PWNHealth

Terms of Service

Effective Date: November 11, 2020

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

These Terms of Use (“Terms of Use” or “Terms”) govern your use of the services provided by PWNHealth Remote Care Services, PW Medical Professional, certain contractually affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, “PWNHealth”, “we” or “us”) relating to ordering a Cologuard laboratory test (“Test”), including, without limitation, test request evaluation services, ordering of a Test (if appropriate), receipt of Test results (“Results”), telehealth consultations with PWNHealth affiliated healthcare providers (“Consults”), any customer support or counseling and any other related services provided by PWNHealth or its service providers and partners (the “PWNHealth Services”) and website (“Site”). PWNHealth is not responsible for the test kit, laboratory testing or other services provided by Exact Sciences. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR SITE.

By using the PWNHealth 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 PWNHealth Services, you may interact with certain Site pages that are hosted by Exact Sciences Laboratories, LLC (“Exact Sciences”) or by PWNHealth. Exact Sciences’ privacy policy and terms and conditions of use (the “Exact Sciences Policies”), which are located in the Exact Sciences footer of each Site page and govern your interactions with the Site pages hosted by Exact Sciences. If these Terms of Use appear on any Site page, then the Site page is governed by these Terms of Use. If only the Exact Sciences Policies appear on a Site page (and not these Terms of Use), then the Site page is hosted by Exact Sciences and the Site page is governed by the Exact Sciences Policies. For the avoidance of doubt, the Exact Sciences Policies only apply to the Site pages hosted by Exact Sciences; the remainder of the PWNHealth Services are governed by these Terms of Use. The Exact Sciences Policies also apply to their laboratory testing services.

  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 PWNHealth 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 PWNHealth Services.

  2. Additional Terms.

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

  3. PWNHealth Services.

    The PWNHealth Services do not constitute treatment or diagnosis of any condition, disease or illness and PWNHealth healthcare providers do not and will not prescribe or order any drugs or medication in connection with the PWNHealth Services. The PWNHealth Services do not replace your existing primary care or other relationship with your healthcare provider. You are solely responsible for forwarding any Results to your primary care or other personal healthcare provider and for initiating follow up with such healthcare provider for care, diagnosis, medical treatment or to obtain an interpretation of the Results. PWNHealth will not forward your Results to your personal healthcare provider. You should not make medical decisions without consulting with a healthcare provider. 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 PWNHealth Services.

  4. Account.

    PWNHealth is solely responsible for the PWNHealth Services. You will be required to create an account in order to use the PWNHealth Services, including purchasing a Test. You will be required to login to your account in order to access your Results. If the arrangement between PWNHealth and Exact Sciences terminates, you will be notified by PWNHealth and you will be able to access your Results for a thirty (30) day period after such termination. If your account is terminated, you will no longer have access to your Results. Please print or download your Results prior to terminating your account. Exact Sciences may collect and use the personal information about you, as provided in the Exact Sciences 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 passwords or accounts. Please consult the Exact Sciences Policies if you have any questions regarding your Exact Sciences accounts, profile or information that you submit to Exact Sciences.

  5. Eligibility.

    By using the Site, you confirm that you are 18 or over.

    The PWNHealth Services are not intended or designed for individuals under the age of 18. By using the PWNHealth Services or the Site, you confirm that you reside in and are located in the United States.

    The PWNHealth Services are intended for individuals located in and residing in the United States. By using the PWNHealth 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 PWNHealth Services or the Site to violate any local, state, national or international laws.

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

    You will be notified if you are NOT eligible for a Test based on the information that you provided or otherwise.

  6. Availability of Services.

    You will be notified on the Site if PWNHealth Services are not available in the state (or territory) in which you are located. PWNHealth Services may be modified from time to time at the sole discretion of PWNHealth. Due to Medicare regulations, you may also be contacted by Exact Sciences for more information in order to complete the order.

  7. Payment and Billing; Insurance & Self-Pay.

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

    If you elect the self-pay option on the Site, both the cost of the Test and the fee for the PWNHealth Services will be collected at the time you place the order. If you elect the insurance reimbursement option, you will be asked to provide your insurance information for insurance eligibility verification. If you are eligible for reimbursement from a commercial payer, Medicare, or Medicare Advantage, only the fee for the PWNHealth Services will be collected at the time you place your order and Exact Sciences will submit the Test (not PWNHealth Services) for reimbursement by commercial payers, Medicare, or Medicare Advantage. Notwithstanding the forgoing, the PWNHealth Services and Tests ordered in connection there with are not intended to be reimbursed by Medicaid and Tricare plans. If you are a government payer beneficiary of one of these programs, you may order the Test through your personal healthcare provider or on the Exact Sciences website with a requisition from your personal healthcare provider. PWNHealth is not responsible for any insurance reimbursement. Please contact Exact Sciences with any questions regarding insurance reimbursement of the Test.

  8. Cancellation and Refunds.

    You may cancel your order in accordance with the Exact Sciences refund policies by contacting Exact Sciences. No refunds are available for the PWNHealth Services.

