Updated: December 10, 2020 v2
- How These Conditions Work
EveryDayRx allows customers to purchase, schedule and access secure laboratory testing from the privacy of their own home. To schedule a test, you must purchase a service from the Site.
YOUR PURCHASE OF A SERVICE CONSTITUTES YOUR AGREEMENT TO THESE CONDITIONS AND THESE CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND US. BY PLACING AN ORDER FOR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS. YOU REPRESENT AND WARRANT THAT ALL INFORMATION THAT YOU HAVE PROVIDED TO US IS ACCURATE AND COMPLETE AND IN NO WAY MISLEADING GIVEN THE CONTEXT. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO PURCHASE AND USE THE SERVICES AND TO ENTER INTO THESE CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, DO NOT PURCHASE THE SERVICES.
Defined terms have the meaning given to them in Section 18 of these Conditions or where defined in the body of these Conditions.
- Modifications of These Conditions
We reserve the right to modify the Services and the rules and regulations governing their use at any time, including, without limitation, these Conditions. Modifications will be posted on the Site and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Services after the date on which these Conditions have changed, we will treat your use as acceptance of the updated Conditions. We may make changes in the Services at any time without prior notice to you.
- Who We Are
The Services are provided by Every1 Group dba EveryDayRx, (“the Company” or “we” or “us” or “our” ) a Texas based company with its primary business address at: 3267 Bee Cave Rd #107-345 Austin, TX 78746.
- PharmacyCare Services We Provide
EveryDayRx provides to pharmacies and their customers a digital platform known as the Pharmacy CareXchange Marketplace, a HIPAA certified site, for the purchasing and scheduling of various tests and procedures, including but not limited to: flu shots, vaccines, condition-specific testing, screening and consultations. EveryDayRx does not promote, sell, or dispense FDA approved pharmaceutical medications or devices on its CareXchange Marketplace Site.
- We Do Not Provide Medical Advice
THE INFORMATION PROVIDED THROUGH THE SITE, THE SERVICES AND TEST INFORMATION ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE SITE NOR THE SERVICES OR TEST INFORMATION CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH.
- Pharmacy Compliance Approvals and Monitoring Program
In support of FDA policies on conducting COVID-19 testing, all registered users (both pharmacies and pharmacists) on our platform are approved through a rigorous review process conducted in-house upon application to participate in the program and annually thereafter to ensure regulatory compliance with State and Federal laws. The Pharmacy License Number and CLIA Waiver Certificate ID are displayed for each active pharmacy on the location list <here>.
- Online Order Submission, Payment, Delivery and Cancellation
7.1 When you purchase the Services and access the Site, you confirm (i) that you are 18 years of age or older; (ii) that you are resident in countries where we will send test kits and accept Samples and you are accessing the Site from an IP address in one of those countries; (iii) that you are using the Site in your own name and not on behalf of anyone else; (iv) that you will not allow any other person to use the Site and Services under your name, nor will you in using the Services or the Site, pretend you are someone else, or seek to disguise your identity; (v) that you are only using the Site and the Services for your own benefit and not for the purposes of providing Services to others; and (vi) all information that you provide is complete, accurate and not misleading in any way. If you provide any information that is untrue, inaccurate, non-current, misleading or incomplete, or we have reasonable grounds to suspect that such information 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 (or any portion thereof), and you may be further liable for providing such information.
7.2 In order for us to process your Order, you must complete the Order submission process which requires you, among other things, to: (i) provide us with personal information; (ii) purchase a Service that permits use of the type of Sample you are willing to provide, and (iii) confirm that we may make the Test Information available to you through your online Account.
- Orders and Availability
8.1 When you place an Order for Services through our Site, 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 at EveryDayRx 3267 Bee Cave Rd. #107-345 Austin, TX 78746 of any mistake; no refunds will be issued once your Order is processed other than in accordance with the Cancellation Right detailed below.
8.2 All Services on our Site 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 Service. You can then cancel the Order and we will refund you all money paid in full.
8.3 Section 8.2 does not apply to the purchase of COVID-19 Rapid Result Test Kits on our Site. See Section 10.2 for our policy regarding cancellations and returns on COVID-19 Rapid Result Test Kits.
9.1 Unless otherwise noted, the prices listed reflect a single combined payment for Services and are expressed in USD.
9.2 For Services purchased through the Site, you agree to pay the price listed for the Service, and any other applicable sales or use taxes (to the extent applicable), delivery charges, and any other charges in relation to a Confirmed Order in advance by clicking on the payment button on the Site and following the required procedure.
9.3 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.
