This Terms of Service (this "Agreement") is made between the undersigned ("You") and AimCheck Health, LLC ("AimCheck," "us," "we," or "AimCheck") and establishes the terms and conditions under which AimCheck will provide you, a user of the Service ("you" or "User") with access to and use of confidential and secure laboratory testing for blood, urine, and other lab health testing (“tests”) made available on or through the website AimCheck.com (the "Site You indicate acceptance of these terms of service by accessing this Site. The terms and conditions of the privacy notice, as well as all applicable copyright protections, apply to the use of the content accessible through this Site. The following link will take you to our privacy policy:
https://aimcheck.com/privacy-policy
You are entering into a legally binding agreement with us by signaling your acceptance of this Agreement or otherwise continuing to use the Service.
You further represent and affirm that you are of legal age in the jurisdiction from which you are ordering the test by entering the site and ordering any tests. You must immediately exit the Site and may not use the Service if you do not agree to these terms and conditions.
PLEASE CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING LEGAL AGREEMENT BETWEEN YOU AND AimCheck AND CONTAINS AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY.
The following conditions of use apply to all visitors or users of this Site.
The information on this page is owned by AimCheck or its licensors.
We reserve the right to update this Terms of Use notice at any time. Because the current notice is binding on you, you should revisit this page from time to time to reread it.
Copyright 2021, AimCheck Health, LLC. All Rights Reserved.
Text, graphics, logos, icons, pictures, audio clips, and software on this site are the property of AimCheck health LLC. or its content providers and are protected by U.S. and international copyright laws and treaty provisions. All content on this site has been compiled (that is, collected, arranged, and assembled) by AimCheck health and is protected by U.S. and international copyright laws and treaty agreements. All software used on this site is the property of AimCheck health or its software suppliers and is protected by copyright laws and treaty provisions in the United States and elsewhere. Without our prior written approval, you may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the content on this site in any way.
We provide Testing and other referrals, and we shall take all commercially reasonable efforts to bring about the provision of the Service outlined in and subject to this Agreement. If you order a lab test, you will receive a requisition number in order to take the lab test.
AimCheck is not a medical service, and it does not offer medical or health-related advice or diagnostics.
AimCheck is a referral service; it does not diagnose the results of laboratory tests. You will be directed to an independent Health Care Provider, who is responsible for their own services and adherence to the rules and regulations that apply to their profession.
You will make the ultimate decision on testing and the types of tests you will have in cooperation with your health professional. You acknowledge and agree that no Health Care Provider is an employee, agent, or subcontractor of AimCheck and is not providing services on behalf of or through AimCheck, but rather is independent of AimCheck and solely responsible for the services they render, and that if you have a claim resulting from the testing or services offered, you agree to seek redress or take action solely against the Health Care Provider.
If you choose to place an Order, the specimen collection will be done by an independent clinical laboratory ("Lab") at a location of your choice within our service area. In line with the Order, the test will be processed at an independent lab. Following the testing, you agree that the results may be shared with AimCheck, the ordering health care provider, and, if appropriate, public health authorities, as described below. Prior to the release of the test, if needed by law, we will arrange for a phone consultation with a health professional(s).
The Health Professional is an independent professional service provider, and AimCheck is not responsible for any services, advice or professional opinions rendered by the Health Professional.
Age, sex, the time of day a blood sample is obtained, nutrition, drugs, and the limitations of current technology can all affect laboratory test findings. A single or set of laboratory tests cannot guarantee health. It's possible to get both false positive and false negative test results. Certain medical conditions cannot be diagnosed only using these testing. The results of laboratory tests are merely a partial assessment of your health and do not imply a diagnosis or therapy for disease.
We will not be liable to you or anyone else for any loss or injury caused in whole or in part by using this Site to obtain, compile, interpret, deliver, or report information. We will not be accountable to you or anyone else for any decisions you make or actions you take or do not take based on such information.
If your independent Health Care Professional decides to provide a prescription, you understand and agree that this Health Professional is providing the service, which is unrelated to the service we provide, and that we can take no responsibility or liability for any such prescription or other services provided by Health Professional. The decision to issue a prescription and which one will be issued is made exclusively at the discretion of the Health Professional and does not involve AimCheck.
Disclaimer. AIMCHECK DOES NOT PROVIDE MEDICAL OR HEALTH CARE SERVICES OR ADVICE, AND THE REFERRAL SERVICE PROVIDED IS FOR YOUR CONVENIENCE AND IS NOT DESIGNED OR INTENDED TO PROVIDE A DIAGNOSIS OR ADDRESS MEDICAL EMERGENCIES. THE INDEPENDENT HEALTH PROFESSIONAL WILL PROVE THE MEDICAL DIAGNOSIS AND RESULTS. WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION, ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH PROFESSIONAL. NEVER IGNORE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF THE SERVICE OR INFORMATION YOU RECEIVE. CALL 911 IMMEDIATELY IF YOU THINK YOU HAVE A MEDICAL EMERGENCY. FOR IMMEDIATE OR URGENT MEDICAL NEEDS, DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SERVICE.
