PWNHealth Terms of Use

Effective Date: July 18, 2018

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. PWN DOES NOT PROVIDE SERVICES FOR MEDICAL EMERGENCIES.

These Terms of Use ("Terms of Use" or "Terms") govern your use of the services provided by PWN Remote Care Services, PW Medical Professional, certain affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, "PWN", "we" or "us") relating to ordering laboratory tests ("Tests"), including, without limitation, ordering of Tests, test review services, testing, receipt of Test results ("Results"), telehealth consultations with PWN affiliated physicians ("Consults"), any customer support or counseling and any other related services provided by PWN or its service providers and partners (the "Services") and website ("Site"). The Tests are performed by the laboratory identified when you order your Test. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR SITE.

By using the Services or the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SERVICES OR SITE.

As part of the Services, you may interact with certain Site pages that are hosted by WebMD LLC ("WebMD") or by PWN. WebMD’s privacy policy and terms and conditions of use (the "WebMD Policies"), which are located in the WebMD footer of each Site page and govern your interactions with the Site pages hosted by WebMD. If these Terms of Use appear on any Site page (even if the WebMD Policies also appear), then the Site page is governed by these Terms of Use. If only the WebMD Policies appear on a Site page (and not these Terms of Use), then the Site page is hosted by WebMD and the Site page is governed by the WebMD Policies. For the avoidance of doubt, the WebMD Policies only apply to the Site pages hosted by WebMD; the remainder of the Services are governed by these Terms of Use.

  1. Changes to our Terms of Use. We reserve the right to modify or amend these Terms of Use at any time. All changes to these Terms of Use will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms of Use by conspicuously posting the changes on the Site. Continued use of the Site or Services after the effective date of a modified Terms of Use will indicate your agreement to any modified terms. Each version of our Terms of Use will be prominently marked with an effective date. If any of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Site and the Services.

  2. Additional Terms. Your use of the Services and the Site are subject to any additional terms and polices, such as our Privacy Policy and any consents, of which we provide notice to you. The Privacy Policy can be found at PWN Privacy Policy. You grant PWN and our service providers the right to use your information as described in the Privacy Policy.

  3. PWN Services. Except for Consults (as defined below) if your results show that you have Chlamydia, Gonorrhea, HSV 2, or Trichomoniasis, (a) Services do not constitute treatment or diagnosis of any condition, disease or illness and (b) PWN’s physicians do not and will not prescribe or order any drugs or medication in connection with the Services. Services do not replace your existing primary care or other relationship with your physician. You are solely responsible for forwarding any Results to your primary care or other personal physician and for initiating follow up with such physician for care, diagnosis, medical treatment or to obtain an interpretation of the Results. PWN will not forward your Results to your personal physician. You should not make medical decisions without consulting with a physician. Do not disregard medical advice from your healthcare provider or delay seeking such advice based on the information on the Site or obtained as a result of your use of the Services.

  4. WebMD Account

    The Services are being provided by PWN through an arrangement with WebMD. PWN is solely responsible for the Services. You will be required to create an account with WebMD in order to use the Services, including purchasing a Test. You will be required to login to your WebMD account in order to access your Results. If the arrangement between PWN and WebMD terminates, you will be notified by PWN and you will be able to access your Results for a thirty (30) day period after such termination. If your WebMD account is terminated, you will no longer have access to your Results. Please print or download your Results prior to terminating your WebMD account. WebMD will only collect the personal information about you that you use to register for or update an existing profile with WebMD, as provided in the WebMD Policies. We may rely on the authority of anyone using your login credentials. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WebMD passwords or accounts. PWN is not responsible for your account with WebMD, including any termination of your account. WebMD will not have access to your Results. Your Results are collected, stored and maintained by PWN and its affiliates. Please consult the WebMD Policies if you have any questions regarding your WebMD account, profile or information that you submit to WebMD.


  5. Eligibility

    The Services are not intended or designed for individuals under the age of 18.  By using the Services or the Site, you confirm that you are 18 or over.

    The Services are intended for individuals located in and residing in the United States. By using the Services or the Site, you confirm that you are located in the United States when you receive the Services. If you access the Site and the Services from outside the United States, you are responsible for compliance with the laws of your jurisdiction. You are prohibited from using the Services or the Site to violate any local, state, national or international laws.

    You agree that the information you submit in connection with the Services is truthful and accurate. You agree that the Services are for your own personal use and that you will not order a Test for another person.

    You may be ineligible for a Test based on the information that you provided (eg, certain Tests may only be intended for women) or otherwise. If such determination that you are not eligible for a Test is made after you have paid for such Test, you will be notified and the total amount of fees you were charged for such Test and related services will be refunded as set forth below.


