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Last Updated: June 27, 2022
Genova Diagnostics Inc. ("we," "us," or "our") operates the website connect.gdx.net, an internet portal through which diagnostic testing may be ordered and purchased through Genova Connect (the "Service"). All orders placed through Genova Connect are subject to these Terms and Conditions. By visiting our website and/or ordering and purchasing products through our website, you hereby agree to be bound by these Terms and Conditions. Genova Diagnostics Inc. reserves the right to change and modify these Terms and Conditions at any time by posting such changes to this webpage. Please check these Terms and Conditions periodically to ensure you have reviewed the most recent updates. The continued use of the Service following the posting of changes to these terms will mean you accept those changes.
For testing ordered by your healthcare provider, these terms do not apply.
Genova Diagnostics Inc.
facilitates the ordering of laboratory testing and also provides the Online Payment System that permits you to complete the payment process through the online Service under certain terms and conditions set forth in this agreement.Genova Diagnostics Inc. is committed to protecting the privacy of your personal and health information. To learn more about the information we collect about you, as well as our uses and disclosures of such information, please review our Privacy Policy.
Genova Diagnostics Inc. does not offer medical advice through the website. Any content accessed through the website and Services is for informational purposes only. This content should not be used during a medical emergency or for the diagnosis and treatment of any medical condition. Testing from Genova Diagnostics Inc. can only be ordered by an authorized supervising health care practitioner as dictated by United States federal and state law. For customers that do not have a primary care provider, or do not have the time or resources to visit one, Genova Diagnostics Inc. makes available its Genova Connect Service. Genova Diagnostics Inc. contracts with Cynergy Wellness ("Cynergy"), an independent, physician-owned medical group with a network of United States based providers who are available to provide clinical services in all 50 states. For tests purchased through Genova Connect, Cynergy providers will order the tests, and are available to provide consultations about the test results.
Nothing contained in the test results or made available through the Service is intended to constitute the practice of medicine or the provision of medical care by Genova Diagnostics Inc. The information provided by the test or through the website or Services is not a substitute for the advice of Cynergy Wellness, your primary care provider, or other qualified healthcare provider. Do not ignore or delay obtaining professional medical advice because of information accessed through the Services. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY INFER THROUGH THE WEBSITE OR SERVICES.
By accessing our Services, you confirm that you are a resident of the United States and are at least 18 years of age. Any testing for individuals under 18 years of age must be ordered by their responsible party. You warrant and represent that all of the information you provide is correct and that you are using the website for yourself and those for whom you have authority, and you agree not to use the website to initiate a diagnostic testing request for any other person. You agree not to resell the Services provided hereunder. By initiating testing through the website, you are requesting that results be reported directly to you or the person for whom the test is ordered.
Diagnostic testing is available only with a physician or other authorized provider order. Genova Diagnostics Inc. does not provide physician services, but facilitates ordering of laboratory testing by connecting consumers with physicians affiliated with Cynergy. Cynergy is an independent entity not affiliated with Genova Diagnostics Inc., and Genova Diagnostics Inc. merely provides access to Cynergy services as a convenience to you. The Cynergy-affiliated physicians, not Genova Diagnostics Inc., are responsible for the appropriateness of the testing they order for you and any advice or treatment recommendations they provide based upon the results of your test. By requesting a physician order through Genova Connect, you acknowledge and agree that your relationship with Cynergy is independent of your relationship with Genova Diagnostics Inc. We encourage you to review Cynergy's policies governing your use of Cynergy's clinical services.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person examination and the Cynergy providers may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service.
Prior to receiving physician services from Cynergy, you must complete and submit Cynergy's Authorization and Consent for Diagnostic Testing policy, which we will provide to you.
By using the Service, you understand and agree that neither Genova Diagnostics Inc. nor Cynergy will bill your insurance for the products ordered. You are liable for the full costs of the test(s) ordered.
All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier. Genova Diagnostics Inc. refunds are available only in the event you do not submit the test you ordered within 45 days of your order date. Cynergy's fees, as well as the packing fee, are not refundable. Review Genova Diagnostics Inc.'s full refund policy here. Contact our Accounts Receivable Business Office at 1.800.522.4762 with any specific questions regarding your invoice.
As with all laboratory tests, there is a chance of an inaccurate, false positive, or false negative result. A negative test does not mean you will not contract a condition or infection at a later time. Failure to follow collection instructions may adversely impact test results. Results from testing should not be used as the sole basis to diagnose or exclude a condition or infection, or to inform condition/infection status or course of treatment. Clinical correlation with medical history and other diagnostic information is necessary to determine condition/infection status, and should be assessed by your provider.
