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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HRT.org. The collective work includes works that are licensed to HRT.org. Copyright 2013, HRT.org ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HRT.org or purchasing HRT.org products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HRT.org or to purchase HRT.org products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HRT.org. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of HRT.org used in the site are trademarks or registered trademarks of HRT.org
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HRT.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HRT.org does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HRT.org does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HRT.org shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HRT.org has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a HRT.org product is mistakenly listed at an incorrect price, HRT.org reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HRT.org reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HRT.org shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HRT.org without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
HRT.org may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HRT.org.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HRT.org products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HRT.org products) must be commenced within one (1) year after the claim or cause of action arises. HRT.org failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HRT.org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HRT.org or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Nutritional Products
Informed Consent Regarding Nutritional and Herbal Supplements
Participation Disclaimer
HRT.org does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HRT.org is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HRT.org reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HRT.org in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless HRT.org, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, HRT.org may link to sites operated by third parties. However, even if the third party is affiliated with HRT.org, HRT.org has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HRT.org. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HRT.org seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Additional Terms and Conditions
The information on this site (Hrt.org) is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
By purchasing or using any products offered on hrt.org (the “Website”) or by accessing, browsing and using the Website you agree to be subject to the following terms and conditions (“Terms and Conditions”) as well as all other applicable laws. We reserve the right to update or modify these Terms & Conditions of use or to update or modify the Website without prior notice. If you do not agree to these Terms & Conditions, please do not use the Website.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HRT.org. The collective work includes works that are licensed to HRT.org. Copyright 2013, HRT.org ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HRT.org or purchasing HRT.org products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HRT.org or to purchase HRT.org products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HRT.org. You further agree not to change or delete any proprietary notices from materials downloaded from the site
Trademarks
All trademarks, service marks and trade names of HRT.org used in the site are trademarks or registered trademarks of HRT.org. Names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of hrt.org or other entities. You are not authorized to use any such Marks without the express written permission of hrt.org. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HRT.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HRT.org does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HRT.org does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HRT.org shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HRT.org has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Release of Liability
You are accessing, using or browsing the Website at your own risk. Hrt.org AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing this Website or downloading any materials or content contained in this Website. In addition, Hrt.org AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither Hrt.org AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES, AGENTS AND EMPLOYEES nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if Hrt.org has been advised of the possibility of such damages.
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY Hrt.org WILL BE REPLACEMENT OF DEFECTIVE OR NONCONFORMING PRODUCTS, OR AT SELLER’S OPTION, REFUND OF THE PURCHASE PRICE. SELLER IS NOT TO BE LIABLE FOR CONTINGENT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH RELATE TO OR ARE OTHERWISE CONNECTED TO ANY PRODUCT OR SERVICE OFFERED BY Hrt.org.
Typographical Errors
In the event that a HRT.org product is mistakenly listed at an incorrect price, HRT.org reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HRT.org reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HRT.org shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions (or any part of them) may be terminated by HRT.org without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
HRT.org may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HRT.org.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HRT.org products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HRT.org products) must be commenced within one (1) year after the claim or cause of action arises. HRT.org failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HRT.org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HRT.org or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization
Testing Products Solely for Preliminary Screening Purposes
All testing products offered on HRT.org are solely for preliminary screening purposes, and are provided for the purpose of initial screening of health and/or other diagnostics. The testing products and services offered by HRT.org are not meant to substitute professional testing. The test kits offered by Hrt.org are not intended to replace professional health, veterinary or environmental services.
I understand that I am submitting my health information and ordering tests for informational purposes only. By purchasing a test directly through HRT.ORG I acknowledge that HRT.ORG has contracted with a licensed physician only for the purpose of authorizing the tests I am purchasing. I am responsible for taking the test to my primary care physician for any additional interpretation. I understand that neither the physician authorizing my test, nor HRT.ORG, are diagnosing any condition.
I am responsible for taking the test to my primary care physician for any additional interpretation. I understand that neither the physician ordering my test, nor HRT.ORG, are diagnosing any condition.
