using or browsing the Website at your own risk. LIVEWELLTESTING.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, LIVEWELLTESTING.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither LIVEWELLTESTING.COM AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if LiveWellTesting.com has been advised of the possibility of such damages.

YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY LIVEWELLTESTING.COM WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER'S OPTION, REFUND OF THE PURCHASE PRICE.  SELLER IS NOT TO BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY LIVEWELLTESTING.COM.

Indemnification

I agree that my use of products and services offered by LiveWellTesting.com, including but not limited to the above listed test procedure, are governed by the Terms & Conditions set forth at www.livewelltesting.com (hereinafter Terms & Conditions), and I accept the Terms & Conditions as valid, enforceable and binding upon any and all actions related to arising out of my use of products and/or services provided by LiveWellTesting.com.

I agree to defend, indemnify and hold LiveWellTesting.com harmless from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to use of LiveWellTesting.com, use of LiveWellTesting.com products and services, and/or my breach of any representation, warranty, or other provision of the Terms & Conditions.

Costs and Expenses of any Subsequent Legal Action

In the event you or LiveWellTesting.com institutes any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.

Choice of Law, Forum Selection

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Diego and/or the Southern District of California.

Privacy

Your privacy and the privacy of all registered users of LiveWellTesting.com is important to us.  Accordingly, we have adopted the following privacy policy.  Please review this policy each time you use the site as it is subject to change at any time without notice to you.

  • Type of Information Collected

In connection with your use of the Website, we ask for and may collect a variety of information from and about you in various ways.  For example, when you purchase an item from our site, we may ask for and store your information; including, but not limited to, name, business name, address, email address, billing/shipping/payment information and other identifying data. We also use Google Analytics to collect non-identifying information about visitor behaviour such as the browser version used or the pages visited. Google Analytics collect data about our traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. We will not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any Google advertising product. If you would like to exclude your visits from Google Analytics, you can install this browser extension that will stop certain JavaScript from collecting data.

  • Use of Cookies

The Website makes use of cookies when a visitor's Internet browser is set to accept them.  Cookies are small data files that the Website sends to a user's browser for storage on the user's hard drive.  The Website uses cookies to identify members, track activity at the Website, and better serve our customers' needs and interests.

  • Use of Information

LiveWellTesting.com may use your personal identifying information to identify you as a user of the Website and to assist and speed the completion of online transactions.  We may use your email address to contact you regarding services or products we believe may be of interest to you.  We may associate your personal identifying information with information we collect about your preferences and activities at the Website, such as the particular pages you request and purchases or other transactions you effect through the Website.  We may vary the content you receive in future visits to the Website based on your preferences and activities.

We may combine your personal identifying information, and information about your preferences and activities, with those of all or a particular group of users to prepare collective profiles of our users and their activities.  For example, we may track the number of users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our Website in a particular geographic region.  Such information, and other information we derive from individual users' information, allows us to continue to grow and provide you with quality through more accurate marketing and advertising of our Website.

We may share customer information with third parties to perform services on our behalf.

  • Disclosure of Information

Unless otherwise set forth herein, we will only provide your personal identifying information, and information about your activities and preferences to other companies with your permission.  We may provide other companies with collective profiles of our user groups and their activities and preferences.  Such collective profiles may also be disclosed in describing our Website and services to prospective partners, advertisers, and other third parties, and for other lawful purposes.  We may disclose information to fulfill certain legal and regulatory requirements, or if we believe in good faith, that such disclosure is legally required or necessary to protect others' rights or to prevent harm.

Please note we do have to have a valid phone number so we have a method of contact if there is a problem with your order.

Privacy of "Confidential Testing Information"

LiveWellTesting.com will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter "Confidential Testing Information").  Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.

Except as set forth herein, LiveWellTesting.com will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties.  You may authorize, in writing, the release of your testing results to third parties, and LiveWellTesting.com assumes no liability resulting from such authorized release of information.

In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, LiveWellTesting.com will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by LiveWellTesting.com.  Customer further acknowledges that LiveWellTesting.com may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests.  Customer acknowledges LiveWellTesting.com has no control over the conduct or omissions of such third party laboratories.  LiveWellTesting.com hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information."

Security Policy

We understand your concerns for personal security when placing orders or giving out personal information on the Internet.  That's why providing a secure shopping environment is one of LiveWellTesting.com's highest priorities.  We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our Website to computers running web browsers that support Transport Layer Security ("TLS") protocol.  To use this protection technology, you need to have a SSL-capable browser, such as Chrome v30, FireFox v27, Internet Explorer v11, Opera v17, Safari v5, Microsoft Edge or higher.  These browsers will automatically activate the technology when you log on to our Website.

