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Last updated: August 6th, 2024
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IMPORTANT: IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Web3 Business Management Services LLC (referred to as “Web3 Diagnostics,” “we,” “us,” or “our”) owns and operates the website located at www.Web3Diagnostics.com (the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Web3 Diagnostics, and any affiliated website, software, or application owned or operated by Web3 Diagnostics (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor; and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding the use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact the Customer Support Team if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Your access to and use of the Service is governed by this Agreement and all applicable laws and regulations. If you do not fully accept and agree to be bound by this Agreement, you are prohibited from accessing, registering with, or using the Service, except as necessary to review the terms herein. The Service is continuously evolving, and we reserve the right to modify or remove any part of this Agreement or the Service at any time, without prior notice. Any changes to this Agreement will take effect immediately upon posting on the Platform. Unless stated otherwise, any new features or Content added to the Service will also be subject to this Agreement upon posting. If you disagree with any part of this Agreement, your only recourse is to discontinue using the Service. Your continued use of the Service after changes to this Agreement are posted constitutes your acceptance of the updated terms.
Web3 Diagnostics (“Web3,” “we,” “us,” or “our”) offers various services through its platform, including access to diagnostic lab services. These services are fulfilled through partnerships with Evexia Diagnostics (“Evexia”) and its network of laboratories (collectively, the “Labs”). Evexia serves as our primary data exchange partner, holding accounts with multiple Labs, and is responsible for processing the lab tests ordered via our platform. By using the Service, you acknowledge and agree that your lab tests may be processed by any of the Labs as facilitated by Evexia.
Additionally, Web3 collaborates with Medical Providers who may either be contracted directly through us, onboarded by our business clients, or provided via Evexia's network of clinicians. These Medical Providers are responsible for reviewing and signing off on lab requisitions. Each Medical Provider operates independently under their own privacy practices and is bound by HIPAA and other applicable regulations. Web3 does not control the practice of medicine and is not responsible for the medical decisions made by these Medical Providers.
Stripe is our payment processor, managing all transactions on our platform. Your payment information is handled securely in compliance with applicable data protection laws, and Stripe's privacy practices are integral to our payment processing services.
By using our Service, you establish a direct relationship with Web3, including the purchase of any non-medical services or products. In this context, you may provide us with personal and health information that will be used in accordance with our Privacy Policy.
Please refer to our Privacy Policy for more details on how your data is handled, and the specific roles of our partners like Evexia, the Labs, Medical Providers, and Stripe in the processing of your information.
Web3 Diagnostics and its affiliated Medical Providers are not enrolled with, nor are they participating providers in, any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of diagnostic lab services or related healthcare services. As such, neither you, Web3, nor the Medical Providers may receive payment from these programs for the services or products provided through our platform. Additionally, even if any of the Labs associated with Evexia or other entities we partner with are enrolled in federal or state healthcare programs, the nature of the services offered through Web3 typically precludes these from being covered benefits under such programs.
By choosing to use the Service, you explicitly agree to obtain services and products on a cash basis outside of any federal or state healthcare program. This means you are solely responsible for the full cost of any services or products provided to you through the Service.
By agreeing to use the Service, you acknowledge and agree that (1) you are choosing to obtain services and products on a cash basis, and you bear full financial responsibility for these costs; and (2) neither you, Web3 Diagnostics, the Labs, Evexia, nor the Medical Providers will submit any claim for reimbursement to federal or state healthcare programs for the costs associated with the services and products you receive through the Service.
Certain products and services offered through Web3 Diagnostics are available on an automatically renewing subscription basis. For these subscription-based products and services, your payment method will be automatically charged at regular intervals as specified during the checkout process until you cancel the subscription. To ensure continuous service, your first renewal may be processed early, and subsequent renewals may be charged and shipped up to two (2) days early to accommodate holidays or operational needs. Web3 Diagnostics and/or the Medical Providers may occasionally reach out to you via the Service to update your information and facilitate ongoing subscriptions.
You may cancel your subscription at any time by contacting our support team through your online account or by emailing admin@Web3Diagnostics.com. Cancellations will take effect at the end of the current subscription period. Your subscription will automatically renew for another period unless you cancel at least two (2) days before the renewal date. Refunds for partially used subscription periods are generally not offered, though exceptions may be made at our sole discretion. We may also allow you to pause your subscription for a specified period. If you do not cancel before the end of the pause period, your subscription will automatically resume.
