PWNHealth Consent

BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS INFORMED CONSENT.  IF YOU DO NOT CLICK “I ACCEPT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.

For U.S. Residents Only

I agree to receive the services provided by PWNHealth, LLC (the administrative services provider of the professional entities), PWN Remote Care Services, PW Medical Professional and certain other affiliated professional entities (collectively, “PWNHealth”, “we” or “us”) relating to oversight of laboratory testing (“Test” or “Tests”), including, without limitation, clinical review of Test requests, receipt of Test results (“Results”), genetic counselor outreach, any customer support or counseling and any other related services provided by PWN or its service providers and partners (the “PWN Services”). All clinical services, including PWN Services provided by physicians, will be provided through PWN Remote Care Services, PW Medical Professional or their affiliated professional entities.

I agree to the following:

  • I confirm that I am at least 18 years old and that I am providing the sample for the Test.
  • I understand that providing correct information is important.   The information I have provided in connection with Test and the PWN Services is correct to the best of my knowledge.   I will not hold PWNHealth or its healthcare providers responsible for any errors or omissions that I may have made in providing such information. 
  • I certify that I am a U.S resident and physically present in the state of residence that I provided or other state of which I have notified PWNHealth.  
  • I have a right to talk to a healthcare provider about the test and/or my results.  Genetic counseling is available to help understand what the results mean for me and my family members.
  • I understand that the information I have submitted will be reviewed by healthcare providers affiliated with PWNHealth.
  • I understand that before my request for the Test is approved, the PWNHealth clinical team, including a physician will evaluate my personal and family history information to determine if the Test is appropriate.
  • I am responsible for forwarding any results to my primary care or other personal physician and for initiating follow-up with such physician for care, diagnosis, or medical treatment.
  • I will not make medical decisions without consulting a healthcare provider or disregard medical advice from my healthcare provider or delay seeking such advice based on information as a result of the use of PWN Services.
  • I understand that testing is voluntary and that I may withdraw my consent to the PWN Services by contacting PWN's Genetics Team by calling (888) 494-7333. 
  • I have had the opportunity to ask questions regarding the Test(s) and seek genetic counseling.          
  • All my questions were answered to my satisfaction and I understand the purpose of the Test(s). 
  • I have been provided with sufficient information regarding the Test.  I have had the opportunity to discuss with a provider and I understand the reliability of a positive or negative result from the Test and the level of certainty of a positive result as a predictor of the disease or condition being tested for.        

I understand that if I have any questions before or after my Test, I can contact PWN's Genetics Team by calling (888) 494-7333.

I understand that PWN Services are delivered by health care providers who are not in the same physical location as I am using electronic communications, information technology or other means, including the electronic transmission of personal health information. I also understand that:

  • A PWN physician will determine whether or not Test(s) and PWN Services are appropriate for me.
  • I have the right to withdraw my consent to the use of telehealth services by contacting the PWN's Genetics Team by calling (888) 494-7333.
  • My health and wellness information pertaining to the PWN Services are governed by the PWNHealth Terms of Use and PWNHealth Notice of Privacy Practices
  • I may need to see a health care provider in-person for diagnosis, treatment and care.
  • There are potential risks associated with the use of technology, including disruptions, loss of data and technical difficulties.
  • There are alternative services, such as visiting a primary care provider; however, I choose to proceed with the PWN Services at this time.

I authorize PWN to use the email address and phone number I provided in connection with my registration for the Test(s) (or that I updated by contacting PWN's Care Coordination Team as described below) to contact me in connection with the PWN Services, including, without limitation, initial outreach and post-test genetic counseling. I am responsible for contacting PWN's Genetics Team by calling (888) 494-7333 to notify them of any changes to my mailing address, email address, phone number or other information that I provided in connection with the PWN Services. 

