NOVA COVID19 RAPID TEST (“NCRT”) Terms of Use

Important Information

You should carefully read the following Terms of Use Agreement (“Agreement”). Your use of our Website and/or our service(s) implies that you have read and accepted these terms and conditions. The Website may hereafter be referred to as the “Services”) from which you accessed this Agreement is provided to you subject to the conditions listed below.

The access rights granted to you under this Agreement are non-transferable without the express written permission of NCRT. You are responsible for the actions of any other person who may utilize your access rights on the Services.

Introduction

The following terms and conditions govern all use of NCRT Services, all content and services available at or through the Website by health care providers contracted with NCRT. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies which can be found here:

The following is NCRT’s Terms of Use: www.novacovid19rapidtest.com/terms

The following is NCRT’s Notice of Privacy Practices: www.novacovid19rapidtest.com/privacy

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you must leave the Services and you may not use any services of NCRT. If these terms and conditions are considered an offer by NCRT, acceptance is expressly limited to these terms.

Services.

Services scheduled and/or purchased from NCRT are provided by licensed medical professionals contracted with NCRT.

NCRT provides various FDA approved Covid19 related tests authorized under the Emergency Use Authorization (EUA). You understand that even FDA approved/waivered Covid19 Tests provided by NCRT are not 100% accurate and there is a small chance that you may receive a False Positive or False Negative result. NCRT and its Physicians and Staff are not responsible for any erroneous test results.

 

You understand there is a slight chance (< 2%) of my receiving an inconclusive test result. NCRT Physician and Staff are not responsible for any inconclusive laboratory results.

You understand that should you receive a positive test result you will have an NCRT medical professional advise you on next steps.

 

You understand that a Rapid Anti-Body Test requires that you have your finger pricked to provide a required blood sample.  You understand that a PCR Test requires that your Nasal or Oral Passage will be swabbed.

 

If you are receiving a PCR Test, best efforts will be made by NCRT to make your results available within 48 to 72 hours after your office visit. If your results are not available within 72 hours the fee charged will be refunded by NCRT.  You agree that the refund of your fee is the only remedy You have for receiving test results beyond the 72 Hour window.

Fees, Payment, & Refunds.

By scheduling an appointment with NCRT, through the Services or otherwise, you agree to pay NCRT the fee indicated for the service that has been scheduled. Payments will be charged at the time of scheduling or at the time of service as indicated or directed. NCRT REQUIRES AT LEAST 24 HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the fee indicated for the service(s) scheduled if you cancel an appointment within 24 hours of its scheduled time. MISSED APPOINTMENTS ARE NOT REFUNDABLE. In the unusual event, we are unable to provide our services to you because of our availability, or Test Results are returned outside of 72 hours from your office visit, a CREDIT or a REFUND WILL BE PROVIDED.

In the event you need to reschedule your appointment within the 24 hour window an additional charge of twenty-five dollars ($25.00) will be added.

An administrative fee of fifty dollars ($50.00) will be charged for any additional office paperwork requests such as multiple Superbill’s not provided at time of visit or Superbill replacements, patient records, and legal correspondence.  Requests are processed within 30 days.

 

NCRT does not currently participate with any insurance provider, worker’s compensation, or Medicare.  You are responsible for all charges.  A billing statement (Superbill), will be provided for insurance related matters.  NCRT Physicians and Staff, makes no representation of reimbursement and are in no way responsible for any insurance reimbursement matters between you and your health care insurance provider. ­­­­­­­­­­­­­­­

 

Upon your acceptance of these terms and submission of your purchase, you hereby agree that NCRT has the right to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes that NCRT is required to collect, and you authorize NCRT to do so.

Payment processing services for our Site are provided by authorize.net and are subject to the authorize.net terms of services, which includes the authorize.net (collectively, the “Authorize.net Services Agreement”). By agreeing to these Terms of Use or using our Service, you agree to be bound by the Authorize.net Services Agreement, as they may be modified by them from time to time. As a condition of NCRT enabling payment processing services through authorize.net you agree to provide NCRT accurate and complete information about you and your business, and you authorize NCRT to share it and transaction information related to your use of the payment processing services provided by AUTHORIZE.NET. If a credit card account is being used for a transaction, NCRT or AUTHORIZE.NET may obtain preapproval for an amount up to the amount of the payment.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

General Disclaimer

THE SERVICES PROVIDES INFORMATION ABOUT HEALTH ISSUES DESIGNED TO HELP USERS MAKE BETTER DECISIONS, BUT MEDICAL INFORMATION IS NOT THE SAME AS MEDICAL ADVICE. YOU, AS THE USER OF THE SERVICES, ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THE SERVICES, INCLUDING THE INFORMATION PRESENTED THEREON. THE SERVICES IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD NCRT AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, LIABILITIES, EXPENSES AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THE SERVICES.

YOU USE THE SERVICES OF NCRT AT YOUR OWN RISK. NCRT WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF THE SERVICES AND/OR THE TREATMENTS AND PRODUCTS PROVIDED THROUGH THE SERVICES OR OTHERWISE. NCRT DOES NOT MAKE ANY CLAIMS, REPRESENTATIONS OR WARRANTIES REGARDING YOUR FITNESS FOLLOWING RECEIPT OF SERVICES FROM NCRT.

Responsibility of Service Visitors.

You represent and warrant that (i) your use of the Services will be in strict accordance with the Notice of Privacy Practices, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Site Modifications.

NCRT reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. By using these Services you are agreeing to be bound by the then current version of these Terms of Use, including any and all of the revisions. NCRT may also, in the future, offer new services and/or features through the Services (including, but not limited to, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

NCRT may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Services. NCRT can terminate the Services immediately as part of a general shut down of our service or other lawful reason. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The services, information, functions and materials on the Services are provided ‘as is’. NCRT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NCRT does not warrant or make any representations concerning the accuracy, likely results, or reliability of (a) the use of the materials on the Services or otherwise relating to such materials or (b) any sites linked to or on the Services.

Limitation of Liability.

In additional to, and not in limitation of, any limitations of liability provided by law or this Agreement, in no event will NCRT, or its Physicians and Staff or any individuals associated with NCRT, its suppliers or licensors, including, but not limited to, their respective equity owners, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification.

You agree to indemnify and hold harmless NCRT, its Physicians, Providers and Staff, against any and all claims, damages, causes of action, judgments, liabilities, demands and expenses of any kind or nature whatsoever, including attorneys’ fees, arising out of your use of the Services, including but not limited to, arising out of your violation of this Agreement.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.

You and NCRT agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and NCRT are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and NCRT.

If you desire to assert a claim against NCRT, and you therefore elect to seek arbitration, you must first send to NCRT, by certified mail, a written notice of your claim (“Notice”). The Notice to NCRT should be addressed to: NCRT, Attn: Legal, 6138 Redwood Square Center, Suite 204 Centreville, VA 20121. If NCRT desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by NCRT, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If NCRT and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or NCRT may commence an arbitration proceeding or file a claim in small claims court. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless NCRT and you agree otherwise, any arbitration hearings will take place in Fairfax, Virginia. (If you reside outside of the United States, unless otherwise mutually agreed to by the parties, any arbitration hearings will take place telephonically, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

If this agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for The Commonwealth of Virginia.