- Cancellation Right
10.1 Unless, otherwise required by State law, in which case such State requirements shall apply, if you purchase a Service via the Site, you have the right to cancel the Service within three (3) days prior to your scheduled visit. Section 10.1 does not apply to COVID-19 Rapid Result Testing Kits.
10.2 COVID-19 Cancellation and Refund Policy. Due to the limited availability of COVID-19 Rapid Result Tests Kits, Section 8.2 does not apply to these tests. Purchases of a COVID-19 Rapid Response Kit are non-refundable and non-transferrable. If you need to change a scheduled visit to a participating pharmacy to execute the test obtain test results you must consult with your selected pharmacy to obtain their policy on rescheduling testing visits. In some cases, the pharmacy may charge a rescheduling fee or may not allow for rescheduling of tests
- Using the Service
11.1 In order to receive test results and register to use the Services, you must set up an Account in accordance with Section 13 of these Conditions. Failure to do so means you will not be able to purchase a test, schedule a testing visits and view test results.
11.3 Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed, or Test Information 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.
11.4 You acknowledge that the Test Information does not constitute a definitive diagnosis. As with all screening tests, in a small number of cases there can be incidences of false-positive and false-negative results. For example, a person with a negative non-reactive or not detected test result could actually have a condition despite the Test Information, or a person with a positive reactive or detected test could be free from a condition even though Test Information indicated they do have such condition. All positive, reactive or detected results must be verified by a physician or other licensed healthcare professional through a confirmatory (diagnostic) test.
11.5 You acknowledge any Test Information does not constitute a definitive result and further testing may be required from your physician or other licensed healthcare professional.
11.6 The Services are limited to the Services as defined in Section 4. If you require medical advice or counseling in addition to the Services, you should seek the advice of your physician or other licensed healthcare professional. In some events, an employee or contractor of EveryDayRx may contact you regarding a test result 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.
11.7 Any failure to comply with your obligations as outlined in this Section 11, particularly with regard to re-testing is entirely your responsibility.
11.8 You acknowledge and agree:
11.8.1 to take note of the Incubation Periods, information in relation to which is included on the Site. “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. Different infections have different Incubation Periods. NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS 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. Incubation Periods can vary for everyone and it is recommended to retest:
- if you tested before the relevant Incubation Period has passed (from the time of potential exposure);
- if you suspect that the infection has subsequently developed; or
- if you have been potentially exposed to any relevant infection in the meantime.
11.8.2 to comply fully with all instructions included with the Service and to return the Sample within the time set forth in the Service instructions.
11.8.3 FOR THE COVID-19 PCR TEST KITS, 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. Note: Not all participating pharmacies in the CareXchange Marketplace may offer the PCR test so you will need to check with your pharmacy to see if that version of the test is available.
11.8.4 to provide us with such information or evidence of identity as we may be required to obtain from you by applicable law from time to time;
11.8.5 to disclose to us honestly and to the best of your knowledge any information that may affect or impact the test result;
11.8.6 that for certain Tests the laboratories, pharmacists, physicians utilized by EveryDayRx may have reporting obligations to government agencies with regards to positive, reactive or detected results which will be reported.
11.8.7 to use the Site and the Services only for lawful purposes and in accordance with these Conditions and you further agree not to induce fear, harass or be abusive to any of our staff, or the staff of our testing locations;
11.8.8 not to use the Services for resale or in any way that breaches any applicable local, national or international law or regulation; and
11.8.9 that when you submit an Order for the Services through this Site, that you have selected the Services. Notwithstanding any descriptions of any Services or recommendations from the Site or any of our staff, you acknowledge that you have not relied upon any advice from us in terms of Service suitability or other medical issues.
- Submitting the Sample
12.1 When submitting a Sample, you must fill and return the collection device in accordance with the instructions provided with the Service. If you do not provide an adequate Sample, utilize the Service 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 Service instructions may result in inaccurate and unreliable readings of the Sample
- Setting up Your Account
13.1 In order to purchase test and schedule a testing visit you must set up an Account. Test kits are provided at the time of your scheduled testing visit and are not mailed to you prior to your testing visit. Test is provided on site at local pharmacy at which you scheduled your testing visit and is conducted by a healthcare professional who is approved to conduct test.
13.2 You agree that you will only set up one (1) Account with us through the Site. When you create an Account with us, you agree to provide accurate contact details that can be used to contact you in relation to your Order or the Services. It is important that the details you provide us with are correct, accurate and complete and that you tell us promptly of any changes to these details. WE WILL NOT BE LIABLE FOR DELAYED PROVISION OF SERVICES, FAILURE TO PROVIDE THE SERVICES, OR FOR COMMUNICATIONS THAT YOU DO NOT RECEIVE, AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE ACCURATE AND SUITABLE CONTACT DETAILS.
