Terms of Service

HALED LLC Terms of Service

Last Updated: April 18, 2023

Welcome to www.haled.com / www.haledcare.com (as it may be updated, relocated, or otherwise modified, supplemented, or changed from time to time, including without limitation through networks, embeddable widgets, downloadable software, mobile applications, and tablet computer applications, the “Site”), which is operated by HALED LLC as “haled” and/or “haledcare” (collectively and as applicable, “HALED,” “we,” “us,” or “our”). 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HALED.

These Terms of Service (as updated from time to time, these “TOS”), govern your access to and use of the Site, our mobile application (the “App”), and their related content, features, functionality, and services (as further defined below and as may be updated from time to time, the “Services”). For purposes of these TOS, the term “Services” shall mean and include (in addition to and not at the exclusion of the previous sentence): (a) access to and use of the Site’s and/or App’s web pages and mobile application pages, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Site, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein; and (b) access to, and the arrangement and consummation of, appointment bookings made through the mobile examiner scheduling service provided through the App (the “Scheduling Service”); and (c) any other products or services offered by HALED that are purchased, received, accessed, or otherwise available via use of the Site or the App.

Applicability of and Modifications to Terms of Service and Privacy Policy

By accessing or using the Services, you accept and agree to be bound by these TOS and our Privacy Policy, which is available at https://haled.com/privacy-policy or https://haledcare.com/privacy-policy (as updated from time to time, the “Privacy Policy”). These TOS apply to, and govern, your use of all webpages and content maintained in connection with the Services. If you do not agree to all the terms and conditions of these TOS, do not access or use the Site, the App, or any other Services.

You understand that the terms of these TOS and the Privacy Policy may change from time to time. We will seek to provide you with notice of any material changes by sending you an email to the account that you have registered with us along with posting the updated version of these TOS and/or the Privacy Policy on the Site and the App. Your continued use of the Services confirms that you have accepted and agreed to the updated terms. 

Parties to Whom Terms of Service Apply

Products available for purchase through the Services include laboratory testing kits that may be purchased from HALED by individual consumer customers (“customers”) or and/or in connection with collection services required or requested by life insurance carriers, brokers, financial advisors, and their designated representatives (“agents”) to be used by individual applicants for life insurance coverage from or through an agent (“applicants”). 

Through the App, HALED also provides a technology platform that allows customers and agents to request to schedule an appointment with a third party licensed medical professional such as a registered nurse or certified phlebotomist (a “mobile examiner”) to perform a clinical procedure that is related to fulfillment of the customer’s or applicant’s lab test order or that is otherwise an approved procedure available for scheduling through the App (the “Scheduling Service”). 

Reference to a “user” of the Services in these TOS include customers, agents, applicants, mobile examiners, and any other person or entity accessing and/or using the Services, as applicable. Reference to “you” or “your” means you in your capacity as a user of the Services, whether as a customer, agent, applicant, mobile examiner, or any other manner (except as otherwise indicated in these TOS).

Adult Usage Only in the United States

The Services are intended for those who are of the age of majority, are able to legally enter binding contracts without any right of rescission, and are residents of any state in the United States other than California. The Services are not intended to serve or be available to California residents. Accordingly, in using the Services, you represent, warrant, and agree that you are at least 18 years or older and a resident of any state in the United States except for California. If you are under the age of 18 or are a resident of California, you are not authorized to use the Services. If you are a parent or legal guardian of an individual under the age of 18 who wishes to have your minor child use the Services, you may sign up for a user account with their information, provided that you will remain solely responsible for all usage of their account and accept all terms of these TOS and the Privacy Policy on their behalf.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy. To the extent you are providing any information regarding a third party, you represent and warrant that you have authority to provide such information from the third party to us.

User Accounts and Secured Areas

In order to access some Services, you may be required to create a user account (“Account”). You are responsible for all activities that occur in connection with your Account. To set up and access your Account, you will be asked to provide certain personalized information to us through the Site or the App, which you represent and warrant is correct, current, and complete. Our collection and use of information you provide through your Account is governed by the Privacy Policy. Unauthorized use of or access to any Accounts or other restricted areas of the Site or App is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you agree not to use, access, or attempt to use or access such areas. 

One Account Policy

To further the integrity of the services provided by HALED, all users are limited to one Account per person, provided that parents and legal guardians may also create an Account for each of their minor children. Users who violate this policy may have all of their Accounts suspended or terminated. For any parent or legal guardian who creates one or more Accounts for a minor child, the terms “Account” or “your Account” in these TOS includes all Accounts created by such parent or legal guardian for any minor child.

