STD Aware Terms of Use

1. Your Acceptance

Welcome to the Terms of Use for the STDAware platform (applications and website). This is an agreement (“Agreement”) between First American Service Group, Inc., the owner and operator of www.stdaware.com and any STDAware services (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.

Throughout this Agreement, the words “STDAware,” “us,” “we,” and “our,” refer to our company, STDAware and our Platform, as is appropriate in the context of the use of the words. Due to the length of this Agreement, we would like to highlight the most important provisions you are agreeing to, including the following:

  • You agree to ARBITRATE any claims against us (defined below)
  • You agree to waive your ability to participate in a CLASS ACTION proceeding
  • You agree that any Physicians and Testing Centers are solely responsible their actions, medical opinions, and any content or information disseminated to you
  • Testing Centers and Physicians are independent contractors and whose opinions are not endorsed by and are not representative of STDAware
  • You agree to indemnify us for your use of the Platform
  • Our liability to you is limited as stated within the “Limitation of Liabilities” section of this Agreement

By clicking “I agree”, registering for our Platform or using the Platform you agree to be bound by this Agreement and the Privacy Policy. Before using our Platform, you must fully read and agree to ALL portions of this Agreement. We may amend our Terms of Use or Privacy Policy and may notify you when we do so.

If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately. Users of our Platform must be 18 years of age or older.

2. Description of Platform

The STDAware Platform assists you in purchasing laboratory testing (“Test”) from testing centers (“Testing Center(s)”). Users may purchase a Test that is authorized by an independent physician (“Healthcare Consultant”). The Healthcare Consultant is the issuer of the Test and any medical opinions or advice given and patient-doctor relationship created are solely between you and the Healthcare Consultant. The Testing Center is solely responsible for all Tests, procedures, and sample collection. Users simply use the Platform to purchase Tests from an independent Testing Center listed within our Platform. Once a Test has been purchased the user shall be able to independently contact Testing Center and set an appointment or consult time. After a Test or lab sample has been collected the Testing Center shall notify the user via the Platform and provide the user with his or her Test results. Users understand and agree that STDAware is not responsible for any information provided by any Testing Centers. Testing Centers redeem all Tests and STDAware merely acts as a Platform to purchase Tests.

3. Disclaimers

Please be aware that the Platform is solely designed for users to purchase Tests and view Test information and results. STDAware does not give medical opinions, recommendations or advice via the Platform. If you believe you are experiencing some type of medical condition or emergency, please contact an emergency responder or your doctor for an in person if you are looking for a personal medical evaluation, diagnosis, or prescription. Do not delay receiving treatment for any health or medical issues due to any information found on our Platform.

STDAWARE DOES NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS. ALL TESTING CENTERS ARE DULY LICENSED AND ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR CONTENT TRANSMITTED BY THEM, ANY MEDICAL RELATIONSHIP, IS SOLELY BETWEEN THE USER AND THE TESTING CENTER AND DOES NOT INVOLVE STDAWARE; ANY RELIANCE ON ANY INFORMATION PROVIDED BY ANY TESTING CENTER IS SOLELY AT YOUR OWN RISK. ALL HEALTHCARE CONSULTANTS ARE DULY LICENSED MEDICAL PROFESSIONALS AND ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR CONTENT TRANSMITTED BY THEM, ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN THE USER AND A HEALTHCARE CONSULTANT, IS SOLELY BETWEEN THE PARTIES AND DOES NOT INVOLVE STDAWARE; STDAWARE IS NOT A SUBSTITUTE FOR IN-PERSON PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY ANY HEALTHCARE CONSULTANT IS SOLELY AT YOUR OWN RISK. STDAWARE DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE TESTING CENTERS ON ITS PLATFORM.

4. Testing Centers

Testing Centers listed on the STDAware Platform are licensed medical testing laboratories. Any opinions, advice, or information expressed by any Testing Center personnel are those of the individual and the individual alone and they do not reflect the opinions of STDAware. We do not recommend or endorse any specific information, products, procedures, opinions, or other information that may be listed on the STDAware Platform or by a Testing Center. The inclusion of Testing Centers on the Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Testing Centers and STDAware is that of independent contractors.

You agree that you are solely responsible for interactions with Testing Centers. To the extent permitted under applicable laws, you hereby release STDAware from any and all claims or liabilities related to any product or services of Testing Centers, any action or inaction by Testing Centers, including Testing Centers' failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY TESTING CENTERS IS PROVIDED ON AN "AS-IS" BASIS AND FIRST AMERICAN SERVICE GROUP, INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TESTING CENTERABILITY AND FITNESS FOR PARTICULAR PURPOSE. FIRST AMERICAN SERVICE GROUP, INC. SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT TESTING CENTERS ON STDAWARE. IN NO EVENT SHALL STDAWARE ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY TESTING CENTERS.

