Terms and Conditions

AwareHomeTest.com Website Terms of Use

Last Updated: March 15, 2024
Effective Date: March 15, 2024

Welcome to awarehometest.com (the “Site”). Preventx (Pandora S9 Inc) and Aware Home Test (together “we” and “us”) provide this Site and the related testing services (“Services”). These Website Terms of Use (these “Terms”) describe the terms and conditions on which we offer you access to the Site.

Before accessing and using the Site, please read these terms carefully because they constitute a legal agreement between you and us. BY USING THE SITE, YOU AFFIRM THAT:

YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THESE TERMS;
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS; AND
YOU CONSENT TO OUR PRIVACY POLICY.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY OR NATURAL PERSON, YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT HAVE THE AUTHORITY OR DO NOT AGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ARBITRATION NOTICE.

These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). You and we are each waiving the right to a trial by jury. Please see AGREEMENT TO ARBITRATE below.

CHANGES TO THESE TERMS

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features to the Site, we may update these Terms. When we modify these Terms, we will update the Effective Date and, when possible, we also will provide you with advance written notice of our changes. We will not make changes that have a material retroactive effect unless we are legally required to do so or to protect the rights of other Site users. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements of or about the Site.

ADDITIONAL TERMS

Additional terms and conditions may apply to certain features of the Site. When presented to you, you must agree to the additional terms before using the features to which they apply. These Terms and the additional terms will apply equally unless an additional term is irrevocably inconsistent with Terms, in which case the additional term will prevail but solely to the extent of the inconsistency.

MEDICAL DISCLAIMER

This Site provides information about healthcare for general informational purposes and is not and should not be considered specific instructions for individual patients. Nothing on this Site is intended to substitute for proper medical advice, diagnosis, or treatment.

All laboratory tests are performed by the Preventx laboratory or laboratories that partner with us. For questions regarding specific tests, we may assist you or refer you to the laboratory.

The Services are not suitable for emergency or urgent medical matters. You agree not to use these services for such matters. For urgent or emergency situations that may immediately affect your health, you agree to contact your medical services provider, call 911, or go to an emergency room at a local hospital facility.

USING THE SITE

You may use the Site for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party's use and enjoyment of the Site.

SITE CONTENT

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license (without the right to sublicense) to access and use the site and download, and print the Site Content solely in connection with your permitted use of the Site and subject to these terms. You acknowledge that the trade secrets and intellectual property embodied in the Site are not and will not be licensed or otherwise disclosed to you You acknowledge that you do not acquire any ownership rights in this Site or any Content. All rights not expressly granted herein are reserved by us.

These Terms and your use of the Site grant you only the limited rights described in these Terms. Nothing contained in these Terms grants by implication, estoppel or otherwise, any license or right in or to our trademarks, logos or service marks ("Marks"), patents, trade secrets or other intellectual property embodied in the Site or to the patents, technologies, products, or proprietary rights of third-parties. Unauthorized use of any of the Marks or our other intellectual property may violate law.

By using the Site, you may be contacted by AwareHomeTest via phone, email, and mail about your test results and/or linkage to care. You also authorize AwareHomeTest to share your contact information with the laboratory performing services and with public health partners that sponsor the services. You may opt out of communications by contacting us at [email protected].

USE OF THE SERVICES

Accounts: To use the lab services, you must create a user account. You must provide accurate, complete, and up-to-date information for your account and agree to update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to immediately notify us of any unauthorized use of your account. Failure to do so may result in suspension or termination of your account.

If you are requesting Services for another person, you represent that you have the authority and consent to do so. We reserve the right to pursue legal action against individuals who request Services for others without appropriate consent and authority.

Restrictions on Access to and Use of the Site. You agree that you shall not (and you agree not to encourage or allow any third party to):

Use the Services for any unlawful or prohibited purpose;
Use the Services in a way that could damage, disable, overburden, or impair our servers or interfere with others' use of the Services and Site Content;
Attempt to gain unauthorized unauthorized access to the Services, other accounts, or computer systems connected to our servers or to any Site Content through hacking, password mining or any other means;
Interfere with or disrupt the Site or its servers or networks;
Probe, scan, or test the vulnerability of any part of the Services;
Remove any copyright, trademark or other proprietary rights notice contained in the Services or Site Content;
Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site or any feature or functionality of the Site to any third party for any reason;
Reformat or frame any portion of the web pages that are part of the Site;
Collect or store personal data about any other user without his/her express prior written consent; or
Use the Site to send any unauthorized advertisement, junk mail or other unsolicited or unauthorized commercial or promotional content.

We have the discretion to terminate your access to the Site without notice for any violation of the above rules.

You are solely responsible for all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.