Your Account Security

You are responsible for maintaining the security in your Account. You agree and understand that you are solely responsible for your Account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your Account. You also agree that we are not responsible for any unauthorized use of your Account. You may not share your Account login information with anyone. We will never request your Account password. If you suspect that your Account or login information has been compromised, you should immediately change your password and contact us.

You further agree to promptly notify us of any unauthorized access or security breach relating to your Account in accordance with the “Notices and Communication” section below. We encourage all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers and special characters, regularly changing passwords, and preventing the disclosure of passwords to any third parties.

Accuracy of Information Provided by You

You agree that all information you provide to us is true, current, complete, and accurate. You also agree that you will update your information as needed to keep it true, current, complete, and accurate. You hereby agree to notify us within five days of a change in any information you have previously provided us in accordance with the “Notices and Communication” section below. Failure to provide such new information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your Account.

You warrant that you have provided notice to, and obtained consent from, any third party whose personal data you supply to HALED. You further warrant that to the extent you have provided personal data about a third party to HALED, you also provided that third party with notice of the terms of these TOS and the Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete, or inaccurate information. 

Laboratory Tests

As part of the Services, customers may purchase various laboratory tests, which may be administered, sampled, and/or reviewed by one or more third-party laboratories or licensed physicians. Such third parties are not employees or agents of HALED, and you agree to hold harmless HALED related to all of their acts and omissions.

You may be required to sign additional waivers and disclaimers prior to receiving services from these third parties. Failure to provide the required information or to sign the required documents may result in you not receiving all services. No refunds are issued by HALED if you fail to follow through on all services.

You agree that the third party laboratories and physicians may share information with us related to your results. Any information related to your specific test results will be displayed on the Site or the App after you log into your Account.

Lab Specimens Shipment and Expiration Date

Some laboratory tests purchased through the Services may require “self-administered” specimen collection and come with items to allow the subject of the test to collect a specimen themselves. Any such specimen collection items are manufactured and sourced directly from our licensed third-party laboratories, and will be shipped to the location provided in the lab test order. In order to help ensure lab results are as accurate as possible, each specimen collection system may have an applicable expiration date on it. All specimens must be provided to the testing laboratory prior to any expiration date. Only those lab tests that are designated by HALED as “self-collection” tests are intended for self-administration, and when you purchase a self-administered lab test from HALED, you agree to administer the test and collect any related specimen in accordance with the instructions provided with that test. You also agree not to self-administer any lab test that HALED has not designated as a “self-collection” test. Specimen collection for laboratory tests purchased through the Services that are not designated by HALED as “self-administered” may be arranged with an applicable third-party laboratory or can be scheduled with a mobile examiner through the Scheduling Services.

Scheduling Service

The procedures available through the Scheduling Service may include, but are not limited to, certain phlebotomy and venipuncture-related procedures, such as blood draws and other biological specimen collection procedures, intravenous (IV) injections or other administration of intravenous lines, vaccine administration, and other clinically related services, in each case as approved by HALED and subject to change from time to time. 

When an appointment is created through the Scheduling Service, a mobile examiner will travel to the location designated by the customer or applicant (such as the customer’s or applicant’s home or office) and perform the applicable procedure at the scheduled time and location. Although we require all mobile examiners to provide us with evidence that they have the requisite license, certification, training, and equipment to provide the professional procedure they will perform, all mobile examiners are independent third parties who are not employed or controlled by HALED, and by using the Scheduling Service, you agree to hold HALED harmless from all of their acts and omissions.

With respect to the Scheduling Service, you understand and agree that HALED is merely a facilitator of scheduling and booking services and that you take full and complete responsibility for all risk and liability associated with your use of the Scheduling Service. You acknowledge and agree that the relationship between each customer or applicant using the Scheduling Service and the mobile examiner with whom the customer or applicant books an appointment is a direct contractual relationship, and that such mobile examiner is an independent contractor of such customer or applicant. Each time you use the Scheduling Service, you agree to be party to and bound by the Customer and Mobile Examiner Agreement located at https://haled.com/customer-and-mobile-examiner-agreement/, which is an independent contractor agreement between the customer or applicant scheduling the appointment through the Scheduling Service and the mobile examiner performing the procedure at such appointment. Any relationship or interaction between a customer or applicant and a mobile examiner, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such relationships or interactions, are solely between the customer or applicant and the mobile examiner. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving a customer/applicant-mobile examiner interaction. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Scheduling Service and disclosing personal information in connection therewith. You agree that HALED shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Scheduling Service, including customer/applicant-mobile examiner interactions. In the event of any dispute involving a mobile examiner, you understand and agree that HALED is under no obligation to become involved in such dispute.

