These Terms of Service (“Testing Services Terms”) govern your use of the testing services (“Testing Services”) provided by Male From Home, LLC (“MaleFromHome”). Please read these Testing Service Terms carefully before using MaleFromHome’s Testing Services.

By clicking the “check box” on the website or app as the registered user, or by signing below as the user, the user’s legal representative, guardian, conservator, or custodian legally allowed to consent (collectively “You”), You acknowledge that you are at least 18 years of age, have read, accepted and become legally bound to the terms and conditions set forth below.

Please refer to our Notice of HIPAA Privacy Practices to learn how MaleFromHome collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996).

1. Updates to the Testing Services Terms

MaleFromHome may, in its sole discretion, without prior notice to you, revise these Testing service Terms at any time. Should these Testing Service Terms change materially, MaleFromHome will update the Effective Date noted above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Testing Services before the effective date of the change. If you continue using the Testing Services after the effective date, you will be bound by the updated Testing Services Terms.

2. Your Financial Responsibility

You agree to pay MaleFromHome all applicable charges at the prices then in effect for the Testing Services provided to you or another person on whose behalf you are accepting these Testing Services Terms and payment responsibility (such as your children or other family members). You authorize MaleFromHome to charge your chosen payment method (your “Payment Method”) for the Testing Services provided. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. MaleFromHome reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

You understand and agree that MaleFromHome is to receive payment for the Testing Services solely from Your funds or funds saved via a valid health savings account or the like. You agree that you will not submit your payment for the Testing Services for reimbursement to any governmental program including, but not limited to any federal or state health benefit provider or program such as Medicare, Medicaid, etc.

3. Permission to Test

You give permission to the MaleFromHome Providers to provide Testing Services for you. You may withdraw this consent at any time by no longer seeking Testing Services from MaleFromHome.

You understand and expressly agree that a licensed medical professional associated with MaleFromHome may authorize the testing of any and all samples provided by you in compliance with 42 CFR Part 493.

You hereby give MaleFromHome the full authority to use any and all samples as necessary for MaleFromHome to provide Testing Services. MaleFromHome safely and securely dispose of the sample or samples provided once testing is complete. The samples are not used for any purpose other than to perform the Testing Services. By submitting the sample to MaleFromHome you relinquish the right of possession or return of the sample or samples provided to MaleFromHome.

You understand and agree that as part of providing Testing Services, your Personal Health Information (PHI), including test results, may be released by MaleFromHome to your designated provider using industry standard encryption and communication techniques to a password protected, encrypted, online personal health record and via communication (in accordance with our Notice of HIPAA Privacy Practices).

4. Service Termination

You may terminate your use of the Testing Services at any time by not using the Testing Services any more. We may terminate your use of the Testing Services at any time in our reasonable discretion. We may terminate your use of the Testing Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you.

5. Consent to Electronic Communications

You agree that MaleFromHome may send the following to you by email or by posting them on our patient portal and mobile application: test results, legal disclosures; these Testing Services Terms, Notice of HIPAA Privacy Practices, future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Testing Services.

By clicking the “check box” on the website or app as the registered user, You agree that MaleFromHome may provide the results of the Testing Services to the health care provider named by you and may contact you via messaging (secure), email, facsimile, phone, text, or mail regarding the Testing Services, including electronic communications from MaleFromHome pertaining to your test results, which may include PHI. MaleFromHome utilizes industrystandard encryption and secure messaging services to make every effort to protect your information from being viewed by unintended persons. You agree to exchange of communications, to and from MaleFromHome via these electronic means. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to support@malefromhome.com. You may also opt out of certain electronic communications through your account. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Testing Services Terms provided to and accepted by You.

6. Information Collected

When you register on the website or via the mobile application for the Testing Services of MaleFromHome, we ask for information such as your name, provider name and contact information, telephone number, email address, billing address, and credit card information. We also ask you to create a username and a password.

We use this collected information for the following general purposes: providing services, billing, user identification and authentication, improving our services, and account management.

MaleFromHome will not share or sell the collected information to other organizations or third parties for commercial purposes, except when necessary to provide our services to you, or when we have your express permission, or under the following circumstances:

• If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
• If MaleFromHome is acquired by or merged with another company. In this event, we will notify you before information is transferred and becomes subject to a different privacy policy.

We use third-party vendors and partners to provide the necessary hardware, software, networking, storage, and related technology required to run our service.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. We encrypt all information relating to your personal health information and/or payment transactions using generally accepted, mature encryption protocols and standards.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the MaleFromHome website(s) or mobile application.

The safety and security of your information also depends on you. Please keep your username and password confidential.

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Cookies are required to use the MaleFromHome website(s) and mobile application(s).

7. Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, MALEFROMHOME PROVIDERS, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE TESTING SERVICES.

YOU ACKNOWLEDGE THAT THE TEST RESULTS PROVIDED BY MALEFROMHOME ARE QUALITATIVE AND NOT QUANTITATIVE AND RELATE SOLELY AND EXCLUSIVELY TO THE SAMPLE OR SAMPLES PROVIDED BY YOU FOR TESTING AND THE RESULTS ARE NOT A REPRESENTATION, WARRANTY, GUARANTEE, CLAIM, OR OTHER STATEMENT BY MALEFROMHOME THAT ANY OTHER SAMPLE OR SAMPLES WILL YIELD THE SAME OR DIFFERENT RESULTS.

MALEFROMHOME PROVIDES NO MEDICAL TREATMENT, ADVICE OR RECOMMENDATIONS OF ANY SORT. QUESTIONS OR REQUESTS FOR INFORMATION REGARDING YOUR HEALTH CARE, THE TEST RESULTS, OR ANY MEDICAL CONDITION OR PROCEDURE SHOULD BE DIRECTED TO YOUR HEALTH CARE PROVIDER.

The Testing Services are intended for use only within the United States and its territories. We make no representation that the Testing Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Testing Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

8. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, MALEFROMHOME PROVIDERS, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE TESTING SERVICES OR FROM THE USE OF OR INABILITY TO USE THE TESTING SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. General Provisions

• These Testing Service Terms make up the entire agreement relating to your use of the Testing Services, and supersede all prior agreements relating to the subject matter hereof.
• We may change, suspend, or discontinue any of the Testing Services at any time. We will try to give you prior notice of any material changes to the Testing Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Testing Services.
• We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide you with notices of such changes as applicable.
• These Testing Services Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Testing Services Terms to anyone else without our consent. MaleFromHome may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Even after termination, these Testing Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.

If you have any questions about these Testing Services Terms, please contact support@malefromhome.com.

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