Brio Systems, Inc. COVID-19 Testing Terms of Service
Last Updated: [10/12/2020]
These Terms of Service are a legally binding contract between you and Brio Systems, Inc. ("Brio," "we," or "us") regarding your use of the Service (defined below, the "Service").
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BRIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
- 1. Brio Service Overview. Brio provides COVID-19 collection kits ("Collection Kits") to organizations ("Customers") at delivery addresses designated by each Customer. Each Collection Kit purchased by a Customer will have a unique identifier that identifies the Collection Kit, subject to an FDA authorization at the time of purchase by Customer. Each Collection Kit will include, as applicable, all supplies as follows: Instructions, swab, collection card with sticker ID, sample return bag, postage paid return envelope, and return label. The administration of the Collection Kits involves the collection of a nasopharyngeal, mid-turbinate, nares anterior, oropharyngeal swab or saliva. Unless and until the FDA and applicable state/local authorities provide for self-administration of such Collection Kits, administration of the Collection Kits shall be by qualified personnel, provided by the Customer, to the Customer's selected end-users (individually, "you," "your"). To receive results from the Collection Kits, the Customer's selected end-users must register on the Brio website with the unique identifier that identifies that Collection Kit and the Collection Kit must be promptly returned to Brio after administration, using the sample return bag, postage paid return envelope, and return label, according to the provided instructions, and the FDA authorization for the Collection Kit must still be in effect. Brio has made copies of the FDA authorizations for the Collection Kits it provides available here, which may be updated from time to time. If a Collection Kit is returned, but the FDA authorization for that Collection Kit has expired or otherwise been terminated, the Collection Kit cannot be processed and will not be returned. Brio accepts no responsibility for any change in the status of an FDA authorization for a Collection Kit after purchase by a Customer. Brio has engaged a CLIA-certified laboratory to process Collection Kits, subject to a valid FDA authorization. Collection Kit materials, including samples, are expected to be consumed in the processing of the Collection Kit and thus, cannot and will not be returned. Brio has also engaged a vendor for remote medical supervision of the Collection Kits, including orders associated with processing the Collection Kits and review of the results, in accordance with applicable law and that vendor's Notice of Privacy Practices. In the event of a positive result for COVID-19, a physician may call the Customer's end-user. For avoidance of doubt, Brio is not a health care provider. Brio will make results from the Collection Kit, positive, negative, inconclusive, TNP (test not performed) or QNS (quantity not sufficient) where applicable, available to each of the Customer's selected end-users, via their registered Brio account. This Terms of Service applies to the Brio website, use of the Collection Kit by the Customer's selected end-users, registration of an account through the Brio website, and delivery of results from a Collection Kit, if any (together, the "Service").
- 2. Service Subject to Change. You acknowledge and agree that the form and nature of the Service that Brio provides may change from time to time without prior notice to you. As part of this continuing innovation and as may be subject to changing legal and regulatory requirements, you acknowledge and agree that Brio may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to end-users generally at Brio's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Brio when you stop using the Service. Brio assumes no responsibility for the use of Service outside this Terms of Service or other applicable terms. The above notwithstanding, Brio will never change the Terms of Service to sell personal information or otherwise look to profit from individual customer data. Any changes to the form or nature of the Service are intended to keep Brio compliant with evolving regulatory and legal frameworks, and in interest of providing a safe, legal and reliable COVID-19 test. Brio reserves the right to use fully anonymized or aggregate data where necessary in its standard course of business.
- 3. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are a resident of the United States; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations, including export and import controls that may apply.
- 4. Internet Access. In order to use the Service, you must obtain Internet access, either directly or through devices that access web-based content and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Brio may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Brio at any time, at Brio's discretion.
- 5. Brio Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. Brio will use the information you provide to send you a verification code each time you log in to your account, or to help you recover your password in the event you forget your password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- 6. Informed Consent to Perform Health Screenings. By using the Services, you confirm that you have read, understand, and agree to be bound by the terms of the Informed Consent to Perform Health Screenings.
- 7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Brio grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
- 7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- 7.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Brio an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- 8. Ownership; Proprietary Rights. The Service is owned and operated by Brio. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Brio, except your test results, are protected by intellectual property and other laws. All Materials included in the Service are the property of Brio or its third party licensors. Except as expressly authorized by Brio, you may not make use of the Materials, other than your test results. Brio reserves all rights to the Materials not granted expressly in these Terms.
9. Third Party Terms
- 9.1 Third Party Services and Linked Websites. Brio may provide tools through the Service that enable you to access third party services, e.g., for educational purposes regarding COVID-19. By using one of these tools, you acknowledge and agree that the third party services are not under Brio's control, and, to the fullest extent permitted by law, Brio is not responsible for any third party service. The Service may also contain links to third party websites. Linked websites are not under Brio's control, and Brio is not responsible for their content.
