Through the Service, we offer a set of application programming interfaces (“APIs”) that enable Users to access the information and resources set forth on the Site and to communicate directly with the Company.
In consideration of your use of the Service, you agree to be fully responsible for all use of your account and for any actions that take place using your account.
“Provista”, “provistaDx” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries or for which the Company has authority to utilize for its business purposes. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You represent, warrant and agree that no materials of any kind posted, transmitted, or shared by you on the Site or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.In addition, you agree not to use the Site or the Service to:
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- post User Content that does not comply with the requirements and your responsibilities set forth in the preceding section;
- use automated scripts to collect information from or through the Service or otherwise interact with the Site;
- post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
(Collectively, all such User conduct is the “User Conduct”). Any User who violates the User Conduct may have access to the Site and the Service limited or terminated in the Company’s sole discretion.
We respect the intellectual property rights of others, and we prohibit Users from posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of alleged intellectual property infringement, we promptly remove or disable access to the allegedly infringing material and terminate access to the Site of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent and following the procedures set forth below. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA. The DMCA provides a simple procedure for copyright owners to report content that infringes their copyrights. Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a User's content is infringing.To report a copyright infringement by a User, all you need to do is fill out our automated DMCA http://www.copyright.gov/onlinesp/agent.pdf. This form is the fastest way to report a copyright infringement.
If you prefer, you can also send an email to DMCAviolations@provistadx.com. You will need to include all of the notice elements listed in the DMCA at 17 U.S.C. § 512(c)(3). You can also find these elements listed in our automated DMCA form.If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by a User, all you need to do is fill out our automated IP Infringement form
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any User who is deemed to be a repeat infringer. We may also at our sole discretion limit access to the Site and/or terminate the Subscription of any User who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites"), including the web sites of our Company Affiliates, if any, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we do not endorse nor are we responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that we are not responsible for the results or any consequences from such actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Site.
The Service includes certain services that are available via your mobile phone, including (i) the ability to receive and reply to www.provistadx.com messages via email or by telephone or fax (Mobile Messages), (ii) the ability to browse www.provistadx.com from your mobile phone (Mobile Web), and (iii) the ability to access certain www.provistadx.com features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not assess specific charges for simply accessing these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding www.provistadx.com and other entities by email, telephone, fax, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your www.provistadx.com account information to ensure that your messages are not sent to the person that acquires your old number.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User Conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications and Posts. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, Smartphone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, or any interactions between Users of the Site, whether online or offline. THE SITE, THE SERVICE, THE APIs AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR THE APIs. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR THE APIs ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR THE APIs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND THE APIs AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and the APIs offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
USE OF THE SITE AND THE SERVICE ARE PROVIDED “AS IS, WHERE IS”, AS AN ACCOMMODATION, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APIs OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR USE OF THE SITE OR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their respective directors, officers, members, managers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and costs, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you utilize through the Service, your conduct in connection with the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
If you have any questions concerning these Terms, please contact us at firstname.lastname@example.org
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS INFORMED CONSENT. IF YOU DO NOT CLICK “I ACCEPT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.
I, authorize Provista Diagnostics to conduct collection for COVID-19 PCR testing through a nasopharyngeal swab, saliva.
I acknowledge that a positive test result is an indication that I must continue to self-isolate for 14 days to avoid infecting others.
I understand that Buchi Kawaolo is not acting as my Primary Care Provider if I am not an existing patient or a new registered patient. Testing does not replace treatment by my medical provider.
I assume complete and full responsibility to take appropriate action with regards to my test results. I agree I will seek medical advice, care and treatment from my Primary Care Provider if I have questions or concerns, or if my condition worsens. I may also choose to register with GloFusion Clinic to be my Primary Care Provider.
I understand that, as with any medical test, there is the potential for false positive or false negative test results.
HEALTH CONSULTANTS REMOTE CARE SERVICES: TELEHEALTH CONSENT, NOTICES & ACKNOWLEDGEMENTS
Purpose: This authorization allows our Health Consultant partners to contact you in order to provide prescriptions and counseling where applicable.
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS INFORMED CONSENT. IF YOU DO NOT CLICK “I ACCEPT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.
I agree to receive the services provided by Buchi Nwaokolo relating to ordering laboratory tests (“Tests”), including, without limitation, ordering of Tests, test review services, testing, receipt of Test results (“Results”), physician consultations via telemedicine (“Consults”), any customer support or counseling and any other related services provided by Buchi Nwaokolo (the “Services”). All clinical Services, including Services provided by physicians, will be provided through Buchi Nwaokolo.
I understand that Services, including Consults, are delivered by health care providers who are not in the same physical location as I am using electronic communications, information technology or other means, including the electronic transmission of personal health information. I also understand that:
- Buchi Nwaokolo will determine whether or not Test(s) and Services, including any treatment, are appropriate for me.
- For Consults for Treatment Conditions, the scope of services will be at the sole discretion of the physician treating me, with no guarantee of diagnosis, treatment, or prescription. The physician will determine whether or not the condition being diagnosed and/or treated or the Services being rendered are appropriate for a telehealth encounter.
