These Conditions of Sale ("Conditions") will apply to every Order you place with See Disease, LLC, a North Carolina limited liability company (the “Company" or "we" or "us") for the purchase of our Test Kits online, over the phone or curbside, and/or Services you place with us via our https://www.seedisease.com/ or https://www.tigertest.com/ with these sites and any subdomains referred to collectively as the "Website". As part of the Services we process your personal data or personal information. Please see our Privacy Policy at [https://www.seedisease.com/privacy-1] for further details. For the purposes of these Conditions, an Order means an offer by you via our Website to purchase a Test Kit and the corresponding Services.
The Company allows individuals, in their personal capacity, or anyone else who is authorized to make a purchase (e.g. a family member) to create an account on our Website, purchase a Test Kit, submit a test to us for processing by one of our laboratory testing facilities. Our Test Kit has received Emergency Use Authorization from the Federal Drug Administration and subject to availability will be available for purchasing as provided for herein.
These Conditions supplement any other terms and conditions supplied or made accessible to or for you in connection with the purchase of a Test Kit and use of our Service. These Conditions are fully incorporated into our Website Terms of Use available at https://www.seedisease.com/terms-of-use.
YOUR PURCHASE OF A TEST KIT OR USE OF OUR SERVICE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND REPRESENT A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU. BY PLACING AN ORDER FOR TEST KITS AND/OR USE OF OUR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT(1) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS; (2) YOU RESIDE IN THE UNITED STATES; (3) ALL INFORMATION THAT YOU HAVE PROVIDED TO US IS ACCURATE AND COMPLETE AND IN NO WAY MISLEADING GIVEN THE CONTEXT; AND (4) YOU ARE EIGHTEEN (18) YEARS OR OLDER. IF YOU DO NOT AGREE OR MEET WITH ANY OF THESE CONDITIONS, DO NOT PURCHASE THE TEST KITS OR USE OUR SERVICES.
When you purchase the Test Kits and Services and access the Website, you confirm (i) that you are 18 years of age or older; (ii) that you are resident of the United States and in a location where we will send test kits and accept biological samples and you are accessing the Website from an IP address in one of the fifty (50) states in the United States only; (iii) that you are using the Website in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to access your account on the Website, or otherwise impersonate or otherwise suggest they are you in order to take a Test, seek Results, and otherwise use our Services; (v) that your use of the Website, the Test Kits and the Services is for your own personal benefit and not for commercial purposes or to otherwise provide the Test Kits or Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If we learn or have reasonable grounds to suspect that any information you provide is untrue, inaccurate, non-current, misleading or incomplete, then we have the right to terminate or refuse any and all current or future access, sale, or use of the Services and/or Test Kits (or any portion thereof), and you may be further liable for providing such information.
In order for us to process your purchaser (each, an “Order”), you must complete the submission process which requires you to: (i) provide us with personal information including your name, email address, the delivery address for your Test Kit (unless you obtain your Test Kit curbside or otherwise in-person), and (iii) confirm that we may make Results available to you through your account accessed via our Website.
(a) Unless otherwise noted, the prices listed for the Test Kits reflect a single combined payment for the (i) Test Kits; (ii) standard delivery and return of the Test Kit to the address provided by you; (iv) provision of the laboratory services to produce the Results; and (v) displaying the Results on your account. On top of the prices listed you also agree to pay any applicable sales or use taxes (to the extent applicable) in advance.
(b) By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled until you are able to resolve the payment issue.
(c) The Company and its Affiliates that may provide Services may be an out of network facility with your insurance provider.
(d) You authorize any holder of medical information about you to release to the insurance company or Centers for Medicare and Medicaid Services (CMS), and its agents any information needed to determine eligibility for benefits or applicable benefits payable for the Test Kit, the Testing itself and the Services (“Assignment”). This Assignment will remain in effect until revoked by you in writing. An electronic copy of this Assignment is considered as valid as an original. In any event, you understand and agree that you are financially responsible for all charges, whether or not paid by any insurance company. Additionally, to the extent any insurance provider sends the payment directly to you for the Services provided, you agree to endorse the insurance check and forward it to the Company, within ten (10) days of receipt. Failure to do so could result in my account being sent to a collections agency and reported to one or more credit bureaus.
(e) I authorize the Company to release the results of this test to the following: the party who paid for the testing, local, state, and federal entities, and its agents, any information needed to comply with the CARES Act or other laws, statutes or regulations (“Authorization”). This Authorization will remain in effect until revoked by you in writing.
(f) An electronic copy of any Assignment and/or Authorization is to be considered as valid as an original. In addition, you understand that regardless of any insurance or employer benefits, you are financially responsible for all charges associated with the purchase of a Test Kit, the Testing and use of the Services related to the foregoing purchase.
(a) When you place an Order for the Test Kit and Services, you will receive an email acknowledging our receipt of your Order. Your Order will be confirmed, and a binding contract formed, once we collect the purchase price and applicable taxes, and shipping costs from your selected payment method accepted by us ("Order Confirmation"). You should review the invoice immediately upon receipt and notify us of any mistake by email to support@seedisease.com; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
(b) All Orders are subject to review. In the event that a confirmed order is not accepted, a refund will be issued for any paid fees.
(c) All Orders for Test Kits and Services on our Website are subject to availability. If we accept your Order, we reserve the right to notify you at any time before delivery of the unavailability of the Test Kit. You can then cancel the Order and we will refund you all money paid in full.
(a) Test Kits ordered on our Website or over the phone are normally dispatched within two (2) business days of Order Confirmation to the delivery address you provide during the Order submission process, but delivery times may vary. We may be unable to change the delivery address after the Order Confirmation.