AimCheck PROVIDES THIS SITE AND ITS CONTENT "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES. AimCheck DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT AimCheck DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY LAB OR HEALTH PROFESSIONAL'S SERVICES OR PRODUCTS.
AimCheck MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE QUALITY OF THE SITE'S OPERATION, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS SITE. AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. AimCheck WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE RECOMMENDED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM RELIANCE ON THE CONTENT OR INFORMATION PROVIDED, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, EVEN IF THE AMOUNT YOU PAID IN FEES TO AimCheck DURING THE ANNUAL PERIOD IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY WILL BE AimCheck'S SOLE OBLIGATION TO YOU FOR DAMAGES. NEITHER AimCheck NOR ITS OWNERSHIP, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES ARE RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE LABORATORY OR HEALTH PROFESSIONALS. YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AimCheck ARISING FROM OR RELATED TO THE HEALTH CARE PROVIDERS' SERVICES PROVIDED TO YOU.
Certain warranties, as well as the restriction or exclusion of liability for incidental or consequential damages, are prohibited in some jurisdictions. As a result, some of the limitations and disclaimers listed above may not apply to you. To the extent that AimCheck is unable to disclaim any implicit guarantee or restrict its obligations as a matter of relevant law, the scope and duration of such warranty, as well as the extent of our liability, will be the bare minimum permissible by such applicable legislation.
THIS CONTENT'S INFORMATION AND/OR PRODUCTS MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE.
AimCheck MAKES NO RECOMMENDATION OR STATEMENT REGARDING ANY THIRD-PARTY PRODUCT OR SERVICE, INCLUDING ENDORSEMENT, AUTHORIZATION TO USE, OR REQUIREMENT TO USE IT. ANY REFERENCE TO OR MENTION OF A THIRD-PARTY PRODUCT OR SERVICE HEREIN SHOULD NOT BE CONSTRUED AS A REQUIREMENT, RECOMMENDATION, PREFERENCE, ENDORSEMENT, OR AUTHORIZATION BY AimCheck FOR THE USE OF SUCH THIRD-PARTY PRODUCT OR SERVICE, UNLESS EXPRESSLY STATED AS SUCH REQUIREMENT, RECOMMENDATION, ENDORS DESCRIPTIONS OF AimCheck'S ABILITY TO INTEROPERATE WITH ANY THIRD-PARTY PRODUCT ARE NOT INTENDED AS A STATEMENT THAT THAT THIRD-PARTY PRODUCT IS REQUIRED, RECOMMENDED, PREFERRED, ENDORSED, OR AUTHORIZED BY AimCheck.
The Site's information is not intended to be used for medical diagnosis or treatment. You understand and accept that the content offered through the Site does not have the ability to diagnose disease, prescribe therapy, or perform any other responsibilities associated with the practice of medicine.
AimCheck offers no warranties or representations about the accuracy of the Site's content, and it accepts no responsibility for the direct or indirect repercussions of any action or inaction you take based on the information and material on the Site. The other disclaimers and caveats that may appear throughout these Terms and Conditions apply to your use of the Site and any third-party sites referenced therein. In using the Site and any third-party sites referred within, as well as the materials contained therein, you undertake all risk of loss.
Product and service features and specifications stated or displayed on the Site are subject to change at any time without notice.
You understand and agree that AimCheck collaborates with a number of independent third-party Health Professionals and Laboratories (collectively, "Health Care Providers'') to provide the Services to you, and you authorize us to share your personal and health information with those Health Care Providers in order to fulfill our obligations to you under this Agreement. You acknowledge that by using the Service, you are entering into a health-care provider-patient relationship with AimCheck, rather than with an independent third-party Health Care Provider. Any information you provide, disclose, or receive through the Service may become part of a Health Care Provider's medical record, but it will not automatically become part of your separate medical records held by your physician or other qualified healthcare professional without your permission or sharing such medical records. The Service, as well as any lab results you obtain, are not intended to be comprehensive or exhaustive in their descriptions of your medical condition. For answers to your personal medical or health-care questions, you should speak with a trained health-care provider.