5. Testing Center Content

Testing Centers may be able to send you text, comments, or other content (“Testing Center Content”) via the Platform. The Testing Center Content provided by any Testing Centers represents the opinions and judgments of the respective independent information provider. STDAware neither endorses nor is responsible for the accuracy or reliability of any Testing Center Content including any opinion, advice, or statement made on or through using the STDAware Platform. When you receive any Test results please contact your health care professional for advice and opinions regarding such Tests. You agree that under no circumstances will STDAware be liable for any loss or damage caused by any Testing Center’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Testing Center Content available through the STDAware Platform. If you have any questions regarding Testing Center Content please contact your physician or healthcare provider.

6. Healthcare Consultant

Healthcare Consultants listed on the STDAware Platform are licensed medical professionals. Any opinions, advice, or information expressed by any Healthcare Consultant individuals are those of the individual and the individual alone and they do not reflect the opinions of STDAware. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the STDAware or by a Healthcare Consultant. The inclusion of Healthcare Consultant on the Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Healthcare Consultant and STDAware is that of independent contractors.

Whenever we use the words "your physician," “your medical practitioner,” "your doctor," "healthcare provider" or similar words on STDAware, including this Agreement, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the state that you reside. STDAware is not "your" doctor, physician, medical practitioner, or healthcare provider. Aside from consulting with any Healthcare Consultant, it is important that you also receive a medical opinion from your own personal doctor. Consultations with Healthcare Consultant are not a substitute for in-person diagnosis, treatment, and screening.

You agree that you are solely responsible for interactions with Healthcare Consultant. To the extent permitted under applicable laws, you hereby release STDAware from any and all claims or liabilities related to any product or services of Healthcare Consultant, any action or inaction by Healthcare Consultant, including Healthcare Consultant' failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTHCARE CONSULTANT IS PROVIDED ON AN "AS-IS" BASIS AND FIRST AMERICAN SERVICE GROUP, INC. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. FIRST AMERICAN SERVICE GROUP, INC. SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTHCARE CONSULTANT ON STDAWARE. IN NO EVENT SHALL FIRST AMERICAN SERVICE GROUP, INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTHCARE CONSULTANT. The use of STDAware by any entity or individual to verify the credentials of Healthcare Consultant is prohibited.

7. Healthcare Consultant Content

Healthcare Consultant may be able to send you text, comments, or other content (“Healthcare Consultant Content”) via the Platform. The Healthcare Consultant Content provided by any Healthcare Consultant represents the opinions and judgments of the respective independent information provider. STDAware neither endorses nor is responsible for the accuracy or rseliability of any Healthcare Consultant Content including any opinion, advice, or statement made on or through using the STDAware Platform. You agree that under no circumstances will STDAware be liable for any loss or damage caused by any Healthcare Consultant’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Healthcare Consultant Content available through the STDAware Platform. If you have any questions regarding Healthcare Consultant Content please contact your physician or healthcare provider.

8. HIPAA

In order for Healthcare Consultant to use the Platform and to communicate with you, both STDAware and Healthcare Consultant may require access to your protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). By using our Platform, you agree that we may collect, store, access, and transfer your PHI in order to facilitate services via the Platform. You agree that we may transfer your PHI to third parties to fulfill any services that you request. Your PHI will be used and disclosed in accordance with our Privacy Policy. If you have any questions regarding your PHI, please contact us at customerservice@stdaware.com.

9. Signing Up For STDAware

Users may be required to register before accessing the Platform. Users may only sign up for themselves and must be over the age of 18. By using our Platform you represent and warrant that you have the right and capacity to enter into this Agreement and all information you have provided is truthful, accurate, and correct. Users are solely responsible for the safety of their account and their password. We reserve the right to reject any user or any Testing Center from signing up to our Platform for any reason and at any time.