I have read this Consent carefully.  I hereby consent to participate in the PWN Services pursuant to the terms, conditions, standards, and requirements set forth herein, in the PWNHealth Terms of Use and PWNHealth Notice of Privacy Practices or as otherwise provided to me.

Data Authorization

I specifically authorize the transfer and release of my information, including my lab test results and other health information, submitted by me or about me in connection with the PWN Services, to, between and among myself and the following individuals, organizations and their representatives: (a) the applicable laboratory and its affiliates, their staff and agents; (b) PWN and its affiliates, and their staff, agents, and health care providers, including physicians, and genetic counselors, and (c) Invitae and (d) certain providers for the purposes herein, to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s) and genetic counseling), and as required or permitted by law.

I understand that I have a right to receive a copy of the above data disclosure authorization.  I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by privacy laws. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization.  This authorization will expire ten (10) years from the date of signature.  My written revocation must be submitted to PWN’s General Counsel at:

PWN Remote Care Services
c/o PWNHealth, LLC
Attn: General Counsel
123 West 18th Street, 8th Floor
New York, NY 10011

 For Canadian Residents Only

CONSENT FOR PWN SERVICES

I agree to receive the services provided by PWNHealth, LLC and  PWN Remote Care Services Inc. (collectively, “PWNHealth”, “we” or “us” relating to oversight of laboratory tests (“Test” or “Tests”), including, without limitation, review of Test requests, receipt of Test results (“Results”), genetic counsellor outreach, any customer support or counselling and any other related services provided by PWN or its service providers and partners (the “PWN Services”).

I agree to the following:

Ordering a Test and Sample Collection

  • I confirm that I am at least 18 years old or have reached the age of majority in my province of residence and that I am providing the biological sample for the Test.
  • I understand that all of the personal information that is provided by me or collected from me in the course of ordering a Test and providing a biological sample, will be used and disclosed by PWNHealth for the purposes of providing me with Results and the PWN Services, and in accordance with this consent and the Canadian Privacy Notice, which I have reviewed at this link
    https://public-static-website.s3.amazonaws.com/client-Invitae/PWN+Invitae+Privacy+Notices.pdf
  • I understand that providing correct information is important.   The information I have provided in connection with Test and the PWN Services is correct to the best of my knowledge.   I will not hold PWNHealth or its healthcare providers responsible for any errors or omissions that I may have made in providing such information. 
  • I confirm that I am a Canadian resident and physically present in the province of residence that I provided to PWNHealth.  
  • I have not previously seen and been advised by a physician to order the Test.
  • I understand that the Test will be ordered by me but the PWNHealth team, including a physician will review my personal and family history information and consider the appropriateness of the test once I have placed the order.
  • Genetic counselling is available to help understand what the Results mean for me and my family members.
  • I understand that the Test is not intended to diagnose any disease or condition and that the Tests, the Results and PWN Services are not intended to be medical advice. 
  • I am responsible for forwarding any Results to my primary care or family physician and for initiating follow-up with such physician for care, diagnosis, or medical treatment.
  • I will not make medical decisions without consulting a physician or other healthcare provider or disregard medical advice from my healthcare providers, or delay seeking such advice, based on the Results or other information provided to me through the use of PWN Services.
  • Most Canadian provinces offer some publicly funded genetic testing for eligible individuals, and family history of a genetic condition or disease is often one of the eligibility requirements. I understand that I am encouraged to speak with my primary care or family physician regarding available options for genetic testing that may be covered by public health care plans. By proceeding with this order, I acknowledge that I have considered publicly funded options and agree to proceed with PWN’s  private genetic testing service, which is not eligible for public reimbursement by a provincial health authority.
  • I understand that participation in the testing services offered by PWNHealth is voluntary, and that I may withdraw my consent to the PWN Services by contacting PWN's Genetics Team by calling (888) 494-7333.
  • I have had the opportunity to ask questions regarding the Tests and seek genetic counselling. I have been provided with sufficient information regarding the Test.  I have had the opportunity to discuss with a health care provider and I understand the reliability of a positive or negative result from the Test and the level of certainty of a positive result as a predictor of the disease or condition being tested for.
  • All my questions about the Test and Results were answered to my satisfaction and I understand the purpose of the Tests.
  • I understand that if I have any questions before or after I order my Test or receive Results, I can contact PWN's Genetics Team by calling (888) 494-7333.

