In most cases, we provide the Services on behalf of the MYTESTRESULTS.NET Customer that is making them available to you. Less frequently, the Services are provided directly by MYTESTRESULTS.NET to Users without the involvement of a MYTESTRESULTS.NET Customer – such as when you try a demo of the product. In both cases, these Terms apply to all uses of our Services. Please read these Terms carefully because they govern your legal relationship with us and your use of the Services.
AGREEMENT TO TERMS
If you wish to use the Services, you will be asked to agree to these Terms. If you do so and then proceed to use the Automated Conversation System or any other aspect of the Services, you are agreeing to be bound by these Terms.
If you visit or use our website, you are also agreeing to these Terms. If you don’t agree with these Terms, you are not permitted to visit or use our website or Services.
ACCESS TO INFORMATION
Please note – The information you provide as a User will be provided to the MYTESTRESULTS.NET Customer that makes the MYTESTRESULTS.NET Services available to you.
On the basis of that information, the MYTESTRESULTS.NET Customer may contact you and/or make decisions about you. Depending on your relationship with the MYTESTRESULTS.NET Customer, these decisions could affect you in different ways. For example, if the MYTESTRESULTS.NET Customer is your healthcare provider, the information you provide through the Services could affect your healthcare provider’s decisions or recommendations about your medical care. If the MYTESTRESULTS.NET Customer is your employer, the information you provide could affect your employer’s decisions about your eligibility or suitability for work or work conditions. If the MYTESTRESULTS.NET Customer is offering you the Services in a different context not related to healthcare or employment, such as screening to determine eligibility or suitability for travel, provision of goods or services, or any other activity or benefit, the information you provide may affect the MYTESTRESULTS.NET Customer’s decisions about your eligibility for such activities or benefits.
NO MEDICAL ADVICE
You understand and agree that MYTESTRESULTS.NET does not provide medical advice, diagnosis, treatment, or prescriptions, either through the Services or in any other way. Our services help you communicate, but we are not your healthcare provider. The Services are not a substitute for professional medical advice, diagnosis, treatment, or prescriptions. Please seek medical advice and treatment only from a healthcare provider, and if you have any questions about any communications you received through the Services, call your healthcare provider, or visit him or her in person. If you think you may have a medical emergency, call your healthcare provider, 911, or other emergency services immediately.
ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED OR OTHER ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
“HIPAA” refers to the Health Information Portability and Accountability Act, as amended, and all regulations issued thereunder.
”User” refers to an individual end user of the MYTESTRESULTS.NET Services. A User may be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided by an entity or company.
CHANGES TO TERMS OR SERVICES
We may modify these Terms at any time. If we make only minor, editorial changes, we will not let you know about the updated Terms when you access the Services. The new Terms will apply to you and the information we have about you. If, however, we make any material changes, we will ask if you consent to the new Terms before you continue to use the Services, and if you decline to consent, the Services might not be available to you.
The current version of the Terms will be dated and posted here.
Because our Services are evolving over time, we may change all or any part of the Services, at any time and without notice to you, at our sole discretion. In addition, we will stop providing the Services if the MYTESTRESULTS.NET Customer providing you the Services asks us to stop.
WHO MAY USE THE SERVICES
You may use the Services only if you are authorized to use the Services by the MYTESTRESULTS.NET Customer, you are legally competent, and you are legally authorized to enter into these Terms. You must also be 13 years of age or older to enter into these Terms. If you are younger than 13 years old, your Personal Representative (usually your parent or guardian) must enter into these Terms on your behalf. (“Personal Representative” has the meaning set forth in HIPAA at 45 CFR 164.502, regardless of whether HIPAA applies to your situation.)
You may use the Services solely for your personal purposes; you understand and agree that any commercial use is strictly prohibited.
Texting/SMS. By giving MYTESTRESULTS.NET or the MYTESTRESULTS.NET Customer your mobile phone number, you are agreeing to receive text messages from MYTESTRESULTS.NET. These communications may be done using automated dialing equipment. Message frequency varies; you may receive multiple messages per day. You acknowledge that message and data rates charged by your wireless carrier may apply and that you will be responsible for any associated costs. You may reply STOP at any time to stop getting future text messages.