If you are a customer or applicant, you agree that by using the Scheduling Service, you are authorizing HALED to disclose certain of your information, which may include personal information, to mobile examiners and your agent. 

YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS ASSOCIATED WITH THE SERVICES, INCLUDING LABORATORIES AND MOBILE EXAMINERS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF HALED IN ANY WAY.  YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY HALED IN RELATION TO ANY LIABILITY OR CLAIMS RELATED TO ANY THIRD-PARTY CLAIM AND/OR DISPUTE RELATED TO ANY USER. 

Payment of Fees and Billing – Customers

The provisions of this “Payment of Fees; Billing – Customers” section apply only to users acting as customers in their individual consumer capacity:

You understand that use of the Services may result in charges to you for the services or goods you receive from HALED and/or from third-party providers associated with the Services, including but not limited to third-party laboratory tests that you order and use and appointments made with mobile examiners through the Scheduling Service (as applicable, “Charges”). You acknowledge that prices displayed to you when purchasing goods or services through the Services may be inclusive of retail prices and other fees charged by an applicable third-party provider and service fees paid to HALED. For Charges you incur in conjunction with the Services that are owed directly to third-party providers such as laboratories or mobile examiners, HALED will collect payment of those Charges from you on the third-party provider’s behalf as such provider’s limited payment collection agent, and our payment of those Charges shall be considered the same as payment made directly by you to the third-party provider.

ALL SERVICES ARE PRIVATE PAY. WE DO NOT ACCEPT PAYMENT FROM OR BILL ANY INSURANCE COMPANY OR GOVERNMENTAL PAYORS. WE DO NOT PROVIDE ANY LABORATORY TESTING, VENIPUNCTURE PROCEDURES, OR OTHER MEDICAL SERVICES. ALL SUCH SERVICES ARE PROVIDED BY LICENSED AND/OR CERTIFIED THIRD-PARTIES. We may assess and collect from you fees, surcharges, or other supplemental payment requirement imposed on HALED by any governmental, regulatory, or financial institution or entity. You may make payments to HALED by various methods, which may include valid credit card, PayPal, Apple Pay, Google Pay and other electronic payment methods. HALED reserves the right to expand or limit its accepted payment options.

When you make a payment for any Charges, you expressly authorize us (or our third-party payment processor) to charge you for and enable your payment of the applicable Charges for services or goods obtained through your use of the Services. In conjunction with each payment you make for your use of any Services, or in which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Account and further access to the Services. You also understand and agree that you are solely responsible to ensure prompt payment of all Charges to us and that HALED is under no obligation to retain, preserve, or otherwise maintain your information, Account, or any Services associated with your Account if your Account includes due but unpaid Charges or is otherwise in default.

We utilize a third-party payment processing company. We do not collect any of your personal credit card information. If you have any concerns regarding your payment information, you agree to contact us and allow us to investigate; provided however, that you acknowledge that we are not responsible for any errors or omissions from the third-party payment processing company.

If you fail to comply with these TOS, you may be responsible for Charges, including, without limitation, for transactions that could not be completed properly due to your failure to comply with these TOS.

If you would like to see your payment history, please log into your Account. You may access it from within your member profile by going to “Account,” then “Billing,” and finally “Billing History.”

Payment of Fees; Billing – Non-Customer Users

Applicants receiving procedures performed by a mobile examiner pursuant to the Scheduling Service and no other Services will not be billed directly by HALED, and payment for any Scheduling Service and/or mobile examiner procedure costs for such applicant will be charged and billed to the carrier requesting the procedure for such applicant. 

Unless otherwise set forth in a written agreement between HALED and a particular agent, fees for all Services used by an agent will be billed to such agent every 30 days and will be based on agreed-upon rates applicable to the Services as established by HALED and such agent, with payment of fees for each 30 day billing cycle due from the agent to HALED within 30 days of the date billed.