Virtual/Online Services

I understand that PWN Services are delivered by health care providers who are not in the same physical location as I am using electronic communications, information technology or other means, including the electronic transmission of personal health information.            I also understand that:

Contact Information

I authorize PWNHealth to use and share the email address and phone number I provided in connection with my registration for the Tests(or that I updated by contacting PWN's Care Coordination Team as described below) to contact me in connection with the PWN Services, including, without limitation, initial outreach and post-test genetic counselling. I am responsible for contacting PWN's Genetics Team by calling (888) 494-7333 to notify them of any changes to my mailing address, email address, phone number or other information that I provided in connection with the PWN Services.  

Use and Disclosure of Personal Information  Authorization

I authorize the sharing, transfer and release of my personal information, including my Results and other health information, submitted by me or about me in connection with the PWN Services, to, between and among myself and the following individuals, organizations and their representatives: (a) the laboratory located in the United States that will run perform an assay and provide the Results, and its affiliates, their staff and agents; (b) PWN and its affiliates, and their staff, agents, and health care providers, including physicians, and genetic counsellors, and (c) Invitae (the manufacturer of the Test) and its affiliates, and their staff, including its genetic counsellors and (d) other third party providers engaged by PWNHealth, to facilitate and execute the PWN Services requested by me or performed with my consent, and as required or permitted by law.

Some of the organizations and service providers listed above located outside of Canada, and I understand that my personal information will be transferred to, processed and stored outside of Canada, including in the United States. While outside of Canada, my personal information will be subject to applicable foreign legal requirements, which may include lawful requirements to disclose personal information to government authorities in certain circumstances that differ from Canadian laws.

I have the right to have access and to request corrections to the personal information that PWNHealth and its service providers retain about me. 

 I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. I also have the right to revoke this authorization for the continued use and disclosure of my personal information at any time.   To request access to or correct my personal information , or to revoke my authorization for the use and disclosure of my personal information,  I must PWNHealth’s General Counsel at:

PWN Remote Care Services Inc.
c/o PWNHealth, LLC
Attn: General Counsel
123 West 18th Street, 8th Floor
New York, NY 10011

I have read this consent carefully.  I hereby consent to participate in the PWN Services pursuant to the terms, conditions, standards, and requirements described above, in the PWNHealth Terms of Use and PWNHealth Canadian Privacy Notice or as otherwise provided to me by PWNHealth.

For U.S. Residents Only

Notice of Privacy Practices Regarding Health Information

This notice describes how medical information about you may be used and disclosed, and how you can get access to this information. Please review it carefully.

How we May Use and Disclose your Health Information. We may use your health information and disclose it to appropriate persons, authorities and agencies, as allowed by federal and state law. Please be aware that state and federal law may have more requirements on how we use and disclose your health information. If there are specific, more restrictive requirements, even for some of the purposes listed above, we may not disclose your health information without your written permission as required by such laws. We may also be required by law to obtain your written permission to use and disclose your information related to treatment for a mental illness, developmental disability, or alcohol or drug abuse. We may do this without your written permission for the following limited purposes:

  1. Treatment.
  2. Payment.
  3. Required by Law.
  4. Public Health.
  5. Reporting Victims of Abuse or Neglect.
  6. Health Care Oversight.
  7. Legal Proceedings & Law Enforcement.
  8. Death.
  9. Serious Threats to Health or Safety.

We may also disclose any information that you provide to use or that is provided on your behalf.  You have the right to request a restriction or limitation on the disclosure of such information as set forth below.