Any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information.  We encourage you to review these sites' policies before revealing any sensitive or personal information.

Our website is hosted on servers that are PCI DSS 3.0 certified at Level 1 to ensure that the payment data is protected against any unauthorized access. You can read more about PCI compliance, and the requirements for different levels here.

Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet.  We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

Miscellaneous

There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however that recipients of LiveWellTesting.com products or services shall become subject to these Terms and Conditions.

LiveWellTesting.com has the right to merge accounts that use the same company information or close accounts that have been inactive for a period of 60 days.

I understand that all testing products offered by LiveWellTesting.com are offered solely for preliminary screening purposes, and are provided for the purpose of initial screening of substances and/or any other diagnostics. I acknowledge the testing products and services offered by LiveWellTesting.com are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.

I submit this sample willingly and I agree that once the sample has been taken that it becomes the property of the testing laboratory and I will no longer have access to the said sample.

In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.

You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.

 

Additional Terms and Conditions 

1.    Use of the Site.  Confirm BioSciences, Inc. DBA LiveWellTesting.com (“LiveWellTesting.com”,” LiveWellTesting”, “we”, “us”, or “our”) operates the website located at www.livewelltesting.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer diagnostic product, laboratory testing and online telehealth services (the “Services”) and in the process we might enable our Customers (“Customers”, “Clients”, “Members”) to report their health history and engage healthcare professionals (“Treating Providers”) to obtain medical and healthcare services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

LiveWellTesting.com will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter "Confidential Testing Information").  Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.

Except as set forth herein, LiveWellTesting.com will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties.  You may authorize, in writing, the release of your testing results to third parties, and LiveWellTesting.com assumes no liability resulting from such authorized release of information.

In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, LiveWellTesting.com will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by LiveWellTesting.com.  Customer further acknowledges that LiveWellTesting.com may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests.  Customer acknowledges LiveWellTesting.com has no control over the conduct or omissions of such third party laboratories.  LiveWellTesting.com hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information."

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service ("SMS") text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling LiveWellTesting.com customer support.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

LiveWellTesting.com devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

2.   Healthcare Services. All of the Treating Providers who deliver Services through LiveWellTesting.com are independent professionals solely responsible for the services each provides to you. LiveWellTesting.com does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither LiveWellTesting.com nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.

3.     Site Content. None of the Site content (other than information you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

4.     Informed Consent.

A. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.

B. The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through LiveWellTesting.com or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

  • In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
  • Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
  • In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
  • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

C. By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

  • You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
  • You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received LiveWellTesting.com’s Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
  • If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
  • Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
  • With respect to psychotherapy, you are entitled to receive information from your Treating Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.

D. With respect to psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants. You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination.

E. You can send messages to your Treating Provider by contacting LiveWellTesting.com Customer Support at 1-844-738-2663. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.

F. You may also be able to send written notes to therapists or other Treating Providers or to Customer Support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one Treating Provider or Customer Support agent and will typically be answered within 48 hours. You should not rely on the Messaging Portal if you need immediate attention from a Treating Provider or other health care professional. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room. You understand and agree that messaging with Treating Providers over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.

5.     Privacy. LiveWellTesting.com is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Treating Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and LiveWellTesting.com. LiveWellTesting.com cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by LiveWellTesting.com.

6.     User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by LiveWellTesting.com (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. LiveWellTesting.com reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall LiveWellTesting.com be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.

7.     Use of the Services by Children. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

8.     Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Treating Providers through the Site and to refrain from contacting Treating Providers for telehealth services outside of the Site. LiveWellTesting.com is not responsible for any interactions with Treating Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

9.     Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing LiveWellTesting.com with your credit card number or PayPal account and associated payment information, you agree that LiveWellTesting.com is authorized to immediately invoice your account for all fees and charges due and payable to LiveWellTesting.com hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with LiveWellTesting.com to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with LiveWellTesting.com, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. LiveWellTesting.com offers no guarantee that you shall receive any such reimbursement. LiveWellTesting.com reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

10.  Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

11.  Ownership. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

12.  Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of LiveWellTesting.com or other entities. You are not authorized to use any such Marks without the express written permission of LiveWellTesting.com. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

13.  Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to lwt@confirmbiosciences.com . LiveWellTesting.com may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, LiveWellTesting.com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, LiveWellTesting.com will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

14.  Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

15.  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. LIVEWELLTESTING.COM 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.