Refund and Cancellation Policy

All Charges paid by customers for Services are non-refundable unless otherwise indicated in these TOS. No refunds will be provided to customers if they cancel the Services or fail to proceed with lab testing that they have ordered. Any user whose access to or use of any Services is suspended or terminated by HALED for cause will not be entitled to any refunds.

If an appointment with a mobile examiner has been booked by a customer through the Scheduling Service and the mobile examiner is unable to perform the booked services due to circumstances outside of the customer’s control or for reasons other than the customer’s medical condition or health, the customer will not be charged for the appointment or will receive a credit towards the cost of a rescheduled appointment. Appointments booked through the Scheduling Service will not be charged to the customer if they are cancelled by the customer more than 24 hours prior to the appointment start time or by the mobile examiner more than 12 hours prior to such start time.

Late Fees/Interest

If you are a customer and you miss a payment or have an overdue balance in your Account, you may be assessed a one-time late fee, and you may also be charged 12% interest on your past due balance. The interest rate is calculated on a continuously compounded basis.

Automatic Payments in the Event of Default

If you are a customer who has provided payment information to HALED and sums are due and owing from you to HALED and you are in default of your obligations under these TOS, you authorize HALED to deduct any sums due and owing from your payment source(s) so long as HALED provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.

Code of Conduct

You agree that your use of the Services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy. You agree to not use the Services or anything related to the Services offered by HALED for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images, or adult content. You further agree not to do any of the following in connection with your use of the Services: (a) seek any products or services not purchased from the App or the Site from any third party provider, including laboratories or mobile examiners; (b) solicit any users or third party providers for any products or services unrelated to the Services; or (c) take any action to circumvent payment for the Services through the App or the Site. Additional prohibited uses include:

1. Use the Services in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Services;
2. Attempt to gain unauthorized access to any Service, other Accounts, computer systems or networks connected to any Site server or to any of the Services through hacking, password mining, or any other means;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
4. Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site or the App;
5. Use any metatags or any other “hidden text” utilizing HALED’s name, service or trademarks, or trade dress without the express written consent of HALED;
6. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
8. Upload or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
9. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
12. Collect, store, or distribute any personally identifiable information of other users of the Services which is obtained through use of the Services without their express permission;
13. Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
14. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
15. Use the Services if you are not able to form legally binding contracts;
16. Copy, mirror, or attempt to copy or mirror the information, data, content, or coding from the Site or the App without first obtaining express written permission from HALED; 
17. Attempt to reverse engineer or reconstruction any portion of the Services; and
18. Share your Account login information or allow third parties to utilize your login information to access the Services or otherwise.

You agree to fully comply with and adhere to any applicable laws and regulations in accessing and using the Services. You further agree to cooperate in any governmental investigation regarding your use of the Services.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Services if, in our sole discretion, you breach, or we reasonably believe you have breached, these TOS, the Privacy Policy, or any other obligation to HALED. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (a) your failure to abide by any provision of these TOS or the Privacy Policy; (b) your failure to pay any amounts owed to HALED when due (with respect to users other than applicants); (c) your communication of inaccurate information to us, including your failure to promptly update your information; or (d) your violation of the Code of Conduct set forth in these TOS.

If any of the above-described breach events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that HALED is not obligated to send any such notice of breach or other default and may immediately suspend or terminate your Account and your access to and use of any or all Services without notice. In the event a written notice of breach is provided to you, you shall have no longer than 10 calendar days to cure such breach.

You acknowledge and agree that a violation of any Customer and Mobile Examiner Agreement by a user constitutes a material breach of these TOS.

User-Provided Content

For all users that provide feedback to us related to the Services, you consent to HALED using your first name and last initial along with some or all of your comments and feedback. You further agree that we may reasonably edit your comments and feedback. In providing any content to us, you agree that you will not provide, and any and all of your comments and feedback may be deemed to not include, any “Protected Health Information” as that phrase is defined by the Health Insurance Portability and Accountability Act and associated regulations (collectively, “HIPAA”). For any comments or other feedback you submit to us, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (a) your submissions and their contents will automatically become the property of HALED, without any compensation to you; (b) HALED has no obligation to review your submissions; and (c) HALED may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you.