I am under the care of a primary care physician and am not relying on the contracted Authorizing Physician to be my primary care physician.
This website and ZRT Laboratory, are not practicing medicine. The physician who authorizes my test is an independent contractor and is not the agent or employee of this web site. This web site does not direct or control the treatment decisions made by my primary care Physician with respect to my request and this web site is not liable for any negligent act or omission of the contracting Physician.
In accordance with the United States Arbitration Act, I agree that any dispute arising out of or related to the provision of services by the Consulting Physician or by this web site or its affiliates, or their employees, partners and agents, shall be subject to final and binding arbitration exclusively through the Procedures of the American Arbitration Association. I understand that this agreement is voluntary and that it is also binding on any individual or entity claiming by or through me or on my behalf; and
This document also serves as my informed consent that allows this web site, ZRT Laboratory and its contracted affiliates access to any medical information concerning me, including all medical data contained in the medical records questionnaire, and including, but not limited to, any health information regarding HIV, mental health, alcohol, drug or substance abuse conditions or treatments. (“Medical Information”) I hereby authorize the Authorizing Physician to release or disclose to this web site, ZRT Laboratory any and all Medical Information only as needed for the website to perform its duties. I understand that, except for action already taken in reliance on this authorization, I can void this authorization at any time by providing notices to this web site or to the Authorizing Physician. This consent does not give this web site, its parent or sister companies the right to sell my name or information to any third party.
Informed Consent Regarding Nutritional and Herbal Supplements
According to the Federal Food, Drug, and Cosmetic Act, as amended, Section 201(g)(1), the term drug is defined as an “article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.” Technically, vitamins, minerals, trace elements, amino acids, herbs, or homeopathic remedies are not classified as drugs. However, these substances can have significant effects on physiology and must be used rationally. In this office, we provide nutritional counseling and make individualized recommendations regarding use of these substances in order to upgrade the quality of foods in a patient’s diet and to supply nutrition to support the physiological and biomechanical processes of the human body. Although these products may also be suggested with a specific therapeutic purpose in mind, their use is chiefly designed to support given aspects of metabolic function. Use of nutritional supplements may be safely recommended for patients already using pharmaceutical medications (drugs), but some potentially harmful interactions may occur. For this reason, it is important to keep all of your healthcare providers fully informed about all medications and nutritional supplements, herbs, or hormones you may be taking. We (HRT.org, and affiliates) are not responsible for adverse reactions experienced from supplementation and your healthcare provider should be informed immediately if experiencing adverse reactions or symptoms.
Nutritional Counseling and Supplements from HRT.org
As a service to you, we offer nutritional counseling from experienced and licensed healthcare practitioners available through telemedicine as well as high quality supplements available through HRT.org We purchase these products only from manufacturers who have gained our confidence through considerable research and experience. We determine quality by considering: (1) the quality of science behind the product; (2) the quality of the ingredients themselves; (3) the quality of the manufacturing process; and (4) the synergism among product components. The brands of supplements that we carry online are those that meet our high standards and tend to produce predictable results.
The chief reason we make these products available is to ensure quality. You are not guaranteed the same level of quality when you purchase your supplements from the general marketplace. We are not suggesting that such products have no value; however, given the lack of stringent testing requirements for dietary supplements, product quality varies widely.
By purchasing these products through our website you agree to these terms.
If you have concerns about this issue, please discuss them with our staff.
Participation Disclaimer
HRT.org does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HRT.org is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HRT.org reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HRT.org in its sole discretion.
Indemnification
I agree that my use of products and services offered by Hrt.org, including but not limited to the above listed test procedure, are governed by the Terms & Conditions set forth at www.hrt.org, and I accept the Terms & Conditions as valid, enforceable and binding upon any and all actions related to arising out of my use of products and/or services provided by Hrt.org.
You agree to indemnify, defend, and hold harmless HRT.org, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, HRT.org may link to sites operated by third parties. However, even if the third party is affiliated with HRT.org, HRT.org has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HRT.org. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HRT.org seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
Privacy
Your privacy and the privacy of all registered users of Hrt.org is important to us. Accordingly, we have adopted the following privacy policy. Please review this policy each time you use the site as it is subject to change at any time without notice to you.