Your Health Information Rights. You have the right to:

  1. Read and copy your health information.
  2. Request to correct your health information.
  3. Request to restrict certain uses and disclosures of your information. You have the right to request in writing that we restrict how your health information is used or disclosed. For most requests, under the law, we are not required to agree to your request. In some cases, we may not be able to agree to your request because we do not have a way to tell everyone who would need to know about the restriction. There are other instances in which we are not required to agree with your request. We will inform you when we cannot find a way to carry out your request.
  4. Receive a record of how we disclosed your information.
  5. Receive notification of a breach and obtain a paper copy of this notice.

Contact us at legal@pwnhealth.com or PWNHealth, 123 W 18th Street, New York, NY 10011 Attn:  Privacy Officer with any questions or concerns regarding the above.

For Canadian Residents Only

Canadian Privacy Notice

Last updated: April 24, 2020

PWNHealth, LLC and PWN Remote Care Services Inc., and its affiliates (collectively, “PWNHealth”, “we”) are committed to protecting any personal information that you may provide to us.

This Canadian Privacy Notice applies to any personal information that you provide to us, including information that we collect from you through any means including this website, in writing, by phone, electronically and from biologicals samples that you may provide to us relating to our services of oversight of generic and other laboratory tests (“Test” or “Tests”), including, without limitation, clinical review of Test requests, receipt of Test results (“Results”), genetic counsellor outreach, any customer support or counselling and any other related services provided by PWN or its service providers and partners (the “PWN Services”).

PWNHealth is not responsible for the privacy practices at external sites or their use of any information they may collect from you. We encourage you to review the privacy policies posted on all sites you visit.

This Canadian Privacy Notice may be revised from time to time. We recommend that you review this site frequently. Your continued provision of personal information or use of our websites and PWN Services following any changes to this Canadian Privacy Notice constitutes your acceptance of any such changes.

If you do not accept this privacy statement, please do not order a Test or use the PWN Services, or otherwise provide us with your personal information, and do not access, use, or browse this website.

Collection, Use and Sharing of Personal Information

"Personal information" means personally identifiable information, such as your name, street address, telephone number, date of birth, email address and other identifiers that permit identification of a specific individual. It also includes health information, genetic information and information about your family history and relatives.

In order to receive the PWN Services, personal information will be provided to and collected by PWNHealth, health care providers (such as genetic counsellors and physicians) and other service providers that are engaged by PWNHealth to offer and manage the PWN Services.

PWNHealth collects no personal information about you unless you choose to provide that information to us.

PWN will use and share the email address, phone number and other contact information that you provide in connection with registration for the Tests to contact you in connection with the PWN Services.

The information you provide to PWNHealth may also be used to inform you of issues, events or special offers which may be of interest to you.

Your personal information, including the Results and other health information, will be shared with and used by the following individuals, organizations and their representatives for the purpose of providing me with the PWN Services: (a) the applicable laboratory located in the United States that will run perform an assay and provide the Results, and its affiliates, their staff and agents; (b) PWNHealth’s affiliates, and their staff, agents, and health care providers, including physicians and genetic counsellors, and (c) third parties that manufacture and develop the Tests that you order,  and their affiliates, and their staff, including its genetic counsellors and (d) certain other third party providers engaged by PWNHealth to facilitate and perform the PWN Services as described on our websites and as explained to you by PWNHealth and the health care providers that assist in providing you the PWN Services.

We may also share your personal information with authorized third-party agents or contractors in order to perform research or that help us manage this website and our operations. We may transfer personal information to service providers (including affiliates acting in this capacity) that perform services for this website and for our operations on our behalf.

Your personal information will also be used and disclosed as required by applicable law. For example, we may disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities, protecting and defending our rights or property or complying with legal requirements. We may also be required to disclose your information to health or other regulatory authorities.