You acknowledge and agree that LiveWellTesting.com does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers, including physicians and other Treating Providers in the LiveWellTesting.com network. You acknowledges and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

16.  LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIVEWELLTESTING.COM 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 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. To the extent that we 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 our liability will be the minimum permitted under such applicable law.

17.  Indemnification. You agree to indemnify, defend and hold harmless LiveWellTesting.com, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.

18.  Geographical Restrictions. LiveWellTesting.com 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.

19.  Disclosures.

All physicians and psychologists on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee.

You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at

http://www.fsmb.org/state-medical-boards/contacts and governing psychology on the Association of State and Provincial Psychology Boards website at http://www.asppb.net/?page=BdContactNewPG.

Any clinical records created as a result of your use of the Site will be securely maintained by LiveWellTesting.com on behalf of your Treating Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.

20.  Shipping Policy

All orders are shipped via Fedex Express, USPS Priority Mail, USPS 1st Class mail, or UPS Ground depending on location and shipping option selected at checkout.  Delivery times may vary depending on the stock of availability.  Please allow 3-5 business days for delivery of in-stock items on Standard or Ground shipping orders. Please note there is no Saturday delivery for FedEx and UPS unless we are contacted by phone for this request during business hours.

We only ship to P.O. Boxes via USPS.  APO/FPO/AFO orders are allowed. With FedEx and UPS air delivery services, we may use a ground delivery option if the expected delivery date is aligned with the day service requested and paid for by the customer.

LiveWellTesting.com's order cutoff time is 12 PM PST.  Orders placed after 12 PM are processed on the next business day. For urgent requests after 12 PM PST please contact us.

LiveWellTesting may request additional information concerning your order at our discretion.  This may include signing a disclaimer to charge your credit card for larger orders as well as additional shipping information.  We may require that the shipping address be the same as your billing address.  If any of these situations arises, LiveWellTesting.com may contact you concerning your order either by phone or email.  In order to request delivery with signature required, please include this in your order notes.

DNA, HIV, hormone, and other lab-based tests cannot be shipped to the state of New York.

HIV Test Kits and lab test services cannot be purchased using Google Checkout.

Please see full product description for other limitations. Other state limitations may apply. Some products are designed for forensic and/or professional use only.

All time frames are estimated. They will depend on item availability, order time placed and shipping service providers. They do not represent any guarantee.

If you request that your delivery address be adjusted after the order has shipped you will be required to pay the additional fee incurred for re-routing.

International Shipping

We ship outside of the United States.  Some limitations apply.

Certain items are not usable outside of the United States (primarily DNA tests and other lab-based tests), therefore such items cannot be included in international orders.

LiveWellTesting.com is not responsible for lost or delayed shipments due to delivery companies or customs mishandling of packages.

Buyers are responsible for any customs fees or taxes that may apply to their order. These fees will not be included in the order total and cannot be estimated by LiveWellTesting.com.

Shipping charges are determined by the destination and items purchased. Estimated shipping = Base Shipping (see below) + insurance (1% of item total + $2).

21.  Returns and Exchanges

Returns or Exchanges of tangible items are accepted within 30 days of receipt.

All returns/exchanges require a Return Merchandise Authorization (RMA) number. Please email us at lwt@confirmbiosciences.com to obtain an RMA number.

All refunds will be made in the same form of payment as the original payment, within 7-14 days of LiveWellTesting.com's receipt of the returned merchandise.

We recommend use of a traceable shipping method so that your shipment will not be lost.

Please note: Each order is checked twice before being shipped. We will be responsible for all shipping charges only when we have shipped incorrect or defective items.

We are unable to refund on processed lab services and other rendered services. A lab service order may only be cancelled before the collection of sample and the 30 day registration form expiration date. A $20 fee may apply

  1. Availability of Products

LiveWellTesting.com makes no claim or guarantee as to the availability of any specific product.  Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).

  1. Assignability

In the event you transfer or assign to a third party your interests in products or services provided by LiveWellTesting.com, such assignee shall be subject to and legally bound by these Terms and Conditions.

  1. Testing Products Offered Solely for Preliminary Screening Purposes

All testing products offered on the Website are offered solely for preliminary screening purposes, and are provided for the purpose of initial screening of substances and/or any other diagnostics.  Although we stand by our products and strive to offer testing products with the highest level of reliability, the testing products and services offered by LiveWellTesting.com are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.

25.  Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in San Diego, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to these Terms of Use.

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, LiveWellTesting.com has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Confirm BioSciences, Inc., 5663 Balboa Ave #464, San Diego, CA 92111.

 

Notice of

Health Information Privacy Practices

Effective:  October 3, 2013

How is Patient Privacy Protected?