With respect to viral test results, positive results do not rule out bacterial infection or coinfection with other viruses. Similarly, negative results do not preclude infection and should not be used as the sole basis for medical decisions. Negative results must be combined with clinical observations, medical history, and epidemiological information, and should be assessed by your provider.
If you fail, or Genova Diagnostics Inc. suspects that you have failed to comply with any of the provisions of this agreement, including but not limited to failure to make payment of fees due, or failure to provide Genova Diagnostics Inc. with a valid credit/debit card or with accurate and complete registration information, Genova Diagnostics Inc. at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your order, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) prevent access to the Online Payment System. In addition, Genova Diagnostics Inc. reserves the right to terminate this Agreement and/or your order for any reason, or no reason at all.
Genova Diagnostics Inc. reserves the right to modify, suspend, or discontinue the Online Payment Service at any time with or without notice to you, and Genova Diagnostics Inc. will not be liable to you or to any third party should it exercise such rights.
You may use the website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the website:
Additionally, you agree not to:
The website and Service is controlled and operated by Genova Diagnostics Inc. from its offices in the United States of America. You agree to comply with all local, state and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Genova Diagnostics Inc. reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Online Payment System following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
When you use the website or Service, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Genova Diagnostics Inc. may contact you by telephone, mail, or email to verify your account information. Genova Diagnostics Inc. may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created an order. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the website and the Service until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Genova Diagnostics Inc. at the mobile number you have provided, including calls and text messages, to receive informational, and communications relating to the website and Service. Message and data rates may apply. To stop receiving text messages, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some website features may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Service.
Genova Diagnostics Inc. is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAM-SPAM ACT") and the Telephone Consumer Protection Act ("TCPA"). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at info@gdx.net.
Content and other information contained on the Service is provided by Genova Diagnostics Inc. as a convenience. Users relying on website content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. GENOVA DIAGNOSTICS INC. AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSEWITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE WEBSITE. GENOVA DIAGNOSTICS INC. DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. GENOVA DIAGNOSTICS INC. DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENOVA DIAGNOSTICS INC. OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER GENOVA DIAGNOSTICS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GENOVA DIAGNOSTICS INC. SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICE, OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICE, OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, SERVICE, OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold Genova Diagnostics Inc. and any third party offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
These Terms and Conditions constitute the entire agreement between you and Genova Diagnostics Inc. and govern your use of the Service, superseding any prior agreements between you and Genova Diagnostics Inc. Genova Diagnostics Inc.'s failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Genova Diagnostics Inc. will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Genova Diagnostics Inc. accepts payment online by credit/debit cards only. Charges to your card occur at the time of your online order/purchase transaction. All charges for Genova Diagnostics Inc. tests are listed in American dollars ($).
Genova Diagnostics Inc. accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
Collection packs are shipped to patients after their credit card has been successfully charged for that test.
The Google Translate service is a means by which Genova Diagnostics Inc. offers translations of content and is meant solely for the convenience of non-English speaking users of the website. The translated content is provided directly and dynamically by Google; Genova Diagnostics Inc. has no direct control over the translated content as it appears using this tool. Therefore, in all contexts, the English content, as directly provided by Genova Diagnostics Inc. is to be held considered authoritative. The use of the Google Translate functionality and/or content is also subject to the terms and conditions of the Genova Diagnostics Privacy Policy, Terms and Conditions Policy, Privacy Act Statement, and Link Exchange Policy, which govern the use of Genova Diagnostics Inc. information services and content. These Terms of Use may be changed by Genova Diagnostics Inc. at any time without notice.
Genova Diagnostics reserves the right to discontinue providing any or all of the Google Translate functionalities and/or content at any time and to require you to cease displaying, distributing or otherwise using any or all of the content provided by the Google Translate for any reason including, without limitation, your violation of any provision of these Terms of Use. Genova Diagnostics Inc. assumes no liability for any of your activities in connection with use of the Google Translate functionality or content in connection with use of the Google Translate functionality or content.
Under the General Data Protection Regulation (GDPR) issued by the European Commission, Genova Diagnostics Inc. is a third-party processor of your patient's Personal Data; you are the controller and/or processor, as applicable, of that Personal Data under the European Data Protection Legislation; and each party will comply with the obligations applicable to it under GDPR Legislation with respect to the processing of that Customer Personal Data.
Effective Date of Original Notice: June 27, 2022