We also reserve the right to sell or transfer your information to a third party entity in the event that PWNHealth is acquired by or merged with another organization, or in connection with the transfer of some or all of our operations to another entity.

Processing outside of Canada

Some of the individuals, organizations and service providers that are described above are located outside of Canada, and PWNHealth will transfer and store your personal information on servers that are located outside of Canada, including in the United States.  Once your personal information is transferred outside of Canada, your personal information will be subject to applicable foreign legal requirements in the country where it is stored, which may include lawful requirements to disclose personal information to government authorities in certain circumstances that differ from Canadian laws.

If you have questions or would like more information about the handling of personal information by our service providers, please contact us at:.

info@pwnhealth.com

or

PWNHealth, 123 W 18th Street, New York, NY 10011 Attn:  Privacy Officer.

Collections and Use of Non-Personal Information through this Website

We may also collect non-personal information about your visit to our website or your device whenever you interact with our websites. For example, we may automatically collect your location information, browsing history within the site, domain name, Internet Protocol (IP) address, means of entry to the site, the type of browser and operating system used to access the site, the date, time and duration of each visit, the pages you visit, and other information. We may also track and catalog the search terms that are entered into search tools.

We may use this information to customize and localize your experience with PWNHealth. For example, we may use this information to provide you with more relevant content or to offer you customized advertisements, promotional offers or other relevant information. This content may appear on our website or on other sites within our advertising network. This information may also be used in the aggregate to measure the use of the site, trends and to improve the site's usability and performance.

We may also use de-identified or anonymized information gathered through your use of the PWN Services and pool your information with information obtained from other sources help us develop, evaluate or improve the PWN Services, our other products, services, and materials, and to conduct research, including future scientific research and publications.

Sharing of Non-Personal Information

We may share your non-personal information with third parties to help us provide you with more relevant website content, analyze site usage, improve our services, or for similar purposes.

Use of Cookies and Other Web Technologies

This site uses cookies and other web technologies. A cookie is a small data file that many websites write to your computer when you visit them. Cookies allow us, and others who place and access cookies on our site, to deliver relevant content to you and provide you with more pertinent promotional offers and advertisements. These advertisements may appear on our website or third party websites. In addition, on applicable sites, we may use cookies to store your shopping basket information when you shop online with us. We may follow up with you by phone, email or otherwise, based on the information stored in cookies and other web technologies, or collected on this site.

Most browsers have options that allow you to choose what cookies can be placed on your computer and to delete or disable cookies, but setting a browser to reject cookies may affect and limit your experience on this site.

Information Security

PWNHealth uses commercially reasonable methods consistent with industry practice to prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure appropriate use of your personal information.

While we strive to protect your personal information, we cannot ensure the security of the information you transmit.

We recommend you take every precaution in protecting your personal information. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and do not reveal your password to anyone. 

Email

If you have provided us with your email address to subscribe to one of our services or to receive notifications or updates about one of the offerings at our sites and you wish to change your address or no longer wish to receive these communications, please follow the unsubscribe instructions that appear in these email communications.

Access Requests, Questions or Comments

Individuals may ask to view their personal information retained by PWNHealth by writing to our privacy officer.  We will correct any inaccurate personal information upon appropriate request. 

If you have questions or comments regarding this Canadian Privacy Notice, please contact our privacy officer at: legal@pwnhealth.com or PWNHealth, 123 W 18th Street, New York, NY 10011 Attn:  Privacy Officer.

PWNHealth Terms of Use

Effective Date: April 27, 2020

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

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

These Terms of Use (“Terms”) govern your use of the services provided by PWN Remote Care Services, PW Medical Professional, PWN Remote Care Services, Inc., certain affiliated professional entities and PWNHealth, LLC (the administrative services provider of the professional entities) (collectively, “PWN”, “we” or “us”) relating to oversight of laboratory tests (“Tests”), including, without limitation, review of Test requests, receipt of Test results (“Results”), genetic counsellor outreach, any customer support or counseling and any other related services provided by PWN or its service providers and partners (the “Services”). PWN is not responsible for laboratory services, the provisions of the Test or other services provided through or in connection with the Invitae website. In these Terms, the terms “you” and “yours” refer to the person accessing and/or using the Services.