Preventx will only disclose PHI data to an authorized recipient (the sub processor), by using our services, you acknowledge and agree that we may collect, process, and share your health-related information with third parties under the following conditions in compliance with the Health Insurance Portability and Accountability Act (HIPAA):

Consent and Authorization: We will only share your Protected Health Information (PHI) with third parties if you have given explicit consent or authorization, except where sharing is required or permitted by law under HIPAA regulations, so long as such permitted uses and disclosures are not made to investigate, or impose, liability on any person seeking, obtaining, providing, or facilitating reproductive healthcare.
Business Associates: We may share your PHI with third-party service providers (Business Associates) who perform functions or provide services on our behalf, such as data analysis, hosting services, customer service, and marketing assistance. These Business Associates are contractually obligated to safeguard your PHI in accordance with HIPAA and to use it only for the purposes we specify.
Healthcare Providers: With your authorization, we may share your PHI with your designated healthcare providers to facilitate medical care, treatment, and health management.

SUBMISSIONS

We may from time to time offer areas in the Site where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials to or through the Site (collectively, "Submissions"). By sending, posting or transmitting Submissions to us through the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, we have the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submissions -- in any medium and for any purpose. Under no circumstances are you entitled to payment if we use one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.

By posting a Submission, you represent and warrant that:

you own or otherwise control all the rights to your Submission, including without implied limitation all copyrights;
your Submission is true and accurate;
your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
your Submission complies with applicable laws, rules and regulations.

You acknowledge and agree that we have the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. We take no responsibility and assume no liability for any Submission posted by you or any third party. We are not responsible for information that you choose to communicate via Submissions.

DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

DISCLAIMER

THIS SERVICES AND SITE CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ACCESSING OR USING THE SITE, FOR CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR ANY INABILITY TO USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN US UNDER THESE TERMS BUT WILL NOT BE APPLICABLE IF AND WHERE PROHIBITED BY APPLICABLE LAW. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

INDEMNIFICATION

You agree to defend, indemnify, and hold AwareHomeTest and its affiliates harmless from any loss, liability, claim, demands, costs, or expenses arising from your violation of these.

GOVERNING LAW

You agree that all matters relating to your access to or use of the Site will be governed by the laws of the State of Ohio without regard to conflict of law principles.

Nothing in these Terms will be deemed to waive, preclude or otherwise limit the right to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through a government regulator or pursue a statutory remedy available in the applicable court of law; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.

AGREEMENT TO ARBITRATE

Arbitrator. Any arbitration between us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, AAA Rules) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (Notice of Arbitration). Our address for Notice or Arbitration is: Pandora S9 Inc, 10234 Alliance road, Blue Ash, Ohio, 45242. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (Demand). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, either of us may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount greater than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) U.S. $10,000.

Any arbitration hearing will take place at a location to be agreed upon in Ohio, but if the claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. WE EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both we each agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this , you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to the following address: Pandora S9 Inc, 10234 Alliance road, Blue Ash, Ohio, 45242. If you do not notify us in accordance with this Section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in the Terms revised after the date of your first acceptance. The notification must include: (a) your name, (b) the email address associated with your account (if any), (c) your mailing address, (d) a statement that you do not wish to resolve disputes with us through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other agreements in the future, your notification that you are opting out of the arbitration provision in these Terms does not and will not affect the other arbitration agreements between us.

Changes to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days after the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If for some reason the entirety of the agreement to arbitrate is deemed invalid, void, or for any reason unenforceable by a competent authority, then we each agree to resolve disputes arising from or related to these Terms as described in “GOVERNING LAW” above. We each agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

LINKS TO OR FROM THIRD PARTY WEBSITES

This Site may contain links to other sites and online service operated by third parties including social media (collectively, “Linked Sites”). You access Linked Sites at your own risk. The inclusion of a link does not imply endorsement by us of the Linked Sites or any association with the operators of the Linked Sites. We do not investigate, verify or monitor the Linked Sites. We provide links to Linked Sites for your convenience only. We are not responsible for the content or your use of Linked Sites. Linked Sites likely have their own terms of use, which you should review.

TERMINATION

We may terminate your access to the Site at any time with or without notice to you, at any time for any reason. For example, we may prohibit your use of the Site if we believe that you are a minor.

These Terms automatically terminate when you fail to comply with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision of these Terms that must survive to give proper effect to the intent and purpose of these Terms, shall survive termination.

ELECTRONIC CONTRACTING

Your affirmative act of using the Site constitutes your electronic signature to these Terms and our Privacy Policy, and your consent to enter into agreements with us electronically.

GEOGRAPHIC RESTRICTIONS

Our servers and operations are located in the United States and our policies and procedures are based on United States law. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us to any registration requirement within such jurisdiction or country.

WAIVER AND SEVERABILITY

Failure to enforce any provision of these Terms does not waive the right to enforce it later. If any provision is found invalid, the remaining provisions will remain in effect.

MISCELLANEOUS

These Terms (including our Privacy Policy) contain the entire understanding by and between us with respect to the Site and matters contained herein.
These Terms inure to the benefit of and are binding on our and your successors and assigns, respectively.
We may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without our prior express written consent.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
If we fail or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
Nothing contained in these Terms creates a relationship or partnership, joint venture, or agency between us.
If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
Headings and captions are for convenience only.

VIOLATIONS

Please report violations of these Terms to [email protected].

QUESTIONS?

If you have questions about the Site or these Terms, please contact us at:

10234 Alliance Road
Cincinnati, OH 45242