Protected Health Information

When you set up an Account as a customer or applicant, you are creating an engagement with HALED that enables you to access and/or utilize the various functions of the Services as a user. As part of that relationship, you (as a customer or agent) or your agent (if you are an applicant) provide certain information to HALED, which may include (but not be limited to) your name, email address, mailing address, and phone number, that we may collect, use and disclose in accordance with the Privacy Policy, and that we do not consider to be “health” or “medical” information. However, in using certain components of the Service, you (as a customer or agent) or your agent (if you are an applicant) may also provide certain medical information that may be protected under applicable laws. HALED is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); however, other third parties whose services you may utilize in connection with using the Services (such as laboratories or mobile examiners) are or may be “covered entities” or “business associates” under HIPAA and you (as a customer or applicant) may be required to sign additional HIPAA disclosures and authorizations requested by such third parties in order to receive services from them. As a customer, applicant, or agent, you agree to not share any “protected health information” (“PHI”) with us, other than to the extent your use of the Services involves services of a third party who requires that you provide PHI as condition of receiving such third party’s services or otherwise requires it. If for some reason we obtain PHI provided by or about you, you understand and agree that we will seek to handle that information consistent with the Privacy Policy, but that it may no longer be protected from further disclosure under applicable law. 

Maintenance/Site or App Down Time

HALED reserves the right to perform maintenance with respect to the Services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. HALED will attempt to communicate any expected prolonged system outage to users of the Services in advance of such outage. HALED is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, pandemic, labor strike or shortage, or any other condition that is reasonably outside of HALED’s control.

App Stores, Network Access, and Devices

You acknowledge and agree that the availability of the App and other Services accessed through the App may be dependent on the third party from which you received the App’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and us and not with the App Store and that we are responsible for the provision of the Services as described in these TOS. 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. HALED does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Limited License

Subject to your compliance with these TOS, HALED grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Site and the App on your personal device solely in connection with your use of the Services; and (b) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by HALED and HALED’s licensors. 

Intellectual Property Rights

You agree that HALED holds all right, title, and interest to all Services and all information and technology used to provide the Services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you, and that neither these TOS nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above. You further agree to make no claim of interest in any of the Services or the intellectual property rights related thereto. All content, including but not limited to text, graphics, downloads, and software, included as part of the Services is the property of HALED or its licensors and protected by United States and international copyright laws.

You hereby grant HALED a non-exclusive license to use, reference, post, identify, or otherwise utilize any content or information that you submit or provide to HALED as well as any of your intellectual property rights with respect to such content or information, which may be used by HALED in conjunction with marketing the Services.

Disclaimer of Warranties

HALED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF HALED, HALED DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHERMORE, HALED DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM ANY PARTY’S USE OF THE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING FROM ANY LABORATORY OR MOBILE EXAMINER, OR THE QUALITY OR COMPLETENESS OF ANY OF THE SERVICES, WHETHER PROVIDED THROUGH THE SITE OR THE APP OR OTHERWISE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF HALED, HALED PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR THE APP, OR PROVIDED BY ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH HALED. YOU AGREE THAT SHOULD YOU HAVE ANY CLAIM RELATED TO THE INACCURACY OF INFORMATION RELATED TO THE SERVICES OR ANY OTHER ISSUES OR PROBLEMS RELATED TO ANY LABORATORY TEST OR RESULT OR ANY MOBILE EXAMINER’S SERVICES, YOU WILL EXCLUSIVELY PURSUE ACTION AGAINST THE APPLICABLE LABORATORY AND/OR MOBILE EXAMINER AND HOLD HALED HARMLESS FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.

HALED DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. FURTHER, HALED DOES NOT CONTROL, MANAGE, OR DIRECT ANY THIRD-PARTY PROVIDERS ASSOCIATED WITH THE SERVICES, INCLUDING ANY LABORATORIES OR MOBILE EXAMINERS, AND SUCH THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF HALED. HALED IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S UNLAWFUL ACTIVITIES, REGARDLESS OF WHETHER SUCH ACTIVITIES INVOLVE THE SERVICES IN ANY WAY.

Assumption of Risk

The Services are intended for informational purposes only. When you access or use the Services, rely on any information provided on the Site or the App, download or upload content on the Site or the App, proceed to other websites linked to the Services, or interact with the Site, the App, or third parties related to the Services in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to you or your computer, electronic device, or other property, including but not limited to the loss of money, corruption of data, loss of data, and loss of chance. 

HALED does not provide or intend to provide any medical advice, diagnosis, treatment, or other clinical decisions, suggestions, or judgments. Your use of the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary or professional relationship, or any other special relationship that would give rise to any duties on our part. The Services are not intended to provide and do not provide medical advice and are no substitute for obtaining medical advice from a qualified physician. If you believe you may be ill and need medical treatment, we recommend that you immediately consult with a licensed physician.