As the healthcare providers providing online medical services through LiveWellTesting.com (the “Healthcare Providers”, “us”, “we”, “our”), we understand that information about you and your health is personal.  Because of this, we strive to maintain the confidentiality of your health information.  We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.

How do we use and disclose health information?

We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and health care operations.  Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

Treatment – We keep a record of the health information you provide us.  This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the online services.  We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.  

Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us.  We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.  

Health Care Operations – Health information is used to improve the services we provide, to train staff and students, for business management, quality improvement, and for customer service.  For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.

We may also use your health information to:

  • Comply with federal, state or local laws that require disclosure.
  • Assist in public health activities such as tracking diseases or medical devices.
  • Inform authorities to protect victims of abuse or neglect.
  • Comply with Federal and state health oversight activities such as fraud investigations.
  • Respond to law enforcement officials or to judicial orders, subpoenas or other process.  
  • Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
  • Facilitate organ and tissue donation or procurement.
  • Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
  • Avert a serious threat to health or safety.
  • Assist in specialized government functions such as national security, intelligence and protective services.
  • Inform military and veteran authorities if you are an armed forces member (active or reserve).
  • Inform a correctional institution if you are an inmate.
  • Inform workers’ compensation carriers or your employer if you are injured at work.
  • Recommend treatment alternatives.
  • Tell you about health-related products and services.
  • Communicate within our organization for treatment, payment, or health care operations.
  • Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment or licensing.
  • Provide information to other third parties with whom we do business, such as a record storage provider.  However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

We may also use or disclose your personal or health information for the following operational purposes. For example, we may:

  • Communicate with individuals involved in your care or payment for that care, such as friends and family.
  • Send appointment reminders.

You may tell us that you do not want us to use or disclose your information for these two activities.

All other uses and disclosures, not previously described, may only be done with your written authorization.  For example, we need your authorization before we disclose your psychotherapy notes.  We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information.  You may revoke your authorization at any time; however, this will not affect prior uses and disclosures.

In some cases state law may require that we apply extra protections to some of your health information.  

 

What are the Healthcare Provider’s Responsibilities?

We are required by law to:

  • Maintain the privacy of your health information
  • Provide this notice of our duties and privacy practices
  • Abide by the terms of the notice currently in effect.
  • Tell you if there has been a breach that compromises your health information.

We reserve the right to change privacy practices, and make the new practices effective for all the information we maintain.  Revised notices will be posted on the LiveWellTesting.com website.

Do you have any Federal Rights?

The law entitles you to:

  • Inspect and copy certain portions of your health information.  In most cases this will not include psychotherapy notes and we may deny your request under limited circumstances. (Fees may apply to this request).  If we keep records electronically, you may request that we provide them to you in an electronic format.
  • Request amendment of your health information if you feel the health information is incorrect or incomplete.  (However, under certain circumstances we may deny your request.)
  • Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes disclosures for treatment, payment, health care operations. (Fees may apply to this request).
  • Request that we restrict how we use or disclose your health information.  (However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or health care operations, and you have paid for the health care services completely out of pocket).
  • Request that we communicate with you at a specific telephone number or address.
  • Obtain a paper copy of this notice even if you receive it electronically.


We may ask that you make some of these requests in writing.  

What if I have a Complaint?

If you believe that your privacy has been violated, you may file a complaint with us or Better Business Bureau at BBB.org. We will not retaliate or penalize you for filing a complaint with the facility or BBB.  

To file a complaint with us or receive more information contact:

Phone:          (800) 908 5603

Email:           lwt@confirmbiosciences.com          

Address:          5663 Balboa Ave #464, San Diego, CA 92111

                        

To file a complaint with the visit BBB.org and fill out this form: https://www.bbb.org/consumer-complaints/file-a-complaint/get-started

Who Will Follow This Notice?

This Notice describes the healthcare practices of:

  • Any physician or other health care professional authorized by us to access and/or enter information into your medical record,
  • All departments and units through which LiveWellTesting.com’s online services are provided; and
  • All affiliates and volunteers.

Your personal care providers may have different policies or Notices regarding their use and disclosure of your health information created in their offices. 

Need more information?

LiveWellTesting.com Site Privacy Policy

1.               Introduction.  Confirm BioSciences, Inc. (“LiveWellTesting.com”, “we”, “us”, or “our”) operates the website located at www.livewelltesting.com and other related websites and mobile applications with links to this Privacy Policy (collectively, the “Site”).  Through the Site, we operate an online service enabling Customers (“Customers”) to receive telehealth services from  various healthcare providers (the “Services”).  We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Site or the Services.  

THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU.   BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.   IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

2.               Important Definitions.  When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”).  When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual.  Lastly, when we use the term “Cookies”, we mean the small pieces of information that a Site sends to your browser while you are viewing a website.  

3.               Questions.  If you have questions or concerns about this Privacy Policy, please contact us by sending an email to lwt@confirmbiosciences.com .  

4.               HIPAA.   Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act ("HIPAA").  We will maintain the privacy of your Health Information as required by HIPAA and the regulations promulgated under that Act. We encourage you to review our Notice of Privacy Practices, which describes how health we  may use and disclose your Health Information.

5.               Children under age 18.  We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our Site.

6.               The Personal information we collect or maintain may include:

  • Your name, age, email address, username,  password, and other registration information  
  • Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information
  • Health information about you prepared by the health care provider(s) who provide the Services through the Site  such as medical records, treatment and examination notes, and other health related information
  • Billing information that you provide us, such as credit card information  
  • Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site  
  • Other information you input into the Site or related services

7.               We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

  • To provide you with the Services
  • To improve the quality of healthcare through the performance of quality reviews and similar activities
  • To create De-identified Information such as aggregate statistics relating to the use of the Service
  • To notify you when Site updates are available,
  • To market and promote the Site and the Services
  • To fulfill any other purpose for which you provide us Personal Information  
  • For any other purpose for which you give us authorization  

 8.               We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions): 

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • As required by law, which can include providing information as required by a court order.
  • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of  LiveWellTesting.com’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.

9.               Information We Collect via Technology. As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

  • Site Activity Information.  We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
  • Access Device and Browser Information.  When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
  • Cookies.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and LiveWellTesting.com.  You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site.   We presently do not honor  "Do Not Track" requests across all part of our Site.  
  • Real-Time Location.  Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
  • Mobile Services.  We may also collect non-personal information from your mobile device or computer.   This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and and information about the type of device or computer you use.  In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).  
  • Google Analytics.  We use Google Analytics to help analyze how users use the Site.  Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information.  Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.  

10.            De-Identified Information.  We may use De-Identified Information created by us without restriction.    

11.            Information You Share With Third Parties  This Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site.  This policy DOES NOT  apply to information collected by any third party.  When you click on links on the Site you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

12.            Modification of Information.  Customers  will be able to update some of their information through the Site.  Requests to modify any information may also be submitted directly to lwt@confirmbiosciences.com . 

13.            Limitations on Deletion of Information.  You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service.  Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.  After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

14.            Steps we take to keep your information secure. We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption.    But  please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure.  As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.  

15.            Report Violations. You should report any security violations to us by sending an email to lwt@confirmbiosciences.com .

16.            Changes to this Privacy Policy.  We may change this Privacy Policy from time to time in the future.  We will post any revised version of the Privacy Policy on this page.  Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.  By using the  Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.

 



 

1.    Use of the Site.  Confirm BioSciences, Inc. DBA LiveWellTesting.com (“LiveWellTesting.com”,” LiveWellTesting”, “we”, “us”, or “our”) operates the website located at www.livewelltesting.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer diagnostic product, laboratory testing and online telehealth services (the “Services”) and in the process we might enable our Customers (“Customers”, “Clients”, “Members”) to report their health history and engage healthcare professionals (“Treating Providers”) to obtain medical and healthcare services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

LiveWellTesting.com will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter "Confidential Testing Information").  Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.

Except as set forth herein, LiveWellTesting.com will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties.  You may authorize, in writing, the release of your testing results to third parties, and LiveWellTesting.com assumes no liability resulting from such authorized release of information.

In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, LiveWellTesting.com will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by LiveWellTesting.com.  Customer further acknowledges that LiveWellTesting.com may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests.  Customer acknowledges LiveWellTesting.com has no control over the conduct or omissions of such third party laboratories.  LiveWellTesting.com hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information."

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service ("SMS") text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling LiveWellTesting.com customer support.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

LiveWellTesting.com devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

2.   Healthcare Services. All of the Treating Providers who deliver Services through LiveWellTesting.com are independent professionals solely responsible for the services each provides to you. LiveWellTesting.com does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither LiveWellTesting.com nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.

3.     Site Content. None of the Site content (other than information you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

4.     Informed Consent.

A. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.

B. The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through LiveWellTesting.com or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

  • In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
  • Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
  • In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
  • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

C. By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

  • You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
  • You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received LiveWellTesting.com’s Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
  • If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
  • Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
  • With respect to psychotherapy, you are entitled to receive information from your Treating Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.

D. With respect to psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants. You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination.