Other Communications. You agree that you may receive customer support, account-related, or transactional communications from us or the MYTESTRESULTS.NET Customer by telephone, text, email, or postal mail.
INTELLECTUAL PROPERTY RIGHTS
MYTESTRESULTS.NET and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. MYTESTRESULTS.NET, www.pinnacletrainingsystems.com, and our logo are trademarks belonging to us. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
If you believe that your intellectual property has been copied or is accessible via the Services in a manner that constitutes copyright infringement, please contact us. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512.
You agree that you will not use the Services in any way prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by the MYTESTRESULTS.NET Customer).
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the MYTESTRESULTS.NET Customer or upon the request of the MYTESTRESULTS.NET Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “No Medical Advice,” “Information You Provide,” “Feedback,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” Limitation of Liability,” “General,” and any provisions that, by their nature, should survive termination.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.
You assume total responsibility and risk for your use of the Services and communications made via the Services, including by internet and text message. You understand and agree that any uploads or transmissions through the Services could be intercepted and used by an unauthorized third party and that all the risk associated therewith is solely yours. You also agree that MYTESTRESULTS.NET will have no liability whatsoever for any unavailability of the Services or loss or inadvertent unauthorized use or disclosure of data or mis-delivery or non-delivery of communications caused by system outages or any third-party acts or any other outages involving the Services, internet providers, the internet infrastructure, or any third parties.
LIMITATION OF LIABILITY
NEITHER MYTESTRESULTS.NET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYTESTRESULTS.NETHAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT WILL MYTESTRESULTS.NET TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY CONSEQUENCES, LOSSES, DAMAGES, CLAIMS, OR EXPENSES ARISING FROM THE USE OR NON-USE OF THE SERVICES EXCEED FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE MYTESTRESULTS.NETCUSTOMER AND YOU AND BETWEEN MYTESTRESULTS.NETAND YOU.
INDEMNIFICATION FOR CONSEQUENCES OF USER VIOLATIONS
If you violate these Terms, or we reasonably suspect you have violated these Terms, we may block or suspend your use of the Services, bring legal action against you, and/or report you to law enforcement authorities. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different account.)
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MYTESTRESULTS.NET AND THE MYTESTRESULTS.NET CUSTOMER HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR MISUSE OR ABUSE OF THE SERVICES OR YOUR BREACH OF THESE TERMS. You will cooperate as reasonably required in MYTESTRESULTS.NET defense of any claim. MYTESTRESULTS.NET reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any matter without the written consent of MYTESTRESULTS.NET.
GOVERNING LAW AND JURISDICTION
Except for matters of United States federal law governing intellectual property, these Terms and any action related to the Terms or the Services will be governed by the laws of the State of California without regard to conflict of laws provisions. If applicable, you consent to personal jurisdiction in California courts and venue in Fresno County, California.
You agree that, regardless of any law, any claim you may have against us must be brought within one year after the claim arises or is known or reasonably should have been known to you, or the claim will be forever barred.
AGREEMENT TO ARBITRATE
If you have a complaint, question, claim, or dispute (collectively, “Dispute”) regarding the Services, you are encouraged to bring it to our attention directly. Please contact us and we will address your concerns.
If we are unable to resolve a Dispute ourselves, any Dispute relating in any way to the Terms or Services must be submitted to binding arbitration in Fresno County, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration shall be conducted in accordance with these Terms and the prevailing rules and procedures of the American Arbitration Association. Each party shall be responsible for its own costs and fees, and the joint costs of arbitration shall be shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are giving up (i) any right to pursue claims or have Disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MYTESTRESULTS.NET prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MYTESTRESULTS.NET may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings in these Terms are solely for convenience.
MYTESTRESULTS.NET failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MYTESTRESULTS.NET. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The effective date of these Terms is September 12th, 2021.