Terms of Service

Effective: April 11, 2020

Primary Diagnostics, Inc, (referred to as “Primary”, “we” “us”, or “our”), owns and operates the websites located at https://primarybio.com , at https:// primary.health and https://primaryapp.io and its accompanying mobile application (collectively, the “Website” or “Websites”). Through these Sites we operate online services that enable individuals (“Users”) to receive various types of health care information and schedule COVID-19 testing services (“Services”). The Sites also have public portions that allow anyone to educate themselves on the Services available from Primary.

APPLICABILITY OF THESE TERMS AND CONDITIONS

These Terms and Conditions (“Terms and Conditions”) govern your use of the Sites. Use of any of the Sites constitutes your acceptance of these Terms and Conditions and the Privacy Policy. If you do not agree to these Terms, you should immediately cease all use of and access to all of the Sites.

AGREEMENT TO THESE TERMS AND CONDITIONS

Your access and use of the Sites is subject to your agreement with these Terms and Conditions and the Privacy Policy. By using the site, you expressly agree to the terms of this Terms of Use. If you do not agree with this Terms and Conditions, please do not use or access the Sites for any purpose. Please print a copy of these Terms and Conditions for your records.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

Primary may revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Primary will give notice to you and all users by posting a notice regarding the updated Terms and Conditions on the Site. New Terms and Conditions will be effective as of their posting unless otherwise stated. By accessing or using the Site after such changes are posted you agree and consent to all such changes.

DISCLAIMER

The Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Primary disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Primary does not warrant that the Sites will be uninterrupted or error-free, that defects will be corrected or that the Sites or the server that makes it available are free of viruses or other harmful components.

Primary will use reasonable efforts to keep the content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. Primary assumes noliability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

REGISTRATION ON THE SECURE PORTAL

Some of Primary’s sites can be used only by Primary Users, require Users to register and log-in, and are password protected (“Registered Users”). The password protected portions of the Sites are referred to as the Secure Portals. This Secure Portals allows you to access certain testing related services (“Services”). Through the Secure Portals, you can also access your protected health information (“PHI”), whether submitted by you or generated as a result of your use of the Services. A complete description of the purposes for which Primary uses and discloses any PHI collected from our Users (including PHI collected on the Secure Portal) is described fully in its Notice of Privacy Practices or any other applicable notices provided to Users.

PHONE NUMBERS AND EMAIL ADDRESSES

Registered Users will need to provide us with either their phone number, email address, or both. We will use email and text messages to send Registered Users important updates about the Sites as well as notifications when information and documents are added that Users need to be aware of, e.g. testing appointments and test results. Primary will also use email address and text messages to send general information about the Services available through Primary. In some instances, but not all, you will be able to opt out of receiving emails and text messages. Primary does not sell your email address or phone number to third parties.

SELF-PAY PAYMENT AND REFUNDS

You may be required to pay a fee to confirm your tests. All fees are in US Dollars, and all payments will be processed by a US bank. Users in the United States can accept Visa Mastercard American Express Discover JCB Diners Club China UnionPay credit and debit cards. We reserve the right to require payment for services to be made at or before the time of service. If you pay with a credit or debit card, Primary may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase shall be deemed to occur in California, US.
If you decide that you cannot make your appointment/receive tests, please contact us immediately. We will be unable to process a refund if more than 30 days has passed since the tests were purchased, or if our lab has received your sample. You will receive a refund on the purchasing card, if applicable, less shipping and handling fees and a 20% cancellation fee to cover the cost of the tests.
On rare occasions, Primary may be unable to process your sample either because of an issue with the sample you submitted or due to an issue at our lab. If this occurs, we will, at our sole discretion, either (a) attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) request an additional appointment for testing so that you may submit another sample for our lab to process. In either a or b, there will be no charge to you. If you submit a second sample and it still cannot be processed, please contact support@primarybio.com to discuss your options.

YOUR RESPONSIBILITIES

Registered Users, are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your user ID and password; and (iii) promptly informing Primary of any need to deactivate a password. You also agree to promptly notify Primary of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing Primary at support@primarybio.com. In addition, you agree to exit from your secure account at the end of each session. Primary explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

YOUR REPRESENTATIONS AND WARRANTIES

By registering on the Secure Portals, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with Primary, (iii) the information you have provided to Primary in your registration is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Secure Portals, (v) you will not interfere with a third party’s use and enjoyment of the Secure Portals, and (vi) you will not interfere with or disrupt Primary’s or its vendor’s security measures.

TERMINATION

If you violate these Terms and Conditions, your ability to use the Secure Portals will terminate. Primary may, in its sole discretion, terminate your access to the Secure Portals, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Primary may have available at law. Further, Primary shall not be liable to you or any third party for any such termination or discontinuance.

PROHIBITED USES

In using the Sites, you agree not to: Send or otherwise transmit to or through the Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Sites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; Misrepresent your identity or affiliation in any way; Restrict or inhibit any person from using the Sites, disclose personal information obtained from the Sites or collect information about users of the Sites; Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing; Gain unauthorized access to the Sites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites; Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; Send or otherwise transmit to or through the Sites chain letters, unsolicited messages, so- called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; Violate any applicable laws or regulations or these Terms and Conditions; Alter or modify any part of the Content or services offered on the Sites; or Assist or permit any persons in engaging in any of the activities described above. INTELLECTUAL PROPERTY RIGHTS AND CONTENTAll materials on the Sites, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by Primary or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of Primary and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Primary or its licensors. You are authorized to view the site and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Primary.

You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Sites or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. You may not link to this site.

EXTERNAL LINKS

The Sites may contain links to third-party websites. Linked sites are not under the control of Primary, and Primary is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Primary endorses, sponsors, or is affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Primary disclaims any and all liability for any medical and health treatment information set forth on linked sites.

NO ENDORSEMENTS

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Primary. Any views expressed by third parties on this Site are solely the views of such third party and Primary assumes no responsibility for the accuracy or veracity of any statement made by such third party.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PRIMARY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS,GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Primary is not liable to you or anyone else for any decision made or action taken based on use of this Site.

CHILDREN

The Sites are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Sites at any time or in any manner. By using the Sites, you affirm that you are over the age of 13. Primary does not seek through this website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

CHOICE OF LAW AND JURISDICTION

These Terms and Conditions of Use are governed by the laws of California. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.