E. You can send messages to your Treating Provider by contacting LiveWellTesting.com Customer Support at 1-844-738-2663. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.

F. You may also be able to send written notes to therapists or other Treating Providers or to Customer Support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one Treating Provider or Customer Support agent and will typically be answered within 48 hours. You should not rely on the Messaging Portal if you need immediate attention from a Treating Provider or other health care professional. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room. You understand and agree that messaging with Treating Providers over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.

5.     Privacy. LiveWellTesting.com is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Treating Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and LiveWellTesting.com. LiveWellTesting.com cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by LiveWellTesting.com.

6.     User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by LiveWellTesting.com (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. LiveWellTesting.com reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall LiveWellTesting.com be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.

7.     Use of the Services by Children. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

8.     Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Treating Providers through the Site and to refrain from contacting Treating Providers for telehealth services outside of the Site. LiveWellTesting.com is not responsible for any interactions with Treating Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

9.     Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing LiveWellTesting.com with your credit card number or PayPal account and associated payment information, you agree that LiveWellTesting.com is authorized to immediately invoice your account for all fees and charges due and payable to LiveWellTesting.com hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with LiveWellTesting.com to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with LiveWellTesting.com, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. LiveWellTesting.com offers no guarantee that you shall receive any such reimbursement. LiveWellTesting.com reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

10.  Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

11.  Ownership. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

12.  Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of LiveWellTesting.com or other entities. You are not authorized to use any such Marks without the express written permission of LiveWellTesting.com. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

13.  Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to lwt@confirmbiosciences.com . LiveWellTesting.com may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, LiveWellTesting.com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, LiveWellTesting.com will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

14.  Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

15.  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. LIVEWELLTESTING.COM 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.

You acknowledge and agree that LiveWellTesting.com does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers, including physicians and other Treating Providers in the LiveWellTesting.com network. You acknowledges and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

16.  LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIVEWELLTESTING.COM 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 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. To the extent that we 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 our liability will be the minimum permitted under such applicable law.

17.  Indemnification. You agree to indemnify, defend and hold harmless LiveWellTesting.com, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.

18.  Geographical Restrictions. LiveWellTesting.com 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.

19.  Disclosures.

All physicians and psychologists on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee.

You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at

http://www.fsmb.org/state-medical-boards/contacts and governing psychology on the Association of State and Provincial Psychology Boards website at http://www.asppb.net/?page=BdContactNewPG.

Any clinical records created as a result of your use of the Site will be securely maintained by LiveWellTesting.com on behalf of your Treating Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.

20.  Shipping Policy

All orders are shipped via Fedex Express, USPS Priority Mail, USPS 1st Class mail, or UPS Ground depending on location and shipping option selected at checkout.  Delivery times may vary depending on the stock of availability.  Please allow 3-5 business days for delivery of in-stock items on Standard or Ground shipping orders. Please note there is no Saturday delivery for FedEx and UPS unless we are contacted by phone for this request during business hours.

We only ship to P.O. Boxes via USPS.  APO/FPO/AFO orders are allowed. With FedEx and UPS air delivery services, we may use a ground delivery option if the expected delivery date is aligned with the day service requested and paid for by the customer.

LiveWellTesting.com's order cutoff time is 12 PM PST.  Orders placed after 12 PM are processed on the next business day. For urgent requests after 12 PM PST please contact us.

LiveWellTesting may request additional information concerning your order at our discretion.  This may include signing a disclaimer to charge your credit card for larger orders as well as additional shipping information.  We may require that the shipping address be the same as your billing address.  If any of these situations arises, LiveWellTesting.com may contact you concerning your order either by phone or email.  In order to request delivery with signature required, please include this in your order notes.

DNA, HIV, hormone, and other lab-based tests cannot be shipped to the state of New York.

HIV Test Kits and lab test services cannot be purchased using Google Checkout.

Please see full product description for other limitations. Other state limitations may apply. Some products are designed for forensic and/or professional use only.

All time frames are estimated. They will depend on item availability, order time placed and shipping service providers. They do not represent any guarantee.

If you request that your delivery address be adjusted after the order has shipped you will be required to pay the additional fee incurred for re-routing.

International Shipping

We ship outside of the United States.  Some limitations apply.

Certain items are not usable outside of the United States (primarily DNA tests and other lab-based tests), therefore such items cannot be included in international orders.

LiveWellTesting.com is not responsible for lost or delayed shipments due to delivery companies or customs mishandling of packages.

Buyers are responsible for any customs fees or taxes that may apply to their order. These fees will not be included in the order total and cannot be estimated by LiveWellTesting.com.

