Terms & Policies

Written on March 17, 2019

Terms

Thanks for using our products and services ("Services"). The Services are provided by WellCo Health LLC DBA GoGetTested.com ("GoGetTested.com"), located at 400 Concar Drive, San Mateo, CA 94402, United States.

By using our Services, you are agreeing to these Terms of Service. Please read them carefully.

Our Services are diverse and include various software, as well as access to certain features, functions, or content. Sometimes, additional terms or product requirements (including age requirements) may apply. Additional terms will be provided with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

USING OUR SERVICES

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Some of our Services allow you to upload, submit, store, send or receive information. When you upload, submit, store, send or receive information to or through our Services, GoGetTested.com will own such information to the extent permitted by law and contract, and may use it and its derivatives for GoGetTested.com's own purposes. Make sure you have the necessary permission to grant us rights consistent with these terms for any content that you submit to or through our Services. You give GoGetTested.com and those we work with a worldwide license to freely use, host, store, reproduce, modify, create derivative products or services, or communicate the information provided to or through the Services and any derivatives of such information; this license continues even if you stop using our Services. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted to or through those Services. If you are accessing our Services through an authorized commercial partner of GoGetTested.com, different or additional terms may apply.

Our Services may display some content that was not created by GoGetTested.com. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Acceptable Use Policy Use of the Services is subject to our Acceptable Use Policy below. By using the Services, you agree not to, and not to allow third parties to use the Services:

  • to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing end users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
  • to engage in, promote or encourage illegal activity;
  • for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
  • to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;
  • to disable, interfere with or circumvent any aspect of the Services;
  • to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations ("spam"); or
  • to use the Services, or any interfaces provided with the Services, to access any other GoGetTested.com or Google product or service in a manner that violates the applicable terms of service of such other product or service.

Use of a Google Account

You may need a Google Account in order to use some of our Services. Use of a Google Account is subject to the Terms of Use imposed by Google in connection therewith. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.

Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Please direct any inquiry regarding alleged copyright infringement to support@gogettested.com

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

GoGetTested.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GoGetTested.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GoGetTested.com , in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of or content secured by that software, unless laws prohibit those restrictions or you have our written permission. You may not falsify data, without GoGetTested.com's consent, when using our Services. You may not scrape (e.g., using third-party software to collect human-readable outputs of the Services) or attempt to scrape content and data secured by the Services, such as by deceiving the software implementing our Services. You may not utilize the Services in a way that disrupts the reasonable enjoyment of our Services by other users.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities, content or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we'll be sorry to see you go. GoGetTested.com may also stop providing Services to you, or add or create new limits to our Services at any time.

No HIPAA Obligations

Unless otherwise specified in writing by GoGetTested.com, whether directly to you or through an authorized commercial partner of GoGetTested.com, we do not intend use of the Services to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and we make no representations that the Services satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the Services for any purpose or in any manner involving transmission of protected health information to GoGetTested.com through the services unless you have notified GoGetTested.com of your status as a "covered entity" or "business associate" and received prior written consent to such use from GoGetTested.com. If you are accessing our Services through an authorized commercial partner of GoGetTested.com, different or additional terms may apply.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOGETTESTED.COM NOR ITS SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, GOGETTESTED.COM, AND GOGETTESTED.COM'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOGETTESTED.COM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, GOGETTESTED.COM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify GoGetTested.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

Residents of the United States

Currently, the Services, GoGetTested.com website, and Provider Portals are only intended for use by residents of the United States. By using the Services, website, Portal and App, you confirm that you are a resident of the United States.

Services are Not Medical Advice

The content that we may provide through the GoGetTested.com website, and GoGetTested.com Provider Web Portal is not intended to replace consultation with a licensed healthcare professional for the diagnosis, cure, mitigation, treatment or prevention of disease, injury or other conditions. You should not rely upon any content we provide through these services in any of your own healthcare or medical decision-making.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in or with the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between GoGetTested.com and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and GoGetTested.com consent to personal jurisdiction in those courts.

For information about how to contact GoGetTested.com, please visit www.GoGetTested.com.com.

Terms of Service Last Updated: May 22, 2020

Policy

GoGetTested.com values and is committed to protecting the privacy and security of your information gathered in connection with the Study. This Privacy Policy only applies to information that we may collect through our website and portal at www.gogettested.com (the "Site") or the related smartphone applications.

1. ACCEPTANCE OF PRIVACY POLICY.

Please read this Privacy Policy carefully. We want you to understand what data we collect from you when you visit the Site or otherwise use the Tools, how we use such data, and whether and with whom we share such data. Using the Tools is voluntary, and by accessing or using the Tools, you: (i) acknowledge that you have read and understood this Privacy Policy; (ii) agree that your access to and use of the Tools are subject to the Privacy Policy and related Terms of Use [www.gogettested.com/terms]; and (iii) consent to our collection and use of your data as described in this Privacy Policy.