  6. Availability of Services

    The Services may not be available in certain states. You will be notified on the Site if Services are not available in the state in which you are located. Services may be modified from time to time at the sole discretion of PWN.


  7. Payment and Billing

    All prices are shown in U.S. dollars. We reserve the right to change prices as we may determine in our sole discretion at any time; however the Site will reflect current prices.

    By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use such payment method and that you authorize us or our third party payment processor to charge such payment method for the total amount of your order. We or our third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees for the order. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order. Our third party payment processor will collect your credit card information and related personal information for its use in processing your payment for the products or services that you order. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.

    The Services are paid for by you and are not intended to be reimbursed by any health plan. PWN does not submit or process insurance paperwork or claims.


  8. Cancellation, Refunds and Retest

    You may cancel your order and request a refund as set forth below by calling PWN customer support at the “Contact Us” number below. You may cancel your order for a full refund within twenty-four (24) hours after placing the order. If you cancel your order after 24 hours, we will refund your original payment amount less a $10 cancellation fee. However, no refund will be provided if you have already provided a specimen to the laboratory for the Test. Additionally, no refunds will be provided after 30 days after your purchase date.

    If PWN cancels your order as described in these Terms of Use (eg, if a physician determines that you are not eligible for a test), PWN will refund the full amount of your fee.

    Refunds will be credited to your credit card or other payment method used.

    If the laboratory is not able to test or obtain a result from your sample, you will be offered a test of an additional sample at no additional cost or a refund of the total amount of fees you were charged for such Test. For a test of an additional sample, you will be required to return to the same test center for a repeat sample collection.


  9. Test Request Review and Sample Collection

    PWN is an independent network of affiliated health care providers that provides independent physicians to review Test requests and determine whether testing is appropriate for you. If such independent physician determines that a Test is not appropriate for you, you will be issued a refund of the total amount of fees you were charged for such Test. All Services provided by physicians shall be provided through PWN Remote Care Services or its affiliated professional entities.

    You agree to provide your sample at the test center you select on the Site. The test center where you provide your sample may be a draw site that sends samples to other locations for processing. If you would like to change the test center, please contact customer service at the “Contact Us” number below.

    Your Test requisition will be valid for six (6) months from the date that you ordered the Test.


  10. Test Results

    If you have provided a sample at the test center and have not received your Results within ten days after providing the sample, please contact PWN customer support at the “Contact Us” number below.

    Results may vary depending upon a variety of factors, including age, diet and medication. False negative and false positive results are possible. Your personal physician may need to re-order a test to confirm results.

    You acknowledge that the ordering physician or the laboratory may be required by statute to report your Result (eg a positive STD test) to the local health department.

    You may access your Results through your WebMD account for one (1) year from receipt of Results, unless your WebMD account is terminated, the arrangement between WebMD and PWN is terminated or you are otherwise notified by PWN. If the arrangement between WebMD and PWN is terminated, you will be notified by PWN and you will be able to access your Results for a thirty (30) day period after such termination. You have a right to your records in accordance with applicable law. If you are not able to access your Result, you can call customer service at the “Contact Us” number below.


  11. Consults

    As part of the Services, you are eligible to receive one post-test telehealth consultation with a PWN affiliated board certified, licensed physician (a “Consult”) at no additional cost. After you have received your Results, you may arrange a Consult through the PWN care team, either through a call you may receive from the PWN care team regarding your Results or by contacting the PWN care team at the “Contact Us” number below. You will be asked by the PWN care team to complete a brief intake survey to collect necessary health information prior to your Consult, including the state in which you will be located at the time of the Consult. If you have arranged for a Consult, a physician will make up to three (3) attempts to reach you at the contact number you provided. If the physician does not reach you after three (3) attempts, you can contact the PWN care team at the “Contact Us” number below to arrange for additional outreach by the physician. At this time, PWN does not schedule Consults at designated times. During the Consult, you may speak with the physician by phone or video, depending on your state’s regulations.

    If your Results show that you have Chlamydia, Gonorrhea, HSV 2, or Trichomoniasis, if you elect to have a Consult. the physician may be able to prescribe medication for your condition. The physician will speak with you to assess your eligibility for treatment and, if appropriate, based on the Consult and your health information, send a prescription to the pharmacy of your choice. The scope of services will be at the sole discretion of the physician, with no guarantee of diagnosis, treatment, or prescription.

    Even if you don’t have one of the above conditions, during your Consult, you can discuss your test results, get educational information about how to protect yourself and your partner, and talk about plans for managing your health. However, no diagnosis, treatment or prescriptions will be provided other than for the conditions listed above. You will need to follow up with your personal physician for diagnosis, treatment or prescriptions for any other conditions.