Shipping charges are determined by the destination and items purchased. Estimated shipping = Base Shipping (see below) + insurance (1% of item total + $2).

21.  Returns and Exchanges

Returns or Exchanges of tangible items are accepted within 30 days of receipt.

All returns/exchanges require a Return Merchandise Authorization (RMA) number. Please email us at lwt@confirmbiosciences.com to obtain an RMA number.

All refunds will be made in the same form of payment as the original payment, within 7-14 days of LiveWellTesting.com's receipt of the returned merchandise.

We recommend use of a traceable shipping method so that your shipment will not be lost.

Please note: Each order is checked twice before being shipped. We will be responsible for all shipping charges only when we have shipped incorrect or defective items.

We are unable to refund on processed lab services and other rendered services. A lab service order may only be cancelled before the collection of sample and the 30 day registration form expiration date. A $20 fee may apply

  1. Availability of Products

LiveWellTesting.com makes no claim or guarantee as to the availability of any specific product.  Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).

  1. Assignability

In the event you transfer or assign to a third party your interests in products or services provided by LiveWellTesting.com, such assignee shall be subject to and legally bound by these Terms and Conditions.

  1. Testing Products Offered Solely for Preliminary Screening Purposes

All testing products offered on the Website are offered solely for preliminary screening purposes, and are provided for the purpose of initial screening of substances and/or any other diagnostics.  Although we stand by our products and strive to offer testing products with the highest level of reliability, the testing products and services offered by LiveWellTesting.com are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.

25.  Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in San Diego, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to these Terms of Use.

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, LiveWellTesting.com has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Confirm BioSciences, Inc., 5663 Balboa Ave #464, San Diego, CA 92111.

 

Notice of

Health Information Privacy Practices

Effective:  October 3, 2013

How is Patient Privacy Protected?

As the healthcare providers providing online medical services through LiveWellTesting.com (the “Healthcare Providers”, “us”, “we”, “our”), we understand that information about you and your health is personal.  Because of this, we strive to maintain the confidentiality of your health information.  We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.

How do we use and disclose health information?

We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and health care operations.  Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

Treatment – We keep a record of the health information you provide us.  This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the online services.  We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.  

Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us.  We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.  

Health Care Operations – Health information is used to improve the services we provide, to train staff and students, for business management, quality improvement, and for customer service.  For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.

We may also use your health information to:

  • Comply with federal, state or local laws that require disclosure.
  • Assist in public health activities such as tracking diseases or medical devices.
  • Inform authorities to protect victims of abuse or neglect.
  • Comply with Federal and state health oversight activities such as fraud investigations.
  • Respond to law enforcement officials or to judicial orders, subpoenas or other process.  
  • Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
  • Facilitate organ and tissue donation or procurement.
  • Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
  • Avert a serious threat to health or safety.
  • Assist in specialized government functions such as national security, intelligence and protective services.
  • Inform military and veteran authorities if you are an armed forces member (active or reserve).
  • Inform a correctional institution if you are an inmate.
  • Inform workers’ compensation carriers or your employer if you are injured at work.
  • Recommend treatment alternatives.
  • Tell you about health-related products and services.
  • Communicate within our organization for treatment, payment, or health care operations.
  • Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment or licensing.
  • Provide information to other third parties with whom we do business, such as a record storage provider.  However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

We may also use or disclose your personal or health information for the following operational purposes. For example, we may:

  • Communicate with individuals involved in your care or payment for that care, such as friends and family.
  • Send appointment reminders.

You may tell us that you do not want us to use or disclose your information for these two activities.

All other uses and disclosures, not previously described, may only be done with your written authorization.  For example, we need your authorization before we disclose your psychotherapy notes.  We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information.  You may revoke your authorization at any time; however, this will not affect prior uses and disclosures.

In some cases state law may require that we apply extra protections to some of your health information.  

 

What are the Healthcare Provider’s Responsibilities?

We are required by law to:

  • Maintain the privacy of your health information
  • Provide this notice of our duties and privacy practices
  • Abide by the terms of the notice currently in effect.
  • Tell you if there has been a breach that compromises your health information.

We reserve the right to change privacy practices, and make the new practices effective for all the information we maintain.  Revised notices will be posted on the LiveWellTesting.com website.

Do you have any Federal Rights?

