Last Updated: November 8, 2024

Please note: LetsBeSafe Health, Inc. ("LetsBeSafe") operates solely as a facilitator, connecting users with independent third-party healthcare providers and laboratories. LetsBeSafe does not provide medical services or professional healthcare advice. All clinician consultations are exclusively governed by Maryland Medical Specialists, Inc.'s Notice of Privacy Practices, Informed Consent, and Terms of Service, which are linked here and available for download. Laboratory services are performed by third-party laboratories, including but not limited to Laboratory Corporation of America® Holdings (LabCorp) and Quest Diagnostics®. Each laboratory provider operates under its own terms, privacy policies, and notices of privacy practices, which are accessible on their respective websites.

This Terms of Service agreement ("Agreement") is entered into by and between you ("User" or "you") and LetsBeSafe Health, Inc. ("LetsBeSafe," "we," "us," or "our"). This Agreement outlines the terms and conditions under which LetsBeSafe provides access to and use of confidential and secure laboratory testing for sexually transmitted infections ("STIs") and related telehealth services performed by independent providers (collectively, the "Service") through the website LetsBeSafe.com (the "Site"). By accessing or using the Service, you agree to be bound by this Agreement and affirm that you are of legal age in your jurisdiction and fully capable of entering into a binding agreement. If you do not agree to these terms, you must not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE THAT MAY AFFECT YOUR RIGHTS TO BRING CLAIMS IN COURT OR HAVE THEM DECIDED BY A JURY.

1. Nature of the Service

1.1. STI Testing and Consultation

LetsBeSafe facilitates access to STI testing for conditions such as Chlamydia, Gonorrhea, Hepatitis A, B, & C, Herpes 1 & 2, Syphilis, Trichomonas, HIV 1 & 2, and HIV RNA. When you select testing services on the Site, an independent licensed clinician or qualified healthcare professional ("Health Professional") will review your request. Based on their professional medical judgment and applicable state law, they may submit or decline to submit a test requisition ("Order").

If an Order is submitted, specimen collection will occur at a location of your choice within our service area, either by a third-party mobile phlebotomist or at an independent clinical laboratory ("Lab"). The Lab is responsible for processing and reporting test results. LetsBeSafe is not liable for any issues related to laboratory services, including delays, inaccuracies, or errors in test results.

You consent to have the results shared with LetsBeSafe and authorize us to send the results to you (via telephone, email, or other means), the ordering Health Professional, and, as required, public health authorities.

1.2. Prescriptions

A prescription may be provided through the Health Professional consultation; however, this is independent of the Service facilitated by LetsBeSafe. The provision of a prescription is not guaranteed and is at the Health Professional's discretion, based on medical appropriateness and state law.

1.3. Right to Deny Service

LetsBeSafe and its affiliates reserve the right to deny access to or use of the Service if misuse is determined or suspected.

1.4. Disclaimer

LETSBESAFE DOES NOT PROVIDE MEDICAL OR HEALTHCARE SERVICES OR ADVICE AND IS NOT DESIGNED TO ADDRESS MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION RECEIVED THROUGH THE SERVICE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

1.5. Health Care Providers

You acknowledge and agree that LetsBeSafe collaborates with independent, third-party licensed healthcare professionals and laboratories (collectively referred to as “Health Care Providers”) to facilitate the Services offered to you. By using the Services, you authorize LetsBeSafe to share your personal and health information with these Health Care Providers to enable them to perform their duties under this Agreement.

The Health Care Providers responsible for delivering aspects of the Services are duly licensed in the states where they operate and comply with all applicable federal and state laws and regulations.

By using the Services, you understand that you are not establishing a healthcare provider-patient relationship with LetsBeSafe. Any healthcare provider-patient relationship formed is solely between you and the independent Health Care Provider delivering the Services.

You further acknowledge that information you provide, disclose, or receive through the Services may be incorporated into a medical record maintained by the Health Care Provider but will not automatically be included in the medical records held by your primary care physician or other healthcare professionals unless you take steps to share such records.

1.6. Facilitator Role

LetsBeSafe does not provide medical or laboratory services. We facilitate connections between Users and independent third-party service providers.

2. User Responsibilities

2.1. Personal and Health Information

You agree to provide accurate, current, and complete demographic information, including but not limited to your name, gender, date of birth, and contact details. Additionally, you agree to provide accurate and complete health information as required during consultations with a Health Professional or when otherwise appropriate. This includes, but is not limited to, information about your medical history, current health conditions, allergies, and medications. You agree to update this information as necessary.

Failure to provide or update accurate information may result in the suspension or termination of your account and could prevent you from accessing or receiving the Services.

2.2. Use During Pregnancy

If you are pregnant, we strongly advise that you seek the guidance of your physician or another qualified healthcare provider. Proper prenatal care is essential, and you should discuss any concerns regarding STI testing or related health matters with a licensed healthcare professional.