Advertisers and Third Party Content

As further discussed in the Privacy Policy, the Services may be made available or accessed in connection with content provided by various third-party advertisers or other providers that HALED does not control. Links to these advertisers’ and/or third-party websites are maintained for your convenience and to aid you in finding other services and information that you may find helpful in relation to your use of the Services and the results you obtain from laboratory testing. We do not control these third parties or the content of their advertisements or websites, and you accept and assume all risk in clicking on any links or advertisements provided by third parties or otherwise interacting with such third parties. Once you click on a link to third-party content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. HALED will not warn you that you have left the Site, the App, or any other Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party provider.

User Support

Without limiting the forgoing disclaimer of warranties or assumption of risk provisions, HALED does attempt to provide email support for users of the Services. User support can be reached by sending an email to support@haled.com. HALED attempts to respond to user inquiries within two business days, but is under no obligation to do so.

Indemnification

As a user of the Services, you agree to release, indemnify, defend, and hold harmless HALED and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings, or demands and all liabilities, claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising in connection with (a) your violation of these TOS or the Privacy Policy, (b) any information or content you submit to HALED, (c) your use of any of the Services or any goods or services obtained through your use of the Services, or (d) your actual or alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of the Services for their alleged violations of the law. This indemnification obligation is in addition to any other rights or remedies HALED may have at law or in equity.

You agree that HALED shall have the right to participate in the defense of any claim asserted against HALED. You also agree that HALED shall be entitled to retain a counsel of HALED’s own choosing at your cost. You further agree to notify HALED of your knowledge of any claim against HALED. You agree to cooperate fully with HALED during any proceedings related to such claim.

Right to Refuse Service

HALED, in our sole discretion and without any liability to us, reserves the right to refuse service, including access to or use of the Services, to any person or entity.

Reports of Abuse

If you have any reason to believe that content on the Site or the App violates any law, that anyone is using the Services to violate the law, or that any user of the Services is violating these TOS or the Privacy Policy, you may inform HALED in writing about the facts and circumstances of the alleged abuse/violations by writing to us. HALED may, but is not obligated to, conduct an investigation into such allegations. HALED reserves the right to remove or restrict any user accounts, content, or postings that HALED, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will HALED be liable to you for your failure to retain necessary records, nor will HALED’s retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

Users of the Services who wish to terminate their Account and/or use of the Services must complete the cancellation process on their Account profile within the Site or the App.

You acknowledge and agree that we may terminate or block your Account and your access to or use of the Services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, HALED may delete all information related to you and your use of the Services and may bar your further access to and use of the Services.

Notices and Communication

If we have to contact you, you agree we may do so by telephone call, text message, or email to the phone number and/or email address you provided when you registered or updated an Account or that you used to communicate with us. You agree that we may use automatic telephone dialing equipment and other technology in connection with these communications.

You authorize HALED and its sponsors and affiliates to communicate with you to the full extent allowed by the Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to construction and remodeling. If you do not wish to receive bulk email solicitation notices or announcements from HALED, please contact us. To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address: HALED LLC, 6366 College Blvd, Overland Park, KS, 66211. You may also send us notices through https://haled.com/contact/ so long as you place “LEGAL NOTICE” in the subject line of the message.

You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date. In sending any notice to us, you will need to reasonably explain the action that you see us to take and/or actions or inactions that you believe we need to take.

When we use the words “writing” or “written” in these TOS, those terms includes emails. For contractual purposes, you consent to receiving notices, disclosures, agreements, terms, conditions, amendments and other communications from HALED in an electronic form and agree that such electronic communications will have the same legal effect and satisfy the same legal requirements that such communications would satisfy if they were made “in writing” in a physical document. The foregoing does not affect your statutory rights.

Dispute Resolution, Arbitration, Choice of Law, Jurisdiction and Venue

All purchases from HALED are deemed made within the State of Missouri.