- I have the right to withdraw my consent to the use of telehealth in the course of my care at any time by contacting the Buchi Nwaokolo via email: email@example.com
- I may need to see a health care provider in-person for diagnosis, treatment and care.
- There are potential risks associated with the use of technology, including disruptions, loss of data and technical difficulties.
- There are alternative services, such as visiting a primary care provider, an emergency room, or an urgent care facility; however, I chose to proceed with the Services at this time.
- I understand that if I have any questions before or after my Test, I can contact Buchi Nwaokolo by calling 404-218-8934 or emailing firstname.lastname@example.org
- I authorize Buchi Nwaokolo to use the email address and phone number I provided in connection with my account at the time I purchased my Test(s) (or that I updated by contacting Buchi Nwaokolo Care Coordination Team as described below) to contact me in connection with the Services, including followup after a Consult. I am responsible for contacting Buchi Nwaokolo at 404-218-8934 or emailing email@example.com to notify them of any changes to my mailing address, email address, phone number or other information that I provided in connection with the Services
I understand that testing is voluntary and that I may withdraw my consent to testing at any time prior to the completion of the Test(s) by contacting Buchi Nwaokolo by calling 404-218-8934 or emailing firstname.lastname@example.org.
HIPPA PRIVACY AUTHORIZATION
Purpose: This authorization allows us to share information you provide to us with our partners and allows our partner healthcare providers and laboratories to share your protected health information, including the results of test(s) you order with us.
BY CLICKING ON THE “I HAVE READ AND ACCEPT THE HIPAA AUTHORIZATION” BUTTON ON THE ACCOUNT CREATION PAGE ON THE THRYV PATIENT PORTAL, I INDICATE THAT I HAVE READ THE CONTENTS OF THIS HIPAA PRIVACY AUTHORIZATION AND I HEREBY AUTHORIZE ALL HEALTHCARE PROVIDERS, INCLUDING THEIR PHYSICIANS, STAFF, AGENTS AND DESIGNEES (“HEALTH CONSULTANTS”), AND THE TESTING LABORATORIES, INCLUDING THEIR PHYSICIANS, STAFF, AGENTS AND DESIGNEES (“LABS”) THAT PERFORM SERVICES REQUESTED BY OR CONSENTED TO BY ME, WHICH HAVE A RELATIONSHIP WITH EVERLY WELL, INC. (“COMPANY”), TO USE AND DISCLOSE HEALTH INFORMATION ABOUT ME IN THE MANNER AND FOR THE PURPOSES STATED BELOW.
This authorization applies to the use and disclosure of the following information about me: all information in request(s) submitted by me or for me with my consent and the laboratory test values/results/information which are the result of such request(s).
For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals/organizations and their representatives, affiliates, staff, agents, and designees: (a) Company; (b) applicable Health Consultants and Labs; and (c) other Company partners for the purposes herein and as required or permitted by law.
The information subject to this authorization may be used or disclosed for the following purposes: (a) to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing, and approving test requests and reviewing, processing, and delivering the test values/results); (b) for treatment, health care operations and payment services; (c) to provide me with information and materials on treatment alternatives, health related offerings and services and products which may assist me with health, wellness and overall care or be of interest to me; (d) to conduct statistical research studies; and (e) as required or permitted under applicable state and federal laws. I authorize the use of my personal information for marketing purposes, including providing information about products and services that may be of interest to me.
I may opt to not have my personal information used or disclosed for some of the purposes referenced herein. In order to opt-out, I must provide written notice to the Company as set forth below. I understand that such opt-out may affect the services I have voluntarily elected to receive.
This authorization is evidence of my informed decision to allow the release of my information to the parties referenced herein. This authorization is effective immediately and will expire ten years after the date of this authorization. Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, as permitted by law.
I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization and understand that my refusal may affect the services provided to me. I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and would then no longer be protected by federal privacy regulations.
I may revoke this authorization in writing at any time. I understand that my revocation will not affect any use or disclosure already taken in reliance upon this authorization. My written revocation must be submitted to Company at: Provista Diagnostics., 823 Congress Ave, Austin, TX 78701; Email: email@example.com.
I understand that this authorization may be accepted by someone legally authorized to represent me.
SPECIAL AUTHORIZATION FOR COVID-19 TESTING PROVIDED BY ORGANIZATIONS
If COVID-19 testing is being provided to you by an organization (e.g., your employer or school) on either a voluntary or mandatory basis, then the following additional statements apply and to the extent inconsistent, supersede other provisions of this form. Your acceptance of this HIPAA Privacy Authorization form means you have read, understood and agree to the following:
- Results from the COVID-19 testing, as well as information you provide during registration, will be shared by Company, Health Consultants, and Labs with the organization providing the testing (e.g., your employer or school), as well as third parties (such as your employer’s franchisor or affiliated companies) and entities that provide related support services to the organization. Acceptance of this authorization is required in order to receive the COVID-19 testing provided by your organization.
- Your results and information may be shared to facilitate treatment, for healthcare operations, and for public health activities and for purposes related to the other organizations’ business, including workplace surveillance, related to COVID-19. We will only share the minimum amount of information necessary for these purposes.
- You can opt out of receiving marketing communications from the Company through unsubscribe links available on all such marketing communication.