Information about you and your health. You agree to supply us with correct, up-to-date, and full demographic information, such as your name, gender, birth date, and contact information. You also agree to provide us or the Health Professional with accurate, current, and complete health information, including, without limitation, information about your health conditions, allergies, relevant medical history, and medications, during any consultation with a Health Professional or as otherwise appropriate. You promise to keep your medical information up to date as needed. If you don't submit accurate information, your account may be restricted, and you won't be able to use AimCheck's services anymore. AimCheck may save such data in its database, but it will not be utilized for marketing or other purposes.
Informed Consent: In order to obtain health testing, you must sign an Informed Consent form that will be sent to you prior to the testing.
Representations, Warranties, and Covenants made by you. You hereby represent, warrant, covenant, and agree to the following:
You undertake to follow all applicable laws, rules, and regulations when using the Services provided herein.
Not to take any action that disrupts the proper functioning of the Services or harms the Services or any materials or information made available through the Services in any way.
Not to use hacking, password "mining," or any other unauthorized means to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, to any of our servers, or to any of the services offered on or through the Services;
Not to probe, scan, or test the vulnerability of the Services or any network connected to the Services, or to circumvent the Services' authentication measures; not to harvest or otherwise collect and store information about other users of the Services, including e-mail addresses; not to interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or to disobey any requirements, procedures, policies, or regulations of netwrix.
You are using AimCheck under your own identity and solely for your own personal use.
You have executed or will execute the Informed Consent form authorizing AimCheck to order the Service on your behalf.
All of the information you give, including the specimen(s), will be your property and will not infringe on anybody else's rights.
Any terms and conditions stated in this Agreement or incorporated herein by reference, which may be modified from time to time, as well as all applicable laws and regulations, will be followed by you.
If you are pregnant, we highly advise you to get medical advice from your doctor or another health care practitioner before undertaking any testing. It is critical that you receive the proper prenatal care. Please discuss your concerns about STIs and other testing with your physician or health care provider.
Review of the Findings By analyzing your personal area on the Site, you agree to examine your results within fourteen (14) days after the date they are made available. If you do not check your results within that time frame, you agree that we have the right to contact you via alternative ways to convey the results, such as certified mail or telephone, using the information you supply.
PIN and password You will be given or given the option of selecting a password to access your information on the Site. You agree not to disclose your password with anyone else, and you are responsible for keeping it safe. Please contact us right away if your password has been compromised or if it has been used without your permission.
If AimCheck decides or suspects that the Service is being misused, AimCheck and its affiliates reserve the right to refuse access to or use of the Service.
As stated in the Privacy Policy, we may be forced by law or otherwise to submit or disclose specific health information in restricted circumstances. These disclosures may or may not be communicated to you. You consent to such mandatory disclosure by signing this document.
Minors may use the service without parental consent if authorized by their state of residency. Minors may use the service without parental consent if allowed by their state of residence. If you are under the age of 18 and do not reside in one of these states, you are not permitted to access or use the Services without the agreement of your parents.
We will take payment from you or other individuals who have been authorized to make a payment on your behalf. We accept credit or debit cards, prepaid credit cards, other online payment processing applications such as Amazon pay, Google Pay, Apple Pay, etc and other electronic payments. You undertake to provide correct and valid credit card or other digital payment information to us (or our designated third-party payment provider) and to update your credit card or other payment information if any information given becomes erroneous or incomplete. All payments must be made in United States dollars. You are liable for any tax, duty, customs, or other fee imposed on the Service by any federal, state, municipal, or foreign government entity, other than taxes on AimCheck's income. We have the right to refuse certain payments if we are unable to properly verify the required information or have any concerns about the means or manner of payment. For whatever reason, we reserve the right to cancel or refuse to accept any order. You have the right to cancel an order within 20 days of purchase, in which case we will reimburse your money minus a 25% processing fee. If you cancel after that date, you will not be eligible for a refund. Please take note: You have the option to cancel your order at any time prior to your lab visit. After 21 days, all cancellation requests will be issued a credit for future testing.
Laboratories may take longer to process your results due to COVID-19 testing requirements. It could take up to seven business days or longer to receive your results. If the above-mentioned delay occurs, you will not be entitled to a refund.
By accepting this Agreement, you agree to allow AimCheck to use and disclose your personally identifiable information, including health information, that you provide to us or develop while receiving Services ONLY as described in our Privacy Policy, which is a part of this Agreement and is incorporated by reference herein.
You agree to indemnify, defend, and hold harmless AimCheck and its subsidiaries and affiliated companies, as well as their respective affiliates, subsidiaries, employees, officers, directors, agents, contractors, servants, insurers, and representatives, from any liability, loss, claim, suit, damage, judgment, and expense (including reasonable attorneys' fees and expenses) arising out of or related to (a) your breach of this Agreement, (b) your infringement on the intellectual property rights of others, and (c) your infringement We reserve the right to take exclusive command of the defense and settle any action or claim for which you owe us indemnification. Your indemnification obligations herein, as well as your obligation to cooperate with us in the defense and possible settlement of your case, will not be affected by such assumption of the defense and settlement of the case.