Your use of the Services is subject to any additional terms and polices, such as our Notice of Privacy Practices (for U.S. residents) and Canadian Privacy Notice (for Canadian residents) and any consents, of which we provide notice to you.

By using the Services, you acknowledge that you have read, understood and agree to be legally bound by and comply with these Terms, the Notice of Privacy Practices, and any and all additional terms and policies. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

1.         Changes to our Terms. We reserve the right to modify or amend these Terms, in whole or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or any third party. All changes to these Terms will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms by conspicuously posting the changes on the Invitae website. Continued use of the Services after the effective date of such modified Terms will indicate your acknowledgement and agreement to be bound by the modified Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Services.

2.         PWN Services. PWN does not provide medical advice and the Services are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness.   Physicians that have been engaged by PWN’s to assist in the delivery of the Services do not and will not prescribe or order any drugs or other therapies,  or provide any diagnosis, in connection with the Services.   Services do not replace your existing relationships with your primary care or family physician or other health care providers. You are solely responsible for forwarding any Results to your primary care or family physician and for initiating follow up with such physician for care, diagnosis or medical treatments. PWN will not forward your Results to your family 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 obtained as a result of your use of the Services.  The Services are not intended to make a medical necessity determination.

By accepting the Terms, you understand that PWN may send you messages, reports and emails regarding the Services, Tests, Results, and/or any personal or health information you have provided in connection with the Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.

3.         Eligibility.

The Services are not intended or designed for individuals under the age of 18 or under the age of majority in their jurisdiction of residence. By using the Services, you confirm that you are age 18 or over the applicable age of majority in your jurisdiction of residence. 

The Services are intended for individuals located and residing in the United States or Canada. However, the Services may not be available in certain U.S. states or Canadian provinces and territories. You will be notified if the Services are not available in the state or province/territory in which you are located. You agree that any and all data you provide or make available in connection with the Services shall relate only to users located in the United States or Canada. By using the Services, you confirm that you are located in the United States or Canada when you receive the Services. You shall not access the Services outside of the United States or Canada and PWN disclaims any responsibility for any attempt by you to do so.

You agree that any data submitted or provided by you or on your behalf in connection with the Services is truthful, accurate, and appropriate. You agree that the Services that you request are for your own personal use and that you will not order a Test for another person.

You may be ineligible to receive PWN Services, or certain Tests may not be recommended for you,  based on the information that you provided  or otherwise, and you  will be notified if this is the case.

4.         Payment.

Invitae will collect your payment for the Services on behalf of PWN as its collection agent.   PWN reserves the right to change prices in our sole discretion at any time; however, the Invitae website will reflect then-current prices.

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

For U.S. Residents Only:  By continuing with the Services, you understand and agree that you are responsible for paying all fees associated with the Services being offered through PWN, including any fees charged by medical providers and affiliated professional entities for professional services.  While we are aware that some health insurance plans may offer coverage for certain services (including testing services), the medical providers and affiliated professional entities providing Services have not contracted with any health insurance plans to make these services available.  Accordingly, you agree to pay PWN Remote Care Services or its contractually affiliated professional entities directly for the Services provided to you.  You may request that PWN provide you with a detailed accounting of the Services provided to you.  This information may enable you to obtain reimbursement for your out-of-pocket expenses from your health insurer.  However, the terms and conditions of coverage for services and testing vary by plan, and the Services offered by PWN may not be eligible for coverage or expense reimbursement.    

5.         Test Request Review.

For U.S. Residents:   PWN affiliated independent physicians review Test requests and determine whether testing is appropriate for you. All Services provided by physicians or genetic counselors shall be provided through PWN Remote Care Services or its affiliated professional entities.

