TERMS OF SALE
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By scheduling an appointment through our website, or hot line for covid testing you acknowledge that you agree to these terms in their entirety (the “Agreement”).
BACKGROUND ON OUR SERVICES:
ADVANCED Test Collection Services is pleased to facilitate COVID-19 collection of test specimen. We charge for providing administrative & booking fee services.
CONSENT TO COVID-19 TESTING:
You hereby acknowledge that you are voluntarily undergoing COVID-19 testing and providing to ADVANCED Test Collection Services specimen to be send to partners laboratories.
RISK OF INACCURACY:
As with any medical test, there is a risk that your COVID-19 test will result in a false positive or false negative result. Moreover, a positive or negative test result does not mean you will not experience any additional possible adverse health conditions or outcomes.
RISK OF DELAY:
Because the timing of your test results may be affected by factors outside our control, we cannot make any guarantee with respect to the turnaround time of your test results. Delays may arise for a variety of reasons including, but not limited to, administrative errors, inconclusive results, typographical errors, email deliverability, and so forth. By scheduling an appointment through our website, you acknowledge and agree that ADVANCED Test Collection Services will not be liable to you for any damages arising from any delay of your test results. (A detailed description of our limitation of liability is below.
RISK OF DISCLOSURE:
The U.S. Centers for Disease Control and Prevention and local health authorities require our approved laboratory to report test results, whether positive or negative, to local public health authorities. In addition to the test results, our approved laboratory may report certain personal information, not limited to, your age, sex, ethnicity, and zip code. You acknowledge and agree that any disclosure made by our approved laboratory is not a disclosure made by Advanced Surgical Institute, and that you will hold harmless ADVANCED Test Collection Services from any liability arising from such a disclosure. The handling and privacy of the information you provide to our approved laboratory is strictly governed by any agreement you separately enter into with the laboratory.
NON-EMERGENCY, COVID-19 TESTING ONLY:
Please note that neither ADVANCED Test Collection Services nor our partners laboratory takes any responsibility for your health or care. Our services and those of our approved laboratory (to the extent they relate to these Terms Of Sale) are limited to non-emergency, COVID-19 testing. Should your healthcare needs extend beyond collecting COVID-19 testing, you need to seek and consult other sources of care. This includes any health issues you may experience before, during, or as a result of COVID-19 testing. Should you encounter any health emergency, whether related to COVID-19 testing or otherwise, we recommend you dial 911 or go to a hospital emergency department.
RIGHT TO DECLINE SERVICE:
You acknowledge and agree that our approved laboratory reserves the right to not provide services if, in their judgment, you are not a good candidate for COVID-19 testing. Should you be denied service by our approved laboratory at no fault of your own, you will be entitled to a full refund from Advanced Surgical Institute.
LIMITATION OF LIABILITY:
In no event will ADVANCED Test Collection Services be liable for any 'even if ADVANCED Test Collection Services has been advised of the possibility of such damages. YOU AGREE THAT ADVANCED Test Collection Services LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID TO ADVANCED Test Collection Services FOR THE SERVICES ADVANCED Test Collection Services PROVIDED THROUGH THIS WEBSITE. If you live in a state that does not allow the limitation of certain damages covered under this Paragraph, this provision shall apply to the fullest extent permitted by law, it being the intent and agreement of the parties to limit the liability of ADVANCED Test Collection Services as much as possible.
You agree to indemnify, defend, and hold ADVANCED Test Collection Services and its agents, employees, and licensors harmless from and against every third-party claim and expense, including reasonable attorneys’ fees, related in any way to your COVID-19 collection testing, your use of our website, or your violation of these Terms Of Sale.
These terms and any dispute involving ADVANCED Test Collection Services our partners laboratory, and you will be governed by the laws of the state of California, without regard to conflicts of law.
DISPUTE RESOLUTION & BINDING ARBITRATION:
YOU AND ADVANCED TEST COLLECTION SERVICESAGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND ADVANCED TEST COLLECTION SERVICES WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
1. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Advanced Surgical Institute, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party (including, but not limited to, our approved laboratory) providing services to you in connection with your COVID-19 test that relates in any way to your purchase of services through our website, these Terms Of Sale, or our marketing or advertising (“Claims”).
2. Arbitration shall be administered by The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at and www.adr.org. The place of arbitration shall be Los, Angeles, California. You and ADVANCED Test Collection Services agree in any arbitration, each pay one-half of the arbitration/arbitrator fees.
3. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
4. You and ADVANCED Test Collection Services agree to arbitration only on an individual basis. Neither you nor ADVANCED Test Collection Serviceamay join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This Paragraph controls over any inconsistent term in any other agreement.
5. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. § 1-16.
Email to us: firstname.lastname@example.org Mailing address: Advanced Test Collection Service, Inc. 3213 De Witt Dr # G Los Angeles, CA 90068