- 9.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses. For avoidance of doubt, nothing in these Terms restricts you from licensing and using or engaging directly with any third party software components.
- 10.1 Text Messaging. Brio and those acting on our behalf may send you operational text (SMS) messages at the phone number you or your employer provide us. The intent of these text messages is to provide COVID-19 services, including to provide a secure log in or otherwise provide technical support to access your results, and not promote or otherwise market any other services. You may opt out of receiving operational text messages at any time by sending an email to email@example.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while Brio processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
- 10.2 Phone Calls. If you have a positive test result, you may receive a phone call from a physician at a medical supervision provider engaged by Brio. By using the Brio Collection Kit, you agree to be contacted by the physician if your Collection Kit result is positive. The physician who calls you is a medical professional and will not share whether you had a positive or negative result with your employer.
- 10.3 Email. We may send you emails concerning our products and services. The purpose of those emails will be entirely operational and in service of providing a more accurate, safe, and timely COVID-19 testing service. For example, you may receive answers to support questions, or requests to clarify personal information when required by a public health authority.
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
- a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- b. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- c. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) collecting personal information about another user or third party without consent; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- d. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
- e. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
- f. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
- 12. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13. Term, Termination and Modification of the Service
- 13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
- 13.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Brio may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at firstname.lastname@example.org and requesting that we initiate account termination.
- 13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 7.3, 8, 13.3, 14, 15, 16, 17 and 18 will survive.
- 13.4 Modification of the Service. Brio reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Brio will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
- 14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Brio and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Brio Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. BRIO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BRIO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BRIO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BRIO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BRIO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Brio does not disclaim any warranty or other right that Brio is prohibited from disclaiming under applicable law.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BRIO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BRIO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BRIO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
- 17.1 Generally. In the interest of resolving disputes between you and Brio in the most expedient and cost effective manner, and except as described in Section 17.2 and 17.3, you and Brio agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BRIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 17.2 Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- 17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Brio Systems, Inc., Attention: Legal Department – Arbitration Opt-Out, 519 Somerville Ave. #334 Somerville, MA 02143, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Brio receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- 17.4 Arbitrator. Any arbitration between you and Brio will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Brio. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- 17.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Brio's address for Notice is: Brio Systems, Inc., 519 Somerville Ave. #334 Somerville, MA 02143. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Brio may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Brio must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Brio in settlement of the dispute prior to the award, Brio will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- 17.6 Fees. If you commence arbitration in accordance with these Terms, Brio will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Suffolk County, Massachusetts, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Brio for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- 17.7 No Class Actions. YOU AND Brio AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Brio agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- 17.8 Modifications to this Arbitration Provision. If Brio makes any future change to this arbitration provision, other than a change to Brio's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Brio's address for Notice of Arbitration, in which case your account with Brio will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- 17.9 Enforceability. If Section 17.7 or the entirety of this Section 17 is found to be unenforceable, or if Brio receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
- 18.2 Governing Law. These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. You and Brio submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, Massachusetts for resolution of any lawsuit or court proceeding permitted under these Terms.
- 18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- 18.6 Contact Information. The Service is offered by Brio Systems, Inc., located at 519 Somerville Ave. #334 Somerville, MA 02143. You may contact us by sending correspondence to that address or by emailing us at email@example.com
- 18.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- 18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
- 18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Informed Consent to Perform Health Screenings
This Informed Consent gives Brio Systems, Inc. ("Brio") permission for the health screenings listed below. Please read this Informed Consent carefully.
You consent to the following screening by having nasopharyngeal, oropharyngeal, mid-turbinate and anterior nares swab samples or supervised or unsupervised saliva samples. You understand that there are possible risks associated with taking such samples. You may gag a little during the test. You may also feel slightly uncomfortable, but you shouldn't feel any pain. You may have a minor nosebleed afterwards.
You understand that:
- You are entitled to receive a copy of this Informed Consent, your health screening results, and any other information that is collected by Brio in connection with your health screenings.
- A CLIA laboratory will generate the health screening results.
- Brio will use commercially reasonable security measures designed to maintain the confidentiality of your health screening results.
- Your health screening results will not be shared or disclosed by Brio to any third-party without prior permission, other than in a de-identified aggregate data report or as may be required by applicable law.
- You are responsible for contacting your primary care doctor for questions about any specific medical needs that maybe indicated by these screenings. You will not hold Brio responsible for providing information or diagnosis as a substitute for the care you receive from your physician or other qualified healthcare provider. If you have an abnormal screening result, you are responsible for following-up with your primary care physician.
By using the Services, you acknowledge that you have had the full opportunity to read and consider the contents of the Informed Consent.