With respect to any dispute or controversy arising out of or pertaining to the Site, the Service, or AimCheck, you agree to waive your right to participate in a class action or representative action. As a class representative, class member, or private attorney general, you will be able to join or consolidate claims brought by or against other parties, or otherwise participate in any claim.
We will make every effort to resolve disputes between you and us; however, if a dispute arises that cannot be resolved quickly between you and us, you agree that any claim or controversy arising out of or relating to the Service will be settled by arbitration administered by the American Arbitration Association ("AAA") in Los Angeles in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator's decision will be final and binding on all parties.
YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY DECIDE YOUR CASE AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
The period of this Agreement ("Term") will begin when you check the "Accept" box on your electronic signature. You or AimCheck may terminate this Agreement at any time, with or without cause, by giving written notice to the other. You agree that if this Agreement is terminated for any reason or no reason, we will not be liable to you or any third person for compensation, reimbursement, or damages as a result of the termination. Your account registration information will be deactivated upon termination, and you may no longer be able to access it, while your health information will not be deleted. We cannot guarantee that information that has been deleted from your AimCheck account will not be available elsewhere because the information you provide or approve is backed up and saved on a server. Following termination, AimCheck may continue to use your information as described in our Privacy Policy, and those elements of this Agreement that are intended to survive termination will do so.
Unless your account is terminated in accordance with the Cancellation and Refund section above, you will not get a refund or partial refund for any charges previously incurred to your account. You agree that terminating this Agreement is your sole right and remedy in the event of a dispute with AimCheck, including, but not limited to, any dispute relating to or arising out of: (1) any term of this Agreement or AimCheck's enforcement or application of such terms; (2) any AimCheck policy or practice or AimCheck's enforcement or application of such policies; or (3) the ability to access and/or use the Service.
This Agreement, along with the Privacy Policy and, comprises the parties' (you and AimCheck) entire agreement with respect to the subject matter hereof, and replaces any and all prior written or oral agreements between AimCheck and you on the subject matter.
If any term of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful or unenforceable, the remaining sections of these Terms and Conditions will continue in full force and effect. Any term of these Terms and Conditions that is only partially or completely invalid or unenforceable will remain in full force and effect to the extent that it is not invalid or unenforceable. The parties further undertake to replace any invalid or unenforceable section of these Terms and Conditions with a valid and enforceable provision that achieves the economic, commercial, and other aims of the invalid or unenforceable provision to the greatest degree practicable.
The laws of the State of Wisconsin shall govern the interpretation of these Terms and Conditions and the settlement of any dispute arising out of them.
Because the laws of each state or country may differ, you agree that all matters relating to your access to or use of the Services shall be governed by the statutes and laws of the State of Wisconsin, without respect to any principles of conflicts of law.
If any part of this Agreement is found to be invalid, illegal, or unenforceable, that portion will be deleted; however, the validity, legality, and enforceability of the remaining portions of this Agreement will not be affected or impaired in any way, and this Agreement will be enforceable as modified. AimCheck's failure to enforce any part of this Agreement does not constitute or imply a waiver of that provision or the right to enforce it in the future. The headings and captions in this Agreement are provided for your convenience only and do not form part of the Agreement.
Because AimCheck designed the provisions in this Agreement, the terms of this Agreement shall not be construed against it. Prior to entering into this Agreement or receiving the Services, you acknowledge that you have read and understood the terms and conditions and have the opportunity to get answers to any questions or concerns you may have.
You and AimCheck agree that any disputes or other matters arising out of or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the State of Wisconsin, without respect to any conflict of laws considerations that would apply to another state.
Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
Without restriction and without notice to you, AimCheck may assign this Agreement and/or its rights and/or responsibilities under this Agreement (in whole or in part). This Agreement will be binding on AimCheck's allowed successors and assignee, and may be enforced by them.
Acts of God, acts of any government, pandemics, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, flood, or inability to obtain necessary supplies, among other things, may cause AimCheck's performance under this Agreement to be interrupted or delayed. In the event of force majeure, AimCheck's performance obligations, if any, will be postponed for a reasonable amount of time until the underlying cause of the force majeure has passed.
AimCheck will contact you primarily through the e-mail address or phone number you provided. We may communicate with you using the mailing address you gave to AimCheck in some circumstances. You acknowledge that any legal requirement that such communications be in writing is satisfied by all agreements, notices, disclosures, and other communications that we provide to you electronically.
You can reach out to AimCheck for any questions or concerns about your order or the services we provide by using the following resources:
For Customer Service inquiries: 1(213) 4747347