For Canadian Residents:  The Test will be ordered directly by you, but an independent physician will review your health history and consider the appropriateness of the Test once you have placed an order.

6.         Genetic Counselling

A PWN genetic counselor may contact you prior to the Test(s) to obtain additional information to determine if the Test(s) is appropriate for you. Invitae will offer post-test genetic counselling, as applicable, through Invitae genetic counsellors.   You may contact the PWN team either before or after the Test(s) at the contact number provided below.

7.         Privacy.

Please review the applicable Notice of Privacy Practice (US residents) or Canadian Privacy Notice (Canadian residents), which describe PWN’s practices regarding the information that PWN may collect from users of the Services. By using the Services, you hereby consent to all actions we may take with respect to your information consistent with these Terms and the applicable Notice of Privacy Practice/Canadian Privacy Notice, and the consent that you have/will sign upon ordering of the Tests.

8.         Limitation of Liability.

IN NO EVENT WILL PWN OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, GENETIC COUNSELORS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO. USE OF (OR INABILITY TO USE) ANY SERVICES

9.         Disclaimers.

PWN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY INVITAE, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES.  PWN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSION IN THE INFORMATION YOU PROVIDE OR THAT IS PROVIDED TO PWN ON YOUR BEHALF.

10.       Indemnification. You agree to defend, indemnify and hold harmless PWN, its subsidiaries and its affiliates, and their respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (i) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (ii) your use of materials or features of the Services in an unauthorized manner.

11.       Ownership; Intellectual Property and Proprietary Rights.

All content, text, graphics, logos, icons and images provided by PWN through or in connection with the Services, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you, are the sole and exclusive property of PWN or our service or content providers and are protected by United States and foreign intellectual property laws. The Services also contain proprietary and confidential information that is protected under U.S. and foreign intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by PWN, you may not use, sell, modify, reproduce, distribute, create derivative works of or otherwise exploit any information or content made available to you on or through the Services, in whole or in part. PWN grants you a limited, non-exclusive right to access and use the Services solely for personal, non-commercial purposes on the condition that you comply with these Terms. Any use of the Services other than as specifically authorized herein is strictly prohibited.

Certain names, logos, brands and other materials displayed in connection with the Services may constitute trademarks, trade names, services marks or logos (“Trademarks”) of PWN or its affiliates. You are not authorized to use any such Trademarks without the express written permission of PWN or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

PWN and our service providers, and our successors and assigns, may use, copy, reproduce, modify, analyze, perform, display, distribute and otherwise disclose to third parties any data for purposes of providing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of PWN using such data.

All rights not expressly granted in these Terms are reserved.

12.       Term; Termination. The Terms, as may be amended from time to time, will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. We, in our sole discretion, with or without notice to you, at any time and for any reason, may terminate, suspend or modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to access and/or use the Services; and (iii) the Services. You may terminate the Terms at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms. PWN shall not be liable if, for any reason, all or any part of the Services is unavailable. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination.

13.       Equitable Relief. You acknowledge and agree that breach of these Terms will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, PWN shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms, or otherwise.

14.       General. These Terms, the applicable Notice of Privacy Practice/Canadian Privacy Notice, consents and any other agreements incorporated by reference herein constitute the entire agreement between you and PWN with respect to access to and use of the Services. These Terms and your use of the Services are governed by the laws of the State of Delaware, without respect to its conflict of law principles. In the event a dispute arises between the parties under these Terms or that in any way relates to your use of the Services, the parties hereby agree to binding arbitration, which will be conducted in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms. PWN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

15.       Contact Us.

Should you have questions about the Services, including about your Test or Results, you may contact us at:

Phone Number: (888) 494-7333

Address:           PWNHealth, LLC

                        123 W 18th Street

                        New York, NY 10011

Email Address: gc@pwnhealth.com