The terms and conditions of these TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Missouri, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Missouri.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOS, the Privacy Policy, or related to Services provided by HALED to you shall be brought and maintained exclusively by binding arbitration located in Jackson County, Missouri or another County in which you and we may agree. The arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA’s Customer Arbitration Rules and the Supplementary Procedures for Customer Related Disputes (the “AAA Rules”) then in effect. The AAA Rules are available at www.adr.org. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

You further agree to resolve any claim that you may have against us on an individual basis in arbitration. You acknowledge that you will not be able to bring, and hereby waive the right to bring, any class, collective, or representative action against us, and accordingly, you will not be eligible to participate in, or recover any relief under, any current or future class, collective, consolidated, or representative action brought against us by someone else. You may opt-out of the requirement for arbitration and this class action waiver provision by providing us with notice within 30 days of when you create your Account. If you have not opted out by that time, you agree that you will be bound by this arbitration and class action waiver provision. You may opt-out of these requirements by notifying us using the procedure stated in the “Notice and Communication” section above. 

For all claims, you agree that you will first provide a good faith opportunity for us to resolve the dispute informally with you. You must notify us in writing and include: (a) your name, (b) your address, (c) a detailed written description of your claim and concerns, and (d) a description of the specific relief you seek. If we are unable to resolve the claim to your satisfaction within 30 days after we receive your written notification, you may pursue your claim in arbitration. Any party’s breach of this dispute resolution section, including the arbitration requirement, shall be deemed a material breach of these TOS and shall entitle us to all of our damages, costs and expenses, including reasonable attorneys’ fees, incurred related to your breach.

Exclusive Remedy and Limited Liability

You acknowledge and agree that we are only willing to provide you access to the Services if you agree to certain limitations of our liability. You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against us related to the Services, these TOS, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for the Services in the prior three months from when your claim arose or $100, whichever is less. 

IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES, INABILITY TO USE THE SERVICES, OR ANY OTHER HARM FOR WHICH YOU CLAIM WE MAY BE RESPONSIBLE. 

HALED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF ANY NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HALED, AND WITHOUT RESPECT TO WHETHER HALED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HALED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER ASSOCIATED WITH THE SERVICES, INCLUDING ANY LABORATORY OR OTHER USER OF THE SERVICES, REGARDLESS OF WHETHER HALED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS AND DISCLAIMERS IN THESE TOS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER ANY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HALED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HALED’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by HALED must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.

Waiver of Jury Trial

EACH PARTY BOUND BY THESE TOS HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOS OR THE PRIVACY POLICY OR OTHERWISE RELATED TO THE SERVICES.

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from HALED. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS is voidable at HALED’s option.

Successors and Assigns

Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by HALED in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, HALED’s election to not assert its rights under these TOS shall not preclude HALED from asserting any of its rights in the future.

Severability of Terms

If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If HALED prevails in any action, suit, or proceeding arising from or based upon these TOS, HALED shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

California Residents

The Services are not available to residents of the State of California. If you are a resident of the State of California, you are not authorized to access or use the Services in any way, and you agree to indemnify, hold harmless, and defend us from and against any and all liability arising from or in connection with your access to or use of the Services.

Terms Applicable to Mobile Examiners

The provisions of this “Terms Applicable to Mobile Examiners” section apply only to users acting as mobile examiners:

The following provisions of these TOS apply to each third party medical professional using the Services as a mobile examiner. In the event of a conflict between the following provisions and any other terms in these TOS, the following provisions shall prevail. To be a mobile examiner using the Scheduling Services, you must be a registered nurse, nurse practitioner, or medical assistant or a certified phlebotomist, where applicable and required. By your use and access, you represent and warrant that you comply with all laws, medical board rules, and any other state and federal rules and regulations applicable to you as a medical professional. 

To create a user account for the Scheduling Service as a mobile examiner, you are required to provide us with accurate information. This information includes a recent, uploaded photo of yourself that accurately shows how you currently look, proof of your certification and credentials as a registered nurse, nurse practitioner, or medical assistant or as a certified phlebotomist. In addition, if you are located in a state or locality that requires you to be licensed, you must provide your license number or other required licensure identification. You agree that by providing HALED with such information, that you are legally eligible and capable to provide the procedures you will perform as part of the Scheduling Service. 

All mobile examiners are required to carry and maintain appropriate liability insurance with a minimum coverage level of $1,000,000, and you agree that you will carry and keep current such insurance coverage at all times that you provide services as a mobile examiner. You acknowledge and agree that HALED has the right to request proof of your liability insurance coverage at any time.