To simplify your experience, you will see and pay a single “total” subscription price. If your subscription product requires consultation with a Medical Provider, includes a lab service, or involves other medical-related services, the total price will include charges for the Service, amounts collected on behalf of and paid to Medical Providers, and the Labs, as applicable.
Certain laboratory products and services available through the Web3 Diagnostics platform, including at-home testing kits, require a valid prescription or order. You can order these services directly through our platform without the need for a consultation with a provider, making it easy and convenient to access the tests you need.
Currently, all laboratory products and services offered through our platform must be ordered and fulfilled exclusively through our partner, Evexia Diagnostics, and their network of Labs. These services are not available through local laboratories outside of this network. When you receive laboratory products or services through the Web3 platform, the applicable testing materials are shipped to you directly by the relevant Lab, and the costs associated with these services are included in the total amount charged by Web3 Diagnostics.
Please note that all laboratory products and services available through our platform are considered “Third-Party Goods and Services,” as described in the Third-Party Goods and Services section of this Agreement.
Our Service is currently available to individuals who are located in the United States and are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence, if higher than eighteen (18). By accessing, registering with, or using the Service, you represent and warrant that you meet these age requirements, that you have accepted this Agreement, and that you will use the Service in compliance with all applicable laws.
Our Service is subject to state regulations, and availability may change over time due to shifts in regulatory requirements. Some diagnostic services or products offered through the Service may have additional age restrictions, and not all offerings are available to all age groups.
Please note that certain diagnostic needs may require in-person consultation or services that cannot be addressed through our platform. If our Service is not appropriate for a specific issue, you will be notified, and guidance on next steps will be provided.
The use of telehealth in delivering diagnostic services involves electronic communications, information technology, or other means between a licensed provider and a patient who are not in the same physical location. While telehealth offers the convenience of remote diagnostics, it is important to recognize that it is not a substitute for in-person care in all cases. By using the Service, you consent to the use of telehealth for receiving diagnostic services, understanding the potential benefits and risks associated with it.
You are responsible for maintaining the necessary software and hardware (e.g., a computer or mobile device with a video camera and Internet access) to use the Service. Any fees incurred for accessing the Service, such as Internet or mobile data fees, are your responsibility. Additionally, you are required to provide truthful, accurate, and complete information in any forms or communications you submit via the Service. We reserve the right to modify access configurations, including software, hardware, or other Service requirements, at any time without prior notice.
Web3 Diagnostics recognizes the importance of confidentiality and privacy regarding your personal information. Please refer to our Privacy Policy for a detailed explanation of how we collect, use, and disclose your personal information.
When you create an account with Web3 Diagnostics, you establish a direct relationship with us, enabling you to access various functions of our Service. In this relationship, you may provide information, such as your name, email address, shipping address, and phone number, which we collect, use, and disclose according to our Privacy Policy. This information is generally not considered "health" or "medical" information.
However, when using certain components of our Service, you may provide health-related information that could be protected under applicable laws. Web3 Diagnostics is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Nonetheless, some of our partners, such as Evexia Diagnostics, Labs, and Medical Providers, may be considered "covered entities" or "business associates" under HIPAA. While state-specific privacy laws may apply, HIPAA does not necessarily apply to Web3 Diagnostics simply because health information is involved. However, in situations where Web3 Diagnostics is deemed a "business associate," we may be subject to specific HIPAA provisions concerning "protected health information" (PHI) that you provide.
In addition, any medical or health information subject to state-specific protections, along with PHI, will be used and disclosed only in accordance with the applicable laws. Information that does not qualify as Protected Information under these laws may be used or disclosed according to our Privacy Policy. De-identified information, as defined by HIPAA, is not considered Protected Information.
Our Medical Providers adhere to a Notice of Privacy Practices, which outlines how they handle Protected Information. By using the Service, you acknowledge receiving this notice from your Medical Provider.
By using Web3 Diagnostics' Service, you agree that even if HIPAA applies to Web3 Diagnostics or our partners, any information you submit that is not specifically used for diagnostic purposes is not considered Protected Information and is governed by our Privacy Policy and applicable state laws.