10. Use of STDAware

When using our Platform, you are responsible for your use of STDAware, and for any use of STDAware made using your account. You agree not to access, copy, or otherwise use STDAware, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by STDAware. Additionally, you agree to abide by the following:

  • You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform to extract data;
  • You will not use automated bots or other software to send more messages through our Platform than humanly possible;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not collect or harvest any personally identifiable information, including account names, from the Platform;
  • You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Platform;
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree that you will not hold STDAware responsible for your use of our Platform;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to STDAware;
  • You agree not to interfere with or disrupt the Platform;
  • You agree not to hack, spam or phish us or other users;
  • You agree to provide truthful and accurate content;
  • You agree to not violate any law or regulation and you solely are responsible for such violations;
  • You will not use our Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine or app store; or
  • You will not upload any content to our Platform that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of our Platform but STDAware reserves the right to suspend or terminate any account at any time without notice or explanation.

11. Your Content

Your ability to submit or transmit any information through the Platform, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted.

When you submit any Content to us, you grant STDAware, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.

12. Platform Access And Availability

Although we will try to provide continuous access to the Platform, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We have no obligation to provide you access to the Platform, and may discontinue your access to the Platform at any time and at our discretion. You understand and acknowledge that due to circumstances both within and outside of the control of STDAware, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. STDAware may discontinue disseminating any portion of information or category of information at its sole discretion.

Only users who are eligible to use our Platform may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Platform will work as stated, or that it will give you the desired results. You acknowledge that, although the Internet and mobile applications are often a secure environment, sometimes there are interruptions in service or events that are beyond the control of STDAware and that we shall not be responsible for any data lost while transmitting information on the Internet.

13. Modification Of Platform

We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

14. Platform Disclaimer

Please be aware that our Platform and any information found within it are offered “as-is.” STDAware does not endorse and may not verify any of its users or any User Content or Testing Center Content submitted by users found through the STDAware Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from STDAware with respect to such actions or omissions.

15. Intellectual Property

The design of the STDAware Platform along with created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to STDAware, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. STDAware reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission. All other trademarks or other intellectual property rights of third parties not owned by STDAware that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by STDAware.

16. Purchasing Tests

Once you have properly signed up for the Platform you may purchase any Test offered via the STDAware Platform. For any Test you purchase, you are agreeing to purchase such Test with the terms, restrictions and conditions listed in this Agreement and as listed by the Testing Centers.

Any information contained within the Test or listed at the time of sale of the Test is not to be considered a medical consultation or diagnosis. An independent Testing Center from whom you have purchased the Test shall solely determine your ability and eligibility to use the Test. Once you have placed your order, you will receive a confirmation of the Test and your credit card or other payment mechanism will be charged for the amount of the Test. Please be aware that, each Test comes with its own set of restrictions, terms and conditions (collectively, the “Additional Terms,” whether or not they are expressly labeled as such on a Test). The Additional Terms may restrict things such as when or where you can redeem a Test, as well as other Test-specific limitations, so always read carefully.

By purchasing anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us.

17. Expiration Dates

Please be aware that Tests may contain expiration dates failure to redeem the Test by the expiration date may result in the Test being non-redeemable.

18. Testing Center is the Issuer Of Test

The Testing Center is the issuer of the Test and is solely responsible for redeeming the Test. The Testing Center is also solely responsible for the products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Test or not, as well as for any unclaimed property liability arising from the Test itself. You hereby irrevocably waive all rights related to, and release STDAware and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Testing Center in connection with your use of a Test or the services or products the Testing Center has provided. Some Tests are not available in certain geographical and jurisdictional boundaries.

19. Pricing Information

As the Platform may contain many offerings from Testing Centers, it is possible that some of the products listed may be incorrectly priced, improperly labeled, or may be unavailable. STDAware strives to provide accurate pricing information regarding the products and services available on the Platform. We cannot, however, insure against pricing errors. STDAware reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Platform as a result of an error. If this occurs, STDAware will notify you by email. In addition, STDAware reserves the right, at its sole discretion, to correct any error in the stated full retail price. STDAware reserves the right, in its sole discretion, to exclude or otherwise limit the sale of Tests.

20. Refunds

Any purchased but unused Tests are fully refundable within forty-eight (48) hours of purchase. After such 48 hour period any unused Tests will be refunded minus a twenty percent (20%) cancellation fee. After fourteen (14) days from the date of the Test purchase, all Tests used or unused shall be non-refundable. If you have used a Test or had a lab sample collected by a Testing Center, your purchased Test shall not be eligible for any refunds. If you feel that you are entitled to a refund please contact us immediately at customerservice@stdaware.com. If a refund is available, such refunds must be issued by STDAware and not the Testing Center. Please understand that we have the final and sole discretion in issuing any refunds for any Tests purchased.