Type of Information Collected
In connection with your use of the Website (Hrt.org), we ask for and may collect a variety of information from and about you in various ways. For example, when you purchase an item from our site, we may ask for and store your information; including, but not limited to, name, business name, address, email address, billing/shipping/payment information and other identifying data. We also use Google Analytics to collect non-identifying information about visitor behavior such as the browser version used or the pages visited. Google Analytics collect data about our traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. We will not facilitate the merging of personally identifiable information with non-personally identifiable information collected through any Google advertising product.
Use of Cookies
The Website makes use of cookies when a visitor’s Internet browser is set to accept them. Cookies are small data files that the Website sends to a user’s browser for storage on the user’s hard drive. The Website uses cookies to identify members, track activity at the Website, and better serve our customers’ needs and interests.
Use of Information
Hrt.org may use your personal identifying information to identify you as a user of the Website and to assist and speed the completion of online transactions. We may use your email address to contact you regarding services or products we believe may be of interest to you. We may associate your personal identifying information with information we collect about your preferences and activities at the Website, such as the particular pages you request and purchases or other transactions you effect through the Website. We may vary the content you receive in future visits to the Website based on your preferences and activities.
We may combine your personal identifying information, and information about your preferences and activities, with those of all or a particular group of users to prepare collective profiles of our users and their activities. For example, we may track the number of users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our Website in a particular geographic region. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality through more accurate marketing and advertising of our Website.
We may share customer information with third parties to perform services on our behalf.
Disclosure of Information
Unless otherwise set forth herein, we will only provide your personal identifying information, and information about your activities and preferences to other companies with your permission. We may provide other companies with collective profiles of our user groups and their activities and preferences. Such collective profiles may also be disclosed in describing our Website and services to prospective partners, advertisers, and other third parties, and for other lawful purposes. We may disclose information to fulfill certain legal and regulatory requirements, or if we believe in good faith, that such disclosure is legally required or necessary to protect others’ rights or to prevent harm.
Please note we do have to have a valid phone number so we have a method of contact if there is a problem with your order.
Privacy of “Confidential Testing Information”
HRT.org will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter “Confidential Testing Information”). Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.
Except as set forth herein, Hrt.org will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties. You may authorize, in writing, the release of your testing results to third parties, and hrt.org assumes no liability resulting from such authorized release of information.
In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, Hrt.org will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by Hrt.org. Customer further acknowledges that hrt.org may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests. Customer acknowledges hrt.org has no control over the conduct or omissions of such third party laboratories. Hrt.org hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information.”
Security Policy
We understand your concerns for personal security when placing orders or giving out personal information on the Internet. That’s why providing a secure shopping environment is one of Hrt.org’s highest priorities. We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our Website to computers running web browsers that support Transport Layer Security (“TLS”) protocol. To use this protection technology, you need to have a SSL-capable browser.
Any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites’ policies before revealing any sensitive or personal information.
Our website is hosted on servers that are PCI certified to ensure that the payment data is protected against any unauthorized access. You can read more about PCI compliance, and the requirements for different levels here.
Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
Miscellaneous
There shall be no third party beneficiaries of these Terms and Conditions or of your use of this Website; provided however, that recipients of Hrt.org products or services shall become subject to these Terms and Conditions.
Hrt.org has the right to merge accounts that use the same company information or close accounts that have been inactive for a period of 60 days.
I understand that all testing products offered by Hrt.org are offered solely for preliminary screening purposes, and are provided for the purpose of initial screening of substances and/or any other diagnostics. I acknowledge the testing products and services offered by Hrt.org are not intended to constitute legally admissible test results in any litigation, arbitration or other legally binding forum.