To access the Web3 Diagnostics Service, you are required to register and set up an account on our platform, which includes creating a username and password. The information you provide during registration, such as your name, username, email address, shipping address, and phone number, is not considered Protected Information as defined in the Protected Health Information section. You agree to maintain accurate and up-to-date information. Failure to do so, or providing false or incomplete information, may result in the suspension or termination of your account and access to the Service.
You are responsible for immediately notifying Web3 Diagnostics of any unauthorized use of your username, password, or any other security breach. It is also your responsibility to keep your username and password confidential and to log out of your account at the end of each session. Web3 Diagnostics disclaims liability for any losses or damages resulting from your failure to comply with this section. You are prohibited from using anyone else's account at any time.
To protect the privacy of the data you transmit through the Service, we use encryption technology, such as Secure Sockets Layer (SSL). However, please note that the Service operates on software, hardware, and networks that may require maintenance or experience security breaches beyond our control. You must take care to secure your computer, phone, or other devices to prevent unauthorized access to your account.
You are expected to exercise caution, good sense, and sound judgment in using the Service. Any attempts to violate the security of the Service may result in criminal and/or civil penalties. Web3 Diagnostics may investigate any suspected violations and cooperate with law enforcement agencies if a criminal violation is suspected.
The Service and the Content available through Web3 Diagnostics are protected by copyright laws worldwide. Subject to this Agreement, Web3 Diagnostics grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified in a separate license, all rights to the Service and Content are reserved by Web3 Diagnostics. You acknowledge that Web3 Diagnostics and its suppliers own all rights, title, and interest in the Service, including but not limited to, computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, audiovisual effects, and documentation. You agree not to remove, alter, or obscure any copyright, trademark, or proprietary rights notices incorporated in or accompanying the Service. Web3 Diagnostics’ name, logos, service marks, and trade names used on or in connection with the Service are trademarks of Web3 Diagnostics and may not be used without permission. Other trademarks that may appear on or in the Service are the property of their respective owners.
Subject to any limitations on Protected Information described below, any information you transmit to Web3 Diagnostics via the Service, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will be treated as non-confidential and non-proprietary to the extent permitted under applicable law. Subject to your account settings, you grant Web3 Diagnostics a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purposes of operating and providing the Service. You warrant that you have the right to grant this license and that the holder of any intellectual property rights in the Submissions has waived all such rights. You agree that you, not Web3 Diagnostics, are responsible for all Submissions you provide. Web3 Diagnostics may edit, duplicate, or alter the Submission for any purpose deemed necessary, and you irrevocably waive any moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains Protected Information, Web3 Diagnostics’ rights under this section with respect to the use or disclosure of such Protected Information will be limited to the extent required by applicable law.
You are prohibited from using or attempting to use the Service: (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) in any manner that could interfere with any other party’s use and enjoyment of the Service; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by Web3 Diagnostics to be made accessible to a user; (vi) to obtain any materials or information through any means not intentionally made available by Web3 Diagnostics; (vii) to reverse engineer, disassemble, or decompile any section or technology on the Service; or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or inappropriate concerning race, gender, sexuality, ethnicity, or other intrinsic characteristics, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Web3 Diagnostics representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another’s computer or property; (e) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national, or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring, or similar navigational technology; (l) probe, scan, test the vulnerability of, or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions, or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute, or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Web3 Diagnostics reserves the right to take any lawful actions it deems appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. Web3 Diagnostics may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, Web3 Diagnostics reserves the right, at all times, to disclose any information as Web3 Diagnostics deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Web3 Diagnostics’ sole discretion.
Web3 Diagnostics reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Web3 Diagnostics’ sole discretion, may be illegal, may subject Web3 Diagnostics to liability, may violate this Agreement, or are, in the sole discretion of Web3 Diagnostics, inconsistent with Web3 Diagnostics’ purpose for the Service.
Web3 Diagnostics may offer services or products through the Service provided by third parties, including Evexia Diagnostics, associated laboratories, medical providers, and other vendors (collectively, “Third Parties”). These services or products are referred to as “Third-Party Goods and Services.” Any interactions you have with Third Parties, including purchasing or using their products or services, are solely between you and the Third Parties. Web3 Diagnostics is not responsible for any transactions, terms, conditions, warranties, or representations associated with such interactions.