2.3. Informed Consent

Before undergoing any STI testing, you will be required to review and sign an Informed Consent document, which will outline the purpose, risks, benefits, and limitations of the testing. This document must be executed before testing proceeds.

2.4. Representations, Warranties, and Covenants

By using the Service, you represent, warrant, and covenant that:

• You are using the Service under your own identity and will not misrepresent your identity or impersonate another individual.
• You will comply with all applicable laws, regulations, and age restrictions in connection with your use of the Service.
• You have reviewed and will execute the Informed Consent required for the provision of the Service.
• Any specimens, information, materials, or other submissions you provide in connection with the Service do not and will not infringe upon the rights of any third parties.
• You will adhere to the terms outlined in this Agreement, as well as any additional policies or rules applicable to the Service.

2.5. Duty to Contact Us

You agree to contact LetsBeSafe if you have not received your test results within five (5) business days from the date you submitted your sample. Failing to follow up could delay your care and increase risks for you and your partners.

2.6. Review of Results

If you choose to access your test results via your online account or through other communication methods, you agree to review your results within fourteen (14) days from when they are made available. If you fail to do so, you authorize LetsBeSafe or its partners to contact you through other means, including certified mail or phone, to ensure delivery of your results.

2.7. Password and Account Security

You are responsible for safeguarding the confidentiality of your account credentials, including your password and/or PIN. You agree not to share this information and to notify LetsBeSafe immediately of any unauthorized use of your account. LetsBeSafe is not liable for any unauthorized access resulting from your failure to secure your credentials.

3. Privacy and Confidentiality

LetsBeSafe complies with applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), to protect your personal and health information.

3.1 Health Information

LetsBeSafe holds limited health-related information for the sole purpose of facilitating the requested Services. We do not maintain or store comprehensive medical records. By using the Services, you authorize LetsBeSafe to share your available health information with our partner service providers and laboratories as necessary to fulfill your testing and consultation requests.

3.2 Data Use and Sharing

Your data will be shared only to facilitate the Services and in compliance with applicable laws. LetsBeSafe does not provide medical advice or maintain comprehensive medical records. For detailed privacy practices, refer to our Privacy Policy.

5. Payment and Refund Policy

5.1. Payment

All payments are required upfront. Payments must be made in U.S. dollars through approved payment methods such as credit or debit cards. You agree to provide accurate payment information and promptly update it if necessary. Any taxes, duties, or fees imposed by governmental authorities (excluding taxes on LetsBeSafe’s income) are your sole responsibility.

5.2. Refund Policy

• No refunds will be issued once a lab requisition has been generated.
• If you cancel before a lab requisition is issued, you will receive a refund minus a 20% cancellation fee.
• If LetsBeSafe denies service for any reason, a full refund will be provided. Refunds will be processed using the original payment method.

6. Limitation of Liability

LetsBeSafe is not responsible for any indirect, incidental, or consequential damages arising from your use of the Services or Site. Our total liability for any claims is limited to the amount you paid for the Service in the 12 months preceding the claim.

7. Indemnification

You agree to indemnify and hold harmless LetsBeSafe, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services or violation of this Agreement.

8. Dispute Resolution and Arbitration

Any disputes arising from this Agreement will be resolved through binding arbitration administered by the American Arbitration Association (AAA). By agreeing to arbitration, you waive your right to a jury trial or participation in a class action. Arbitration will take place in the State of Maryland.

9. Termination of Service

LetsBeSafe reserves the right to terminate or suspend your access to the Services at its sole discretion for any violation of this Agreement or misuse of the Site.

10. Intellectual Property

All content on the Site, including text, graphics, and software, is the property of LetsBeSafe or its licensors. You may not reproduce, modify, or distribute any Site content without prior written consent.

11. Severability, Waiver, and Headings

11.1. Severability

If any provision of this Agreement is deemed invalid, the remaining provisions will remain in full force and effect.

11.2. Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other rights under this Agreement.

11.3. Headings

Section headings are for reference purposes only and do not affect the interpretation of this Agreement.

12. Construction Against Drafter

This Agreement will not be interpreted against the drafter. Both parties acknowledge having had the opportunity to review and agree to these terms.

13. No Implied Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the parties and does not confer any rights on third parties unless explicitly stated.

14. Force Majeure

LetsBeSafe is not liable for delays or failures caused by events beyond its control, including natural disasters, government actions, or network outages.

15. Modifications to This Agreement

LetsBeSafe reserves the right to modify this Agreement at any time. Updates will be posted on the Site, and continued use of the Services constitutes acceptance of the revised terms.

16. Contact Information

For questions or concerns regarding this Agreement:

Email: service@letsbesafe.com

Phone: (800) 243-4052