Consent for Services
Last Updated: June 22, 2023
Summary Explanation
This Consent for Services form (“Consent”) reviews the benefits, risks and limitations of you, as the person who has created an Account (referred to as “you” or “your”), utilizing the Services provided by 4U Health, Inc. (referred to as “4U Health”, “we”, “us” or “our”). This Consent governs your access to and use of www.4uhealth.com, its subdomains, and any other online websites that link to these Terms (collectively, the “Site”) and explains how your information and samples(s) will be used after performance of the Services. Your sample(s) will not be processed unless you confirm that you have read, understood and agree to the contents of this form.
By accepting these terms on checkout, you indicate that this Consent is a binding agreement and that you have read, understood and agree to the following terms. Capitalized terms used but not defined in this Consent have the meaning given to them in our other policies.
You have chosen to use our Services and have given your informed consent to have your biological sample(s) tested for biomarkers and/or genes. Biological samples shall consist solely of human fluids and/or tissue samples, depending on the tests purchased, that are intended to be utilized for the individual’s sole use, and not for any other purpose, including but not limited to research, publications, commercial uses, or any other purpose other than to inform the purchaser’s health and/or wellness.
Changes to the Terms
We may revise this Consent from time to time, for example, to reflect changes in our Services, the needs of our customers, our business plans, or changes in applicable law. Any material changes to this Consent will be in effect as of the “Last Update” date referenced above. You should review this Consent from time to time, including prior to using our Services. If we make a material change to the Consent impacting your use of our Services, we will try to provide you with reasonable notice. If you do not agree to a change, you may close your Account (if you have one) and/or stop accessing or using our Services. Your continued use of our Services after the “Last Updated” date (or after we try to notify you of material changes) will constitute your acceptance of and agreement to such changes.
Who We Are and What We Provide to You
4U Health, Inc. is a Pennsylvania corporation.
The Service provides you with access to healthcare providers and laboratories who are independent from 4U Health, Inc. By accepting this Consent, you acknowledge and agree that any services you receive from any lab or physician through the Site or 4U Health, Inc. mobile application are also subject to this Consent.
4U Health, Inc. does not practice medicine, and does not control or interfere with the practice of medicine by the contracted healthcare providers and laboratories, as these are licensed professionals who are solely responsible for any medical care and treatment provided to you. 4U Health, Inc. makes no representations or warranties about the accuracy, timeliness, or quality of the care provided to you by a healthcare provider or laboratory, and you acknowledge and agree that 4U Health, Inc. is not a healthcare provider and does not have a patient-provider relationship with you. THE SERVICES PROVIDED BY 4U HEALTH INC., (NOT THE HEALTHCARE PROVIDER OR LABORATORY) DO NOT 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 INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND AGREE THAT 4U HEALTH, INC. SIMPLY PROVIDES A TECHNOLOGY PLATFORM TO FACILITATE YOUR ACCESS TO AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL PROVIDER, WHICH INCLUDES HEALTHCARE PROVIDERS AND LABORATORIES. 4U HEALTH, INC. IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY MEDICAL PROVIDER AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, DIAGNOSIS, LACK OF DIAGNOSIS, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED BY A LICENSED MEDICAL PROVIDER THROUGH OUR SERVICES.
This Section, Who We Are and What We Provide to You, will survive the termination of this Consent.
Voluntary Participation
Our Services are offered and available to users who are residents of the United States of America. Your use of 4U Health’s Services is voluntary. It is your choice whether to utilize our Services or not. Prior to signing this Consent, you may wish to speak with a genetic counselor and/or a licensed health care provider in your State for further guidance about our Services. After receiving our Services, you are advised to speak to a genetic counselor and/or a licensed health care provider (or one of their representatives) to review your test results.
Procedures and Protocol for 4U Health
When you create your Account, we will collect some information from you. We cannot perform the Services without collecting information from you, but we will only collect information that will assist us in providing the Services you have requested. For the Services to be provided as intended, you must provide accurate and correct information. Failure to provide required information or to execute required documents may result in your sample(s) not being tested. 4U Health is not responsible for verifying the accuracy of any demographic information provided when you register your kit, including first and last name, date of birth or any other individual information you have associated with any of your Samples. This is strictly your responsibility. 4U Health solely relies on the demographic information you provide.
All requests for tests will be reviewed and ordered by a physician (“Health Consultant”) licensed in your state affiliated with a company that we have partnered with to provide review and authorization of testing, review of lab results, coordination of care, physician consultation, counseling and prescriptions where applicable and when medically necessary. Health Consultant operates and makes medical decisions independently from 4U Health. Services will not be provided to you if a Health Consultant does not authorize and order your requested test(s), and we will refund the applicable fees for such canceled tests. You indemnify 4U Health from any medical services provided to you by Health Consultant and waive any right to make any claim of medical malpractice against 4U Health as we are not a licensed medical provider.
You will collect biological sample(s) (i.e. blood, saliva, urine or tissue) that will be provided to and tested by one of our designated testing laboratory partners (“Lab”). You will send the sample(s) directly to the Lab where your sample(s) will be tested for a number of biomarkers (including but not limited to vitamins, minerals, drug levels, metabolites, hormones and antibodies) and, if selected and purchased by you, genes that may inform your health and wellness choices.
The results of your test(s) will be made available to you through our secure result delivery portal. In the event Lab determines a biological sample is not suitable for testing due to the content of the sample or because we believe the sample to have been submitted in violation of this Consent or the User Agreement, we reserve the right to withhold the results and to not provide a refund.
Lab will determine and establish normal ranges for your test(s) per approved scientific methods regulated by their licensing bodies, including but not limited to their federal and state licensing agencies. Lab will independently perform and result said test(s) by following its validated standard operating procedures. All results will clearly list the name of the performing Lab on the final report. If your results have a critical value, a Health Consultant will make reasonable efforts to contact you.
Lab operates and performs all medically regulated testing independently from 4U Health. You indemnify 4U Health from any medical services provided to you by Lab and waive any right to make any claim of medical malpractice against 4U Health as we are not a licensed laboratory.
Returns & Refunds Policy
– If your order has not yet shipped, you are eligible for a full refund of your order. Otherwise, we will not refund a kit that has already been shipped.