You should carefully investigate and use your discretion before engaging in any transactions with Third Parties. Web3 Diagnostics disclaims any responsibility or liability for any loss or damage resulting from your use of the Service, Third-Party Goods and Services, or interactions with Third Parties. In any dispute between you and a Third Party, Web3 Diagnostics is under no obligation to become involved, and you agree to release and indemnify Web3 Diagnostics and its affiliates from any claims, demands, or damages arising out of such disputes.
Some of Web3 Diagnostics’ shareholders, directors, officers, employees, contractors, or agents may have financial interests in one or more Third Parties and may profit from your use of their services or products.
All products and services offered by Web3 Diagnostics are subject to availability, and we reserve the right to limit quantities or reject any order without prior notice. In the event of an error, we may correct the error and revise your order or cancel it and refund any charged amounts. Prices are subject to change at any time.
You are responsible for any applicable taxes and fees ("Taxes") related to your purchase. We will collect Taxes where we are legally obligated, but the actual amount may vary from what is shown at checkout. You may be responsible for directly reporting and paying Taxes if we do not collect them.
You must use a valid payment method acceptable to us for all purchases. By using a payment method, you confirm that you are authorized to use it and authorize us to charge it for the total amount of your order, including applicable taxes and fees. If your payment method is declined, we may continue to attempt to process the charge until it is approved. We may also receive and use updated payment card information from your issuer to process future charges. You are responsible for any fees or charges imposed by your bank or card issuer. If a charge is reversed, we may bill you directly and seek payment through other means.
If any products in your order are unavailable, you will only be charged for the products that are included in the shipment. You may be asked to provide certain information related to the transaction, such as payment card details, billing, and shipping addresses, and contact information. By submitting this information, you grant Web3 Diagnostics the right to share this information with third parties for the purpose of facilitating the transaction.
All monetary transactions occur through our third-party payment processing vendors, Stripe and other payment service providers (collectively, "Payment Vendors"). Additional information about these vendors and their privacy policies can be found on their respective websites. Web3 Diagnostics’ relationship with these vendors is strictly contractual, and they are not subject to our direction or control.
You agree to pay any applicable shipping and handling charges displayed at the time of purchase. Shipping and handling charges are subject to change, but you will be notified of any changes before completing your purchase. Estimated delivery dates are not guaranteed, and risk of loss passes to you upon delivery to our designated carrier.
We reserve the right to address customer issues and concerns on a case-by-case basis, considering the specific facts and circumstances of each situation.
Web3 Diagnostics may terminate your use of the Service or any of its features at any time and for any reason without notice. This includes conduct violating this Agreement or if we discontinue the Service. Provisions related to Service security, prohibited activities, intellectual property, user submissions, disclaimers, limitation of liability, arbitration, and indemnity will survive any termination. If terminated, you agree not to attempt to use the Service under any name, and you will indemnify Web3 Diagnostics for any resulting liability if you do.
Except as otherwise required by law, Web3 Diagnostics has no obligation to return any Content, information you provide, or any other information that relates to you before or after termination.
Content provided by Web3 Diagnostics is for convenience and is used at your own risk.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WEB3 DIAGNOSTICS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, NOR DO WE WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERROR.
TO THE FULLEST EXTENT PERMITTED BY LAW, WEB3 DIAGNOSTICS SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, ARISING FROM YOUR USE OF THE SERVICE. WEB3 DIAGNOSTICS' LIABILITY SHALL NOT EXCEED U.S. $1,000.
ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR FROM THE EVENT THAT CAUSED THE CLAIM.
You agree to defend, indemnify, and hold Web3 Diagnostics and any third parties offering products or services through the Service harmless from any claims or liabilities arising from your use of the Service, violation of law, willful misconduct, or breach of this Agreement. We reserve the right to control the defense of any claim, and you agree to cooperate with us as requested.
Any notices to you from Web3 Diagnostics regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, at Web3 Diagnostics' discretion.
When you access or use the Service or send emails or SMS messages to Web3 Diagnostics, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices provided electronically are deemed to be given and received on the date we transmit them.
