Terms & Conditions for Services

1. Definitions "IDENTIGENE" means IDENTIGENE®, LLC.

"Services" means the provision of laboratory analysis from biological specimens the Participant provides to IDENTIGENE.

"Client" means any person(s), firm, or company that purchases Services from IDENTIGENE.

“Participant” means any person who submits biological specimens to IDENTIGENE for Services and/or a legal guardian.

2. Provision of Services

2.1 Services do not constitute medical advice or diagnosis. No decisions to initiate or withhold treatment should be made on the basis of the results. IDENTIGENE makes no representation, express or implied, that the Services are useful for any purpose other than for informational purposes. The Participant’s personal physician may choose not to accept the results.

2.2 IDENTIGENE uses a nucleic acid test method for chlamydia and gonorrhea. Notwithstanding the high accuracy of the test method, on rare occasions a false positive or false negative result can occur. For more information regarding the capabilities and limitations of Services, please call 1-888-988-4STD (1-888-988-4783) or visit IDENTIGENE.com.

2.3 IDENTIGENE cannot guarantee that the specimens provided by the Participant shall be suitable for analysis or that analysis of the specimens shall provide an accurate result. Biological specimens submitted to IDENTIGENE will not be returned.

2.4 The signature of a legal guardian is required for Participants under the legal age allowable by State law to consent for Services. Participants should contact their local or State Health Department to verify minimum age requirements. (Find a list of Health Departments at IDENTIGENE.com.)

2.5 As required by State law, a physician of record will review the order information, authorize the Services, review and release results to the Participant. Services provided by IDENTIGENE are solely for the use of the Participant, and may not be accepted by the Participant’s personal physician.

2.6 IDENTIGENE reserves the right to use any third party of its choice to perform its obligations for the Services purchased by Client.

3. Payment

3.1 Payment in full is required before Services can be provided. Payments can be made with a valid banking credit/debit card, cashier’s check or money order. Personal checks will NOT be accepted. Personal checks received by IDENTIGENE will be immediately destroyed, and Services will be on hold for not more than 30 days or until payment in full has been received.

4. Privacy Policy

4.1 Access to order information and results requires a login and password. The Participant shall maintain the confidentiality of their login and password; furthermore, the Participant agrees that Identigene will not be liable for access to order information and results if the appropriate login and password is used.

4.2 Passwords are typically chosen at the time of ordering Services. A Participant can obtain a password at any time by contacting IDENTIGENE and providing (1) a written request for a password and (2) proof of identification.

4.3 Results will be kept confidential, except as may be required by State law for the laboratory to report positive results to the Participant’s local or State Health Department.

4.4 IDENTIGENE complies with the Health Insurance Portability & Accountability Act of 1996 (HIPAA) as amended by the HITECH Act of 2009. IDENTIGENE also recognizes their responsibility to protect individually identifiable information under the regulations implementing HIPAA, other federal & state laws. Customer privacy & confidentiality must be ensured.

4.5 Complete privacy practices can be found online at IDENTIGENE.com.

5. Warranties and Indemnity

5.1 The Participant warrants that he/she is legally entitled to provide the biological specimen necessary for IDENTIGENE to perform the Services purchased by the Client.

5.2 The Client/Participant shall indemnify and hold IDENTIGENE and its affiliates, distributors, contractors, and suppliers harmless from and against all costs, claims, demands, expenses and liabilities of whatsoever nature arising from the Services provided by IDENTIGENE.

6. Disclaimers and Liabilities

6.1 IDENTIGENE makes no warranties, expressed or implied, to Client/Participant: (a) that the Services provided by IDENTIGENE shall meet the expectations of the Client/Participant; or (b) that Services shall be free from defects or free from errors.

6.2 Related to the Services provided by IDENTIGENE hereunder, in no event shall IDENTIGENE or its affiliates, distributors, contractors, and suppliers be liable to any other person for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever.

6.3. In the event the Services rendered by IDENTIGENE fail to conform to the Terms & Conditions of the order, the Client/Participant agrees that any and all liability of IDENTIGENE shall be limited to either re-performing the Services at no cost to the Client/Participant, or refunding the amount received by Identigene for such Services.

7. Third Parties
A person who is not the Client/Participant of IDENTIGENE has no right to enforce any of these Terms and Conditions.

8. Governing Law
The construction, validity, and performance of these Terms and Conditions shall be governed in all respects by the State of Utah, USA law. The Client/Participant agrees to be subject to the exclusive jurisdiction of the State of Utah, USA courts.

9. Refund Policy
Refunds may be considered at the sole discretion of IDENTIGENE, and may be subject to administrative and handling fees.

9.1 Partial Refund (*):

a. written or verbal request before Services have been initiated.

9.2 No Refund:

a. Services have been initiated or completed (even if the specimen(s) was/were not suitable or if the result was inconclusive)

LIT-4061-B © 2010 IDENTIGENE, LLC