Regarding test samples, I submit this sample willingly and I agree that once the sample has been taken that it becomes the property of the testing/diagnostic laboratory and I will no longer have access to the said sample.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
Additional Telehealth Terms
MedMind LLC. DBA hrt.org (“Hrt.org, hrt.org”,” hrtorg”, “we”, “us”, or “our”) operates the website located at www.hrt.org and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer diagnostic product, laboratory testing and online telehealth services (the “Services”) and in the process we might enable our Customers (“Customers”, “Clients”, “Members”) to report their health history and engage healthcare professionals (“Treating Providers”) to obtain medical and healthcare services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
Hrt.org will make all reasonable efforts to maintain the private information of our consumers, test donors, and sample collectors (hereinafter “Confidential Testing Information”). Confidential Testing Information may consist of consumer/donor/collector names, addresses, phone numbers, dates of birth, social security numbers, employment information; test or specimen ID #, test dates, test times, test results, reason for test, type of test, test conditions, identity of testing laboratory, or identity of person requesting test.
Except as set forth herein, hrt.org will not intentionally disclose Confidential Testing Information to any third party, and will make reasonable efforts to protect Confidential Testing Information from disclosure to third parties. You may authorize, in writing, the release of your testing results to third parties, and Hrt.org assumes no liability resulting from such authorized release of information.
In the event of a lawful subpoena or other order of any court of competent jurisdiction for Confidential Testing Information, Hrt.org will comply with such court order, and Customer hereby acknowledges that under such circumstances Confidential Testing Information may be disclosed by Hrt.org. Customer further acknowledges that hrt.org may contract with third party laboratories to conduct testing of samples, and that such third party laboratories may maintain records of such tests. Customer acknowledges hrt.org has no control over the conduct or omissions of such third party laboratories. Hrt.org hereby disclaims any and all liabilities for any disclosure by such third party laboratories of Confidential Testing Information.
You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling Hrt.org customer support.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Hrt.org devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the Internet or data bandwidth and signal of your mobile device.
Healthcare Services. All of the Treating Providers who deliver Services through Hrt.org are independent professionals solely responsible for the services each provides to you. Hrt.org does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Hrt.org nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
Site Content. None of the Site content (other than information you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
Informed Consent.
Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.
The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through hrt.org or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth.
These risks include, but may not be limited to:
Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
You can send messages to your Treating Provider by contacting Hrt.org Customer Support at 1-888-574-5524. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.
You may also be able to send written notes to therapists or other Treating Providers or to Customer Support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one Treating Provider or Customer Support agent and will typically be answered within 48 hours. You should not rely on the Messaging Portal if you need immediate attention from a Treating Provider or other health care professional. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room. You understand and agree that messaging with Treating Providers over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.
Privacy. Hrt.org is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Treating Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and hrt.org. Hrt.org cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by hrt.org.
User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by hrt.org (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. hrt.org reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall hrt.org be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Use of the Services by Children. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.
Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site, Hrt.org and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Treating Providers through the Site and to refrain from contacting Treating Providers for telehealth services outside of the Site. Hrt.org is not responsible for any interactions with Treating Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Hrt.org with your credit card number or PayPal account and associated payment information, you agree that hrt.org is authorized to immediately invoice your account for all fees and charges due and payable to hrt.org hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Hrt.org to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with hrt.org, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Hrt.org offers no guarantee that you shall receive any such reimbursement. Hrt.org reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.
Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Ownership. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to info@hrt.org . Hrt.org may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Hrt.org reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Hrt.org will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hrt.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
You acknowledge and agree that hrt.org does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers, including physicians and other Treating Providers in the Hrt.org network. You acknowledges and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Hrt.org OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend and hold harmless Hrt.org, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
Geographical Restrictions. Hrt.org makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
All physicians, nurses and other health care practitioners on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received.
Any clinical records created as a result of your use of the Site will be securely maintained by Hrt.org on behalf of your Treating Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
Availability of Products
Hrt.org makes no claim or guarantee as to the availability of any specific product. Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order).
Assignability
In the event you transfer or assign to a third party your interests in products or services provided by Hrt.org, such assignee shall be subject to and legally bound by these Terms and Conditions
Miscellaneous.
These Terms of Use and your use of the Site shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to these Terms of Use.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, hrt.org has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to info@hrt.org.