    Please contact Exact Sciences with any questions regarding their refund policies.

  9. Test Request Evaluation and Sample Collection.

    PWNHealth is an independent network of affiliated health care providers that provides independent healthcare providers to evaluate Test requests and determine whether testing is appropriate for you. If such independent healthcare provider determines that a Test is not appropriate for you, you will be notified and issued a refund of the total amount of fees you were charged for such Test and any specimen you have provided will not be processed. Fees for PWNHealth Services will not be refunded. All PWNHealth Services provided by healthcare providers shall be provided through PWNHealth Remote Care Services or its affiliated professional entities.

    You will receive a collection kit from Exact Sciences and you agree to provide your sample in accordance with the instructions provided by Exact Sciences.

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

  10. Test Results.

    If my Results are abnormal PWNHealth's Care Coordination Team will attempt to call me at the number I have provided to discuss the Results, provide educational information, and discuss plans for managing my health moving forward, including to advise me to reach out to a healthcare provider, such as my primary care or personal healthcare provider, to obtain an interpretation of the Results and for care, diagnosis, and medical treatment. If I do not answer the phone, PWNHealth’s Care Coordination Team may leave me a voicemail but will not include my test Results in any voicemail message.

    Results may vary depending upon a variety of factors and false negative or false positive results are possible.

    You may access your Results through your account for one (1) year from receipt of Results, unless your account is terminated, the arrangement between Exact Sciences and PWNHealth is terminated or you are otherwise notified by PWNHealth. If the arrangement between Exact Sciences and PWNHealth is terminated, you will be notified by PWNHealth 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 PWNHealth Services, you may be required to complete a telehealth consultation with a PWNHealth affiliated board certified, licensed healthcare provider (a “Consult”) pre-Test to determine if the Test is appropriate for you. You may also request a pre-test Consult contacting the PWNHealth Care Coordination Team at the “Contact Us” number below.

    You may also elect to receive a post-Test Consult. After you have received your Results, you may arrange a Consult through the PWNHealth Care Coordination Team, either through a call you may receive from the PWNHealth Care Coordination Team regarding your Results or by contacting the PWNHealth Care Coordination Team at the “Contact Us” number below. The pre-test and post-test Consults are included in the fee for PWNHealth services and are provided at no additional cost.

    Prior to a Consult, you may be asked by the PWNHealth Care Coordination 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 healthcare provider will make up to three (3) attempts to reach you at the contact number you provided. If the healthcare provider does not reach you after three (3) attempts, you can contact the PWNHealth Care Coordination Team at the “Contact Us” number below to arrange for additional outreach by the healthcare provider. At this time, PWNHealth does not schedule Consults at designated times. During the Consult, you may speak with the healthcare provider by phone or video, depending on your state’s regulations.

    During your Consult, you can discuss your Results, get educational information, ask questions and talk about plans for managing your health. However, no diagnosis, treatment or prescriptions will be provided. You will need to follow up with your personal healthcare provider for diagnosis, treatment or prescriptions.

    PWNHealth may contact you after your Consult via email with a survey which may include questions regarding customer satisfaction and follow up care and may contact 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. PWNHealth 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 PWNHealth 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 PWNHealth 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 PWNHEATH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, healthcare providerS, 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 PWNHEALTH SERVICES, EVEN IF PWNHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE TOTAL LIABILITY OF PWNHEALTH AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, healthcare providerS, 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 PWNHEALTH 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. PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, healthcare providerS, 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 PWNHEALTH SERVICES AND THE SITE IS AT YOUR OWN RISK. PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, healthcare providerS, 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 PWNHEALTH BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE PWNHEALTH SERVICES, SITE OR ANY RELATED CONTENT IF SUCH USE VIOLATES THESE TERMS.

  16. Indemnification.

    You agree to defend, indemnify and hold harmless PWNHealth, and its subsidiaries, affiliates and respective officers, directors, employees, agents, partners, licensors, healthcare providers, 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 PWNHealth 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 PWNHealth 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 PWNHealth and is protected by U.S. and foreign intellectual property laws. Except as expressly authorized by PWNHealth, 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. PWNHealth 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 PWNHealth, its affiliates or partners. You may not use such Trademarks without the prior written permission of PWNHealth or its affiliates or partners, as applicable.

  18. Termination; Modifications.

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

  19. General.

    These Terms of Use, the PWNHealth Privacy Policy, PWNHealth Notice of Privacy Practices, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWNHealth with respect to the use of the PWNHealth Services. These Terms of Use and your use of the PWNHealth 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, Health 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 PWNHealth 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.

    PWNHealth 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. PWNHealth 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 PWNHealth.

    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

    Any notification to PWNHealth 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 PWNHealth 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. For Texas Residents.

    NOTICE CONCERNING COMPLAINTS Complaints about healthcare providers, as well as other licensees and registrants of the Texas Medical Board, including healthcare provider assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.

    AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

  22. Contact Us.

    If you have questions regarding the above, you may contact us at +1 (718) 210-9716 or help@cologuard.pwnhealth.com with any questions or concerns regarding the above.