Web3 Diagnostics respects the intellectual property rights of others and expects users to do the same. It is Web3 Diagnostics' policy to terminate user access to the Service if they repeatedly infringe copyright. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact Web3 Diagnostics with the necessary information, including your contact details, a description of the copyrighted work, and a statement that you have a good faith belief that the use is unauthorized.
This Agreement, along with any other agreements that Web3 Diagnostics may post on the Service or that you and Web3 Diagnostics may execute from time to time, constitutes the entire agreement between Web3 Diagnostics and you regarding your use of the Service. This Agreement supersedes any prior agreements between Web3 Diagnostics and you regarding the Service, including any prior versions of this Agreement.
1. Definitions:
"Web3 Diagnostics" or "we": Refers to Web3 Business Management Services LLC and any subsidiaries, affiliates, or entities controlled by Web3 Business Management Services LLC.
"Dispute": Includes any claim, dispute, or controversy between you and Web3 Diagnostics, including its affiliates, laboratories, medical providers, and partners, whether it arises before or after the termination of this agreement.
"AAA": Refers to the American Arbitration Association, the organization responsible for conducting arbitration under its Consumer Arbitration Rules.
"Batch Arbitration": A process where multiple arbitrations of a substantially similar nature are grouped together for efficiency, overseen by a single arbitrator.
2. Agreement to Arbitrate: You and Web3 Diagnostics agree that any Dispute arising out of or relating to this agreement or the services provided will be resolved through binding arbitration. This arbitration agreement covers all Disputes, including those related to the applicability, enforceability, or validity of any provision of this agreement.
3. Informal Dispute Resolution Conference: Before initiating arbitration, both parties agree to first attempt to resolve the Dispute through an Informal Dispute Resolution Conference. The party initiating the Dispute must provide written notice to the other, including the nature of the Dispute and relevant contact information. The conference must occur within 45 days of the notice, with a good faith effort to resolve the issue.
4. Arbitration Process: Arbitration will be conducted by a single arbitrator from the AAA under its Consumer Arbitration Rules. The arbitration will be confidential, and the arbitrator’s decision will be final and binding. The arbitration will occur in your state of residence or another mutually agreed-upon location. Each party is responsible for its own costs unless otherwise dictated by statute.
5. Batch Arbitration: If multiple individual arbitrations of a similar nature are filed, the AAA will group these arbitrations into batches for efficiency. Each batch will be overseen by a single arbitrator and processed as a consolidated arbitration. This process does not permit class actions or collective arbitrations.
6. Opting Out: You may opt out of this arbitration agreement within 30 days of first agreeing to these terms. To do so, send a written notice to Web3 Diagnostics, including your name, address, and a clear statement of your intent to opt out.
7. Court Proceedings: For disputes involving intellectual property rights or claims of theft or unauthorized use, either party may seek injunctive relief in state or federal courts. Both parties consent to the personal jurisdiction of these courts for such matters.
8. Class Action Waiver: All Disputes must be arbitrated individually. You waive any right to participate in class, collective, or representative actions. The arbitrator may only award relief on an individual basis.
9. Severability: If any part of this arbitration agreement is found to be invalid or unenforceable, the remaining parts will continue in effect.
10. Governing Law: This arbitration agreement is governed by the Federal Arbitration Act. The AAA rules and procedures will apply to arbitration proceedings.
This Service is controlled and operated by Web3 Diagnostics from our offices in Wyoming. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable. Access to the Service from jurisdictions where the contents are illegal is prohibited.
The validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of Wyoming, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. If we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of any part will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and have no legal effect.
Neither this Agreement nor any content, materials, or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Web3 Diagnostics, the Labs, or any associated entities. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any attempt to do so will be null and void. Web3 Diagnostics may, in its sole discretion, assign or transfer this Agreement or any contractual rights and obligations to any affiliate or third party in the event of a business transfer, merger, or sale of assets.
The use of third-party software provided in connection with the Service or any Third-Party Goods and Services accessed through the Service will be governed by the applicable third party’s license or terms of use. Except as set forth in this Agreement, there is no intent to create third-party beneficiary rights, and no third party shall have any right to enforce any rights under this Agreement.
If you have any questions or concerns about this Agreement, please contact us at Web3 Business Management Services LLC, 30 N Gould St Ste N, Sheridan, WY 82801 or via email at admin@Web3Diagnostics.com. We will attempt to respond to your inquiries promptly after we receive them.