    PWN may contact you after your Consult via email with a survey which may include questions regarding customer satisfaction and resolution of symptoms and may follow up with you via phone or other communication based on your responses to the survey.


  12. Links to Other Websites.

    The Site may contain links to third party websites. PWN is not responsible for the content of such third party websites, including sites framed within the Site. If you elect to use such third party websites, your use is at your own risk and is subject to the terms and conditions of use for such sites.

  13. Prohibited Uses.

    You may not use the Site except as expressly permitted in these Terms. You will not:


    • Use the Services or Site for any unlawful purpose;
    • Use the Site in any manner that could disable, damage or overburden the Site or interfere with other users’ use of the Site;
    • Introduce any viruses, Trojan horses, worms, malware, time bombs or other material that is malicious, harmful or may damage the Site
    • Disrupt, interfere with, or attempt to gain unauthorized access to any part of the Site, including any data on the Site or connected server or database
    • Circumvent, bypass or breach any security device, protection or technological measure implemented by PWN or our service providers to protect the Site
    • Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user or impersonate any other user, person or entity
    • Remove, delete, alter or obscure any trademarks, specifications, warranties or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Site or any content made available to you through the Site

  14. Limitation of Liability

    IN NO EVENT WILL PWN OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF SITE OR THE SERVICES, EVEN IF PWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE TOTAL LIABILITY OF PWN AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED U.S. ONE HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.


  15. Disclaimers

    THE SITE AND THE CONTENT ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  PWN AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN.

    YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR OWN RISK. PWN AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH THE SITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, (III) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR (IV) THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE SITE.  IN NO EVENT SHALL PWN BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE SERVICES, SITE OR ANY RELATED CONTENT IF SUCH USE VIOLATES THESE TERMS.

    PWN DOES NOT PROVIDE MEDICAL SERVICES AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES


  16. Indemnification You agree to defend, indemnify and hold harmless PWN, and its subsidiaries, affiliates and respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your violation of these Terms of Use or other policies or any applicable law or regulation or (ii) your use of the Services or Site in an unauthorized manner.

  17. Proprietary Rights The Site and the content made available to you on or through the Site, including, without limitation, all content, text, graphics, icons and images, and all intellectual property rights therein and any suggestions, ideas or other feedback provide by you are the sole and exclusive property of PWN or our service or content providers and are protected by U.S. and foreign intellectual property laws. The Site and related content contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. The compilation of all of the content on the Site is also the exclusive property of PWN and is protected by U.S. and foreign intellectual property laws. Except as expressly authorized by PWN, you may not use, sell, modify, reproduce, redistribute, create derivative works, or otherwise exploit information provided to you through the Site, in whole or in part. PWN grants you a limited, non-exclusive right to access and use the Site for personal, non-commercial purposes. Any use of the Site other than specifically authorized herein is strictly prohibited. Certain names, logos, brand or other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Trademarks”) of PWN, its affiliates or partners. You may not use such Trademarks without the prior written permission of PWN or its affiliates or partners, as applicable.

  18. Termination; Modifications. PWN may terminate these Terms of Use at any time in its sole discretion. PWN may terminate, suspend or modify the Services at any time in its sole discretion with or without notice to you. Permission to use the Site and the Services may be terminated by PWN at any time in its sole discretion. PWN shall not be liable if for any reason all or any part of the Site is unavailable.

  19. General

    These Terms of Use, the PWN Privacy Policy, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWN with respect to the use of the Services. These Terms of Use and your use of the Services are governed by the laws of the State of Delaware, without respect to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with PWN, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute. If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Upon termination of these Terms of Use, any provision that by its nature or express terms should survive, will survive such termination. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of these provisions shall be null and void PWN may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and insure to the benefit of the parties, their successors and permitted assigns.


  20. DMCA Notification

    PWN reserves the right to remove any content or any other material or information available on or through the Site, at any time, for any reason. PWN otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section 20 describes the procedure that should be followed to file a notification of alleged copyright infringement with PWN.

    Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through the Site, you may submit a notification to our Designated Agent at the following address:

    General Counsel
    PWNHealth
    123 W 18th Street
    New York, NY 10011
    (855) 999-3358
    help@labs.webmd.com

    Any notification to PWN under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
    • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • An identification of the content or material that you claim is infringing and where it is located on the Site;
    • Information sufficient for PWN to contact you, such as your address, telephone number and/or email address;
    • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent or the law; and
    • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

  21. Contact Us

    If you have questions regarding the above, you may contact us at help@labs.webmd.com or (855) 999-3358 with any questions or concerns regarding the above.


Last updated: July 18, 2018