- Test Information
14.1 You will be sent a text message along with an email notifying you when Test Information has been made available to your HIPAA Compliant Member Account. If your Test Information is negative or nonreactive, please refer to Section 11.8.1 and the relevant Incubation Periods for your Test. Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with your physician or licensed healthcare professional.
14.2 If you have a positive, reactive or detected result for any of our Tests, you may need a further confirmatory/diagnostic test from a physician or licensed healthcare professional.
14.3 The Services may include, in respect of a user whose Test Information indicates a positive, reactive, detected or elevated Test Result, 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.
14.4 If you have concerns with the Test Information 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. If you purchase Services and receive Test Information during an Incubation Period that is relevant to you, irrespective of the Test Information, you agree to retest either through us or through your physician or other licensed medical practitioner once the Incubation Period has passed.
- Disclaimers and Exclusion of Liability
15.1 ALL TEST INFORMATION AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY TEST INFORMATION, SERVICES, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SERVICES BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE, TEST INFORMATION, OR SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 13.4-13.9 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES. THE PRODUCT IMAGES ON OUR SITE ARE FOR ILLUSTRATION PURPOSES ONLY.
15.2 THE INFORMATION PROVIDED THROUGH THE SITE, THE SERVICES AND TEST INFORMATION ARE FOR GENERAL GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE SITE NOR THE SERVICES OR TEST INFORMATION CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY TEST INFORMATION OR STATUS OF YOUR HEALTH.
15.3 NOTE THAT AT THIS TIME THE INCUBATION PERIOD FOR THE 2019 NOVEL CORONAVIRUS IS CURRENTLY BELIEVED TO BE 14 DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE 2019 NOVEL 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.
15.4 YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, TEST INFORMATION, OR ANY INFORMATION OR ADVICE PROVIDED BY OUR STAFF THAT WE HAVE MADE AVAILABLE TO YOU, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE, TEST INFORMATION, SERVICES OR OUR CONTENT; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION, TEST RESULTS, OR ADVICE OBTAINED THROUGH USE OF THE SERVICES; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THESE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THESE CONDITIONS.
15.5 OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE PURCHASED AND USE THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE CONDITIONS.
15.6 BY PURCHASING OR USING ANY SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15.7 Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
15.8 We shall not be obliged to provide the Services where you have failed to follow the instructions related to (i) ordering and account set up, (ii) providing and returning the Sample, and (iii) use of the Services.
15.9 The provisions of this Section 15 in their entirety shall survive the expiration or termination of this Agreement.
- General Legal Provisions
16.1 We shall not be liable or responsible for any delay in performance of, or default in our performance of any obligation under these Conditions or under an Order, caused directly or indirectly by any event beyond our reasonable control.
16.2 By using the Services, regardless of where you live or are located in the world, you consent to these Conditions and any claims relating to Test Information, Services, or advice provided by us will be governed by the laws of the State of Texas, U.S.A., excluding the application of its conflicts of law rules. You agree that venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in Texas.
16.3 Failure or delay by us to enforce any of these Conditions will not constitute a waiver of our rights against you and does not affect our right to require performance thereof.
16.4 We may sub-contract or delegate the provision of the Services to any entity who provides services to us, to enable us to provide the Services to you. No such sub-contracting or delegation shall relieve us of our obligations under these Conditions.
16.5 You are communicating with us electronically when you use the Site or send us an email. You agree that all agreements, consents, notices, disclosures and other communications between the parties that are sent electronically satisfy any legal requirements that such communications be in writing.
16.6 If any part of these Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Conditions will remain in full force and effect.
16.7 These Conditions record the entire agreement between you and us with respect to their subject matter and supersedes all previous agreements, contracts, obligations, conduct, promises, representations, warranties and undertakings, whether written or oral, between you and us in connection with the subject matter.
- Contact Us
If you have any concerns about material which appears on our Site you may also write to us at: EveryDayRx 3267 Bee Cave Rd #107-345 Austin, TX 78746.
If you have any questions about your order you can contact our Customer Service Team at email@example.com
“Account” means the account held by us in your name and which holds the information submitted by you to us;
“Cancellation Right” means your right to cancel an Order placed via the Site, as described in Section 9;
“Order” means an offer by a user to purchase one or more Services from us via the Site;
“Sample” means a sample of your biological material such as saliva, blood, urine or stool as provided in accordance with the Service instructions;
“Services” means testing the Sample that you send to the Accredited Laboratory, and providing you with the Test Information;
“Test Information” means the results from the Accredited Laboratory or Pharmacy for the processed Sample, communicated to you by us via the Site and our staff, as applicable.