21. Disputes Between Testing Center and User

Except as provided for below, where there is a dispute between Testing Center and any users, such disputes must be settled solely between the user and the Testing Center. STDAware is not a party to such disputes and cannot be involved in its resolution. Where there is a dispute regarding the purchase or refund of a Test, STDAware shall in good faith attempt to mediate such dispute between Testing Center and user. If such mediation fails, Testing Center and user agree to settle such dispute separately and without the involvement of STDAware.

22. HIPAA And Patient Authorization

Where required, STDAware shall abide by all relevant patient privacy laws as required by HIPAA or other state or federal laws. User agrees that, he or she may be required to provide patient authorization in order for the Testing Center to provide the Test results to the user via the STDAware Platform. Failure by user to provide such authorization may result in the delay of delivering user’s Test results.

23. Representations And Warranties

PLATFORM INCLUDING, WITHOUT LIMITATION, ALL SERVICES, OUR CONTENT, USER CONTENT, OR TESTING CENTER CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER STDAWARE, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, PLATFORM, OR WEBSITE; (B) ANY USER CONTENT OR TESTING CENTER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO STDAWARE OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TESTING CENTERABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

STDAWARE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. STDAWARE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. STDAWARE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND STDAWARE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM. STDAWARE DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH STDAWARE.

24. Limitation Of Liability

YOU AGREE THAT THE STDAWARE PLATFORM IS MEANT FOR ONLY GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL STDAWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, USER CONTENT, OR HEALTHCARE CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, (V) YOUR INTERACTIONS WITH ANY TESTING CENTER OR ANY FAILURE OF ANY TESTING CENTER INFORMATION LISTED ON OUR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR PLATFORM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PLATFORM WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE REQUIRED, STDAWARE’S LIABILITY IN CONNECTION WITH YOUR USE OF THE STDAWARE PLATFORM SHALL NOT EXCEED ONE-HUNDRED USD OR THE TOTAL AMOUNT PAID BY THE USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, WHICHEVER IS GREATER. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

25. Release

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY USER CONTENT, TESTING CENTER CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.

26. Indemnity

You agree to defend, indemnify and hold harmless STDAware, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the STDAware platform;
  • Your interactions with Testing Centers;
  • Your violation of any term of these Terms Of Use; or
  • Any claim that your actions have harmed a third party.

This defense and indemnification obligation will survive this Agreement and your use of the STDAware Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

27. Copyrights

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of STDAware, customerservice@stdaware.com.

28. Age Compliance

STDAware and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.

29. Arbitration and Class Action

By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, First American Service Group, Inc. or the Platform arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Las Vegas, NV, or at such other location as may be mutually agreed upon by you and STDAware, Inc.; (3) the arbitrator shall apply Nevada law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or First American Service Group, Inc.’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible STDAware shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor First American Service Group, Inc. shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Clark County, NV.

30. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

31. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with STDAware are deemed to conflict with each other’s operation, you agree that STDAware shall have the sole right to elect which provision remains in force.

32. Non-Waiver and Miscellaneous

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Except as stated otherwise, this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect.

33. Termination

We may terminate your use and access to our Platform if you have breached this Agreement, we determine in our sole discretion that your actions may harm STDAware, or for any other reason without notice. You agree that we are not required to provide you with access to our Platform and may terminate our Platform at any time and for any reason. Please be aware that if we terminate service, you must cease using our Platform immediately. You may terminate this Agreement and your license by simply deleting the Platform or by notifying us in writing that you no longer wish to use the Platform. Any outstanding payments due and owning by you must be paid in full before terminating this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

34. Additional Agreements

This Agreement supersedes all previous contracts or agreements between STDAware and user. However, users may be required to enter into additional agreements in order to provide all services to the user. Where such additional agreements conflict with this Agreement, this Agreement shall control and supersede such additional agreements.

35. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

36. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. In order to continue using our Platform you will have to agree to these new amendments. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Platform.

37. Electronic Communications

The communications between you and STDAware use electronic means, whether you visit the Platform, via text or e-mails, or whether STDAware posts notices on THE Platform or communications with you via e-mail or text. For contractual purposes, you (1) consent to receive communications from STDAware in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that STDAware provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

When you use the STDAware, you agree that STDAware may send you automatically via e-mail, text, or mobile telephone reminders that contain protected health information as defined under HIPAA. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure.

38. Export Controls

The Platform and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

39. Third Party Websites and Location Information

You may be able to visit third party websites from our Platform. STDAware does not endorse or otherwise represent that such third party sites will be error free or harmless. Location information provided by the STDAware Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

40. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about STDAware must be sent to our agent for notice to: customerservice@stdaware.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Updated: June 6, 2016

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