(b) Delivery dates and availability of Results are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence. A Test Kit may be shipped by us to the agreed delivery address in advance of any scheduled delivery date.
(c) Risk of loss in a Test Kit passes to you upon delivery of the Test Kit to the agreed delivery address.
(d) If you receive a damaged or faulty Test Kit, or if certain items are absent from the Test Kit, then please send us an email within seven (7) days of receipt of the Test Kit at support@seedisease.com containing the following information: your Order Confirmation number and description of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement Test Kit to be sent to you as soon as possible; provided, you may incur a replacement kit fee, plus shipping and handling fees.
(a) Unless, otherwise required by state or federal law, for health protection reasons, no Test Kit cancellations can be accepted after such Test Kit has shipped.
(b) Where you place Order through our Website or over the phone and if your Test Kit has not shipped, then you may cancel your Order by contacting us at support@seedisease.com. In such case, we will reimburse you all payments received as soon as practicable, but not later than fourteen (14) days from the cancellation date using the same means of payment as you used for the initial payment.
(a) By sending us the Test Kit or any Sample, you are formally providing your consent to undergo the related test. You agree that before proceeding with any test, you will read all relevant information provided in these Conditions, the TOU, and the Privacy Policy on the Website, and in any packaging. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
(b) Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or Results provided as part of the Services will be entirely or 100% accurate. As such, repeat testing may be required. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information.
(c) You acknowledge that the Results do not constitute a definitive result or diagnosis. As with all screening tests, in a small number of cases there can be incidences of “false positive” and “false negative” results (see Results below for more information).
(d) In some events, an employee or contractor of The Company may contact you regarding a test result, Test Kit or Service. Such contact, and any discussions relating to it, are provided as a courtesy and not as part of the diagnosis or treatment of any disease or to be considered the practice of medicine, nursing or any other profession. In all events, seek the advice of a licensed clinician should you have any questions about tests or test results.
(e) Any failure to comply with your obligations as outlined in this Section 10, particularly with regard to re-testing is entirely your responsibility.
(f) You acknowledge and agree:
( i) to take note of the Incubation Periods, information in relation to which is included on the Website. “Incubation Period” means the period of time, from an exposure to an infection to the time an infection becomes detectable within a person's body. NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE COVID-19 IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE.
(ii) AS WITH ALL SCREENING TESTS, IN A CERTAIN NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE RESULTS. YOU ACKNOWLEDGE THAT THE COVID-19 PCR TEST KIT MAY NOT BE EFFECTIVE FOR MUTATIONS OF THE VIRUS.
(a) When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Test Kit. If you do not provide an adequate Sample, utilize the Test Kit in a manner that is contraindicated or not consistent with any instructions, or do not return the Sample within the instructed timeframe, we may not be able to provide you with the Test Results. Further, failure to return the Sample within the timeframe set forth in the Test Kit instructions may result in inaccurate and unreliable readings of the Sample
(b) To register a Test Kit, go to the "Activate Kit" section of the Website, sign into your account (or create an account if applicable) and provide the code from the Test Kit as requested.
(a) To register a Test Kit, sign into your account (or create an account if applicable) and provide the Test Kit information as requested. You will be sent an email notifying you when the Results are available for viewing in your account.
(b) With respect to Results that are “detected” (i.e. positive), the Services may include receiving a phone call from one of our staff in order to provide relevant information and to recommend or discuss any follow-up with a licensed healthcare provider who can offer support to the user.
(c) If you have concerns with the Results you should consult with your physician or another licensed healthcare professional or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services.
(d) Results from your Test will tell you whether COVID-19 was:
(i) "Detected" – You tested positive for COVID-19 at the time of collection;
(ii) "Not Detected" -- You tested negative and do not appear to be infected with COVID-19 at the time of collection; or
(iii) "Inconclusive" -- Your sample was inconclusive or we were unable to conduct our standard testing procedures. In such instance you will be notified and provided with an opportunity to purchase a new Test Kit for retesting.
(iiii) “Rejected” – Your sample was rejected for one of the below possible reasons. This list is not all inclusive list. In such instance you will be notified and provided with an opportunity to purchase a new Test Kit for retesting.
(a) No Sample;
(b) Colored Sample – e.g. evidence of early eating/ drinking;
(c) Improper Sample Type or collection; or
(d) Any other issue reasonably determined by us.
(e) It is important to note that with any test there are instances that reflect a “false positive” (i.e. your results report that you are infected with COVID-19 when you really are not) or a “false negative” (i.e. your results report that you are not infected with COVID-19 when you really are). A false positive or false negative can occur for a wide variety of reasons including, without limitation:
(i) It is too early in infection for the test to detect the virus (False Negative); or
(ii) There was a problem with your sample you provided or with the Test itself.
Please be advised that a false negative (i.e. your results report that you are not infected with COVID-19 when you really are) is more likely to occur if your sample was not shipped back to our laboratory on the same day it was collected.
(f) If your Results are negative and you are having symptoms as reflected on the Center for Disease Control’s (“CDC”) website (found at https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html), continue to isolate following CDC guidelines and ask your healthcare provider if you need further testing.
(g) If your Results are negative and you do not have any symptoms, you should continue to monitor for any symptoms up to fourteen (14) days after your last possible exposure. It is important to note that there are instances where a person is infected with COVID-19, but is asymptomatic (i.e. fails to show symptoms). As such, please be mindful during the fourteen (14) day period referenced above.
NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR COVID-19 IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE COVID-19 OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU RECEIVE.
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