After submission of all required information, HALED will review your request to create a mobile examiner user account for approval. HALED is under no obligation to accept your request for such account and may deny your request if it is incomplete, inaccurate, misleading, you have been previously banned/denied an account, or in HALED’s judgment you do not qualify as a mobile examiner. By submitting your information for a mobile examiner user account, you authorize HALED to review the documents and information you have submitted and to take all necessary and reasonable steps to verify their authenticity.

As a mobile examiner, you agree to uphold the highest level of professionalism in your conduct as it pertains to the Scheduling Service, including but not limited to your treatment of Scheduling Service customers/applicants and professional conduct. You agree at all times to treat customers or applicants using the Scheduling Service with respect and professionalism and to refrain from any threats, harassment, discrimination, racism or other derogatory comments towards any such customer or applicant. You further agree that you will use the Scheduling Services only in accordance with applicable standards of good clinical practice. You must be the medical professional actually performing the procedures booked in connection with the Schedule Service. You agree to comply with all applicable laws when accessing or using the Scheduling Service or any other aspect of the App or the Site.

All appointments accepted and booked by you using the Scheduling Service form an agreement between you as the mobile examiner and the applicable customer or applicant to perform the procedure for which the appointment was booked, unless you cancel the appointment no later than 12 hours before the appointment’s start time or the customer cancels no later than 24 hours before such start time. If HALED, in its sole and absolute discretion, has reason to believe you are abusing the cancellation and/or rescheduling process, you may be barred from the Scheduling Service.

You may not authorize third parties to use your Account or provide services on your behalf. You may not use the Scheduling Services or any other aspect of the App or the Site as an intermediary, and you agree not to take any action to bypass the App, the Site, or any other Services to provide Scheduling Service procedures (e.g. solicit or provide such services to customers outside of the Scheduling Services). In addition to being bound of the Code of Conduct set forth in these TOS, you shall: (a) only process, retain, transfer, copy, use, and disclose any personal information that you access or obtain through the Services to provide the mobile examination services to individuals through the Services, and for no other purpose; and (b) not store, share, sell, rent, or lease personal information you access or obtain through the Services. You further agree not to contact any users of the Service through unsolicited emails, telephone calls, text messages, or any other means of communication.

You acknowledge and agree that in your capacity as a mobile examiner, you are not an employee, agent, or authorized representative of HALED. You also understand and acknowledge that HALED may conduct a background check on you in connection with becoming a mobile examiner and that any such background check does not create or imply an employee-employer relationship between you and HALED in any way. Accordingly, you expressly agree that (A) these TOS are not an employment agreement and neither these TOS nor any services you provide pursuant to them create an employment relationship between you and HALED; and (B) you have no authority to bind HALED, and you undertake not to hold yourself out as an employee, agent, or authorized representative of HALED in performing any such services. HALED does not, and shall not be deemed to, direct or control you generally or in your performance of any activity undertaken pursuant to these TOS, including in connection with your provision of any services as part of appointments booked via the Scheduling Service, and your acts or omissions thereof. You retain the sole right to determine when, where, and for how long you will utilize the Scheduling Service. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. As a condition of using the Scheduling Service, you release HALED and waive any claims against HALED as a result of your use of the Scheduling Service.

You shall defend, indemnify, and hold harmless HALED from any third-party claim and claim by or on behalf of a Scheduling Service customer (including claims by a third-party alleging damage by virtue of a familial or financial relationship with such customer) brought against HALED, if such claim arises out of your use or operation of the Scheduling Service. To the extent applicable, HALED will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same, and if HALED elects not to defend the claim itself (which it has the sole discretion to do, which shall not alleviate your obligation of indemnity), grant to you control over its defense and settlement. You will obtain HALED’s prior written consent to any settlement or judgment in which you agree to any finding of fault of HALED, defect in the Services, injunctive relief, or any other settlement that HALED believes in its reasonable judgment affects its reputation or finances.

By using the Scheduling Service, you appoint HALED as your limited payment collection and processing agent with respect to all payments owed to you in connection with the Scheduling Service. You must support the use of the payment providers and platforms used by HALED and provide HALED with valid bank account information (e.g. account and routing number) as a condition to receiving any payments for services you render pursuant to the Scheduling Service.

If you fail to complete any Scheduling Service procedure in an acceptable manner, as determined by HALED, we may withhold payment or seek a refund of any payment made to you. We reserve the right to hold, offset or deduct funds to compensate users for any breach of your obligations under these TOS. Each mobile examiner is responsible for paying all federal, state and local taxes owed on the fees received in connection with the Scheduling Service.