2. INFORMATION COLLECTED FROM YOU.

When you use the Tools, several types of data may be collected from you, including: (1) Non-Personal Information; and (2) Personally Identifiable Information. Certain types of data are specifically NOT collected, including financial account information and personal information from children.

2.1. Non-Personal Information. We may automatically collect certain data regarding use of or access to the Tools, such as:

  • The type of device you use to access the Tools;
  • The date and time you access the Tools;
  • The type of web browser you use to access the Site; and
  • The sections within the Tools that you access.
  • We may also collect the IP address, user language, the operating system, the presence/absence of "flash" plug-ins, screen resolution, and connection type that you use to access the Tools.
  • This information (collectively, "Non-Personal Information") does not, by itself, personally identify users. We use this Non-Personal Information to monitor the effectiveness of the Tools, to help personalize your online experience and to consider potential improvements to the Tools. Non-Personal Information may be collected through cookies. For more detailed information on cookies, please refer to the "Use of Cookies" section below.

2.2. Personally Identifiable Information. You are able to view and download content displayed on the portion of the Site that is accessible to the general public without disclosing any information that, either alone or in combination with other information, can be used to uniquely identify, contact or locate you (collectively, "Personally Identifiable Information," or "PII"). However, certain restricted portions of the Site, and access to the App in its entirety, require disclosure of certain PII, as further described below. By providing such information, you consent to our collection and use of it, as described in this Privacy Policy.

3. USE AND DISCLOSURE OF INFORMATION COLLECTED.

The use and disclosure of certain information varies with respect to the type of information collected, including: (1) Non-Personal Information; and (2) Personally Identifiable Information.

  • 3.1. Use of Non-Personal Information. We use the Non-Personal Information collected through the Tools for statistical and research purposes and for improving the functionality of the Tools. This information may also be used for administrative purposes including, without limitation, to troubleshoot and resolve problems with the Tools. We may rely on third-party partners to collect and analyze the Non-Personal Information.
  • 3.2. Use of Personally Identifiable Information. As described above, the PII collected may be used for a variety of purposes, including responding to your requests for information, commercial product research and development, study eligibility screening, creation of your GoGetTested.com/Wellpay Profile and engagement with enrolled patients throughout the Study period. Your PII may be used to create a de-identified data set. We may share your PII with business partners or service providers we use to perform the various activities contemplated in the Study.
  • 3.3 Additional Disclosures. Though we make every effort to preserve your privacy, disclosure of PII to third parties may occur in certain situations such as: (i) responding to a subpoena, court order or other such request; and (ii) responding to a law enforcement agency's request or as otherwise required by law. In all such instances, we will take the utmost care to disclose only that information which is necessary and appropriate under the circumstances.

4. USE OF COOKIES.

Cookies are small bits of data cached or stored on your computer or smartphone based on Internet activity. We may use cookies to monitor individual activity in aggregate to improve the Tools and provide features that are tailored to your needs. Most web browsers automatically accept cookies, but you can usually change your browser settings to prevent this. If you disable cookies, your ability to use some features of the Tools may be limited. We also use session cookies when you visit the Site or otherwise use the Tools. Session cookies are active only during the period you are logged into the Tools, and are removed when you leave.

5. LINKED SITES.

In addition to the third-party entities referenced above, we may provide links to other third-party websites through the Tools solely as a convenience to you. However, such linking does not mean, and should not be interpreted to mean, that GoGetTested.com endorses, is affiliated with or makes any representations concerning such third-party websites. GoGetTested.com neither reviews, nor controls, nor is responsible for these third-party sites or any content therein. By using such links, you will leave the Tools. If you decide to access any of the third-party sites linked to the Tools, you do so entirely at your own risk. GoGetTested.com shall not be liable for any consequences arising from use of any third-party websites to which the Tools link.

6. SECURITY.

We strive to maintain the security of your information by using appropriate measures designed to protect our systems. However, we cannot guarantee the security of any information that is disclosed online. Consequently, we do not insure or warrant the security of any information you transmit, and you do so at your own risk.

7. CHILDREN AND PARENTS.

Use of the Tools is not offered to children. If you are under 13, you may not use the Tools. We do not intend to collect personal information from children. If your child has submitted personal information, please contact us to request that such information be removed. Once we are aware of information entered by a child, we will exercise commercially reasonable efforts to remove such information from our databases and storage areas; however, we are not liable for any consequences relating to such information.

8. MODIFICATIONS TO THE PRIVACY POLICY.

It may be necessary for us to modify this Privacy Policy. We will notify all users by posting an amended version of the Privacy Policy on the Site and accessible within the App. Such modifications will become effective on the day they are posted. We encourage you to frequently review the Privacy Policy for any modifications.

9. QUESTIONS.

If you have any questions or concerns about this policy or the use of your information, please contact contact@gogettested.com.

Effective Date: May 1st, 2019