The law entitles you to:

  • Inspect and copy certain portions of your health information.  In most cases this will not include psychotherapy notes and we may deny your request under limited circumstances. (Fees may apply to this request).  If we keep records electronically, you may request that we provide them to you in an electronic format.
  • Request amendment of your health information if you feel the health information is incorrect or incomplete.  (However, under certain circumstances we may deny your request.)
  • Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes disclosures for treatment, payment, health care operations. (Fees may apply to this request).
  • Request that we restrict how we use or disclose your health information.  (However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or health care operations, and you have paid for the health care services completely out of pocket).
  • Request that we communicate with you at a specific telephone number or address.
  • Obtain a paper copy of this notice even if you receive it electronically.


We may ask that you make some of these requests in writing.  

What if I have a Complaint?

If you believe that your privacy has been violated, you may file a complaint with us or Better Business Bureau at BBB.org. We will not retaliate or penalize you for filing a complaint with the facility or BBB.  

To file a complaint with us or receive more information contact:

Phone:          (800) 908 5603

Email:           lwt@confirmbiosciences.com          

Address:          5663 Balboa Ave #464, San Diego, CA 92111

                        

To file a complaint with the visit BBB.org and fill out this form: https://www.bbb.org/consumer-complaints/file-a-complaint/get-started

Who Will Follow This Notice?

This Notice describes the healthcare practices of:

  • Any physician or other health care professional authorized by us to access and/or enter information into your medical record,
  • All departments and units through which LiveWellTesting.com’s online services are provided; and
  • All affiliates and volunteers.

Your personal care providers may have different policies or Notices regarding their use and disclosure of your health information created in their offices. 

Need more information?

LiveWellTesting.com Site Privacy Policy

1.               Introduction.  Confirm BioSciences, Inc. (“LiveWellTesting.com”, “we”, “us”, or “our”) operates the website located at www.livewelltesting.com and other related websites and mobile applications with links to this Privacy Policy (collectively, the “Site”).  Through the Site, we operate an online service enabling Customers (“Customers”) to receive telehealth services from  various healthcare providers (the “Services”).  We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Site or the Services.  

THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU.   BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.   IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

2.               Important Definitions.  When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”).  When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual.  Lastly, when we use the term “Cookies”, we mean the small pieces of information that a Site sends to your browser while you are viewing a website.  

3.               Questions.  If you have questions or concerns about this Privacy Policy, please contact us by sending an email to lwt@confirmbiosciences.com .  

4.               HIPAA.   Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act ("HIPAA").  We will maintain the privacy of your Health Information as required by HIPAA and the regulations promulgated under that Act. We encourage you to review our Notice of Privacy Practices, which describes how health we  may use and disclose your Health Information.

5.               Children under age 18.  We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our Site.

6.               The Personal information we collect or maintain may include:

  • Your name, age, email address, username,  password, and other registration information  
  • Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information
  • Health information about you prepared by the health care provider(s) who provide the Services through the Site  such as medical records, treatment and examination notes, and other health related information
  • Billing information that you provide us, such as credit card information  
  • Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site  
  • Other information you input into the Site or related services

7.               We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

  • To provide you with the Services
  • To improve the quality of healthcare through the performance of quality reviews and similar activities
  • To create De-identified Information such as aggregate statistics relating to the use of the Service
  • To notify you when Site updates are available,
  • To market and promote the Site and the Services
  • To fulfill any other purpose for which you provide us Personal Information  
  • For any other purpose for which you give us authorization  

 8.               We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions): 

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • As required by law, which can include providing information as required by a court order.
  • When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of  LiveWellTesting.com’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.

9.               Information We Collect via Technology. As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

  • Site Activity Information.  We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
  • Access Device and Browser Information.  When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
  • Cookies.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and LiveWellTesting.com.  You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site.   We presently do not honor  "Do Not Track" requests across all part of our Site.  
  • Real-Time Location.  Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
  • Mobile Services.  We may also collect non-personal information from your mobile device or computer.   This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and and information about the type of device or computer you use.  In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).  
  • Google Analytics.  We use Google Analytics to help analyze how users use the Site.  Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information.  Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.  

10.            De-Identified Information.  We may use De-Identified Information created by us without restriction.    

11.            Information You Share With Third Parties  This Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site.  This policy DOES NOT  apply to information collected by any third party.  When you click on links on the Site you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

12.            Modification of Information.  Customers  will be able to update some of their information through the Site.  Requests to modify any information may also be submitted directly to lwt@confirmbiosciences.com . 

13.            Limitations on Deletion of Information.  You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service.  Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.  After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.

14.            Steps we take to keep your information secure. We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption.    But  please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure.  As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.  

15.            Report Violations. You should report any security violations to us by sending an email to lwt@confirmbiosciences.com .

16.            Changes to this Privacy Policy.  We may change this Privacy Policy from time to time in the future.  We will post any revised version of the Privacy Policy on this page.  Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.  By using the  Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.