Welcome, and thank you for your interest in Rapid Covid Test NYC. (“Rapid Covid Test NYC,” “we,” or “us”) and our website Rapid Covid Test NYC, along with our related websites (collectively, the “Site”). These Terms of Use are a legally binding contract between you and Rapid Covid Test NYC regarding your use of the Site. Please read the Rapid Covid Test NYC Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Rapid Covid Test NYC Privacy Policy is incorporated by this reference into and made a part of, these Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

‍BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Rapid Covid Test NYCS’ PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND Rapid Covid Test NYC’ PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY Rapid Covid Test NYC AND BY YOU TO BE BOUND BY THESE TERMS.

1. Rapid Covid Test NYC Website Overview

Rapid Covid Test NYC is a biotechnology company focused on developing early disease detection technology, and the Site provides information about our company, products, and services. Rapid Covid Test NYC AND THE SITE DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS, NOR DOES YOUR USE OF THE SITE ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND Rapid Covid Test NYC. ALL MATERIALS ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.

2. Eligibility

‍You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations.

3. Use of the Site

3.1 Use. Subject to your complete and ongoing compliance with these Terms,Rapid Covid Test NYC grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Site during the Term.

‍3.2 Restrictions on Use. 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 Site or any Materials; (b) make modifications to the Site or any Materials; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.

‍3.3 Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Rapid Covid Test NYC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

4. Ownership; Proprietary Rights

‍The Site is owned and operated by Rapid Covid Test NYC. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Rapid Covid Test NYC are protected by intellectual property and other laws. As between us, all Materials included in the Site are the property of Rapid Covid Test NYC or its third-party licensors. Except as expressly authorized by Rapid Covid Test NYC, you may not make use of the Materials. Rapid Covid Test NYC reserves all rights to the Materials not granted expressly in these Terms.

5. Third Party SitesThe Site may contain links to third party websites. Linked websites are not under Rapid Covid Test NYC’s control, and Rapid Covid Test NYC is not responsible for their content.

6. Prohibited ConductBY USING THE SITE YOU AGREE NOT TO:

‍6.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;

‍6.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

‍6.3 interfere with security-related features of the Site, 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 Site except to the extent that the activity is expressly permitted by applicable law;

‍6.4 interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;

‍6.5 attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.

7. 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. Modifications are effective upon publication. Except as expressly permitted in this Section 7, 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.

8. Term, Termination, and Modification of the Site

8.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Site and ending when terminated as described in Section 8.2 (the “Term”).

‍8.2 Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Rapid Covid Test NYC may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.

‍8.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site and (b) Sections 3.3, 4, 8.3, 9, 10, 11, and 12 will survive.

‍8.4 Modification of the Site. Presidium Diagnostics reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Presidium Diagnostics will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

9. Indemnity

‍To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Rapid Covid Test NYC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Rapid Covid Test NYC 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 Site; (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.

10. Disclaimers; No Warranties

‍THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Rapid Covid Test NYC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, 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. PRapid Covid Test NYCDOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Rapid Covid Test NYC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR Rapid Covid Test NYC ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Rapid Covid Test NYC ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE 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 SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Presidium Diagnostics does not disclaim any warranty or other right that Rapid Covid Test NYC is prohibited from disclaiming under applicable law.

11. Limitation of Liability

‍TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Rapid Covid Test NYC 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 SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Rapid Covid Test NYC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Rapid Covid Test NYC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $10.

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 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Miscellaneous

12.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Rapid Covid Test NYC regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

‍12.2 Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within District of New York, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in New York, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.

‍12.3 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms.

‍12.4 Consent to Electronic Communications. If you provide your contact information through the Site, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

‍12.5 Contact Information. The Site is offered by Rapid Covid Test NYC., located at 24 Fifth st., New York, USA. You may contact us by sending correspondence to that address or by emailing us at info@rapidcovidtest.nyc

‍12.6 International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

Electronic Informed Consent

You may give permission to Rapid Covid Test NYCs’ staff to communicate with you by email and text message (also known as SMS). This form provides information about the risks of these forms of communication, guidelines for email/text communication, and how we use email/text communication. It also will be used to document your consent for communication with you by email and text message.

How we will use email and text messaging: We use these methods to communicate only about non-sensitive and non-urgent issues. All communications to or from you may be made a part of your medical record. You have the same right of access to such communications as you do to the remainder of your medical record. Your email and text messages may be forwarded to another Rapid Covid Test NYC staff member as necessary for appropriate handling. We will not disclose your emails or text messages to researchers or others unless allowed by state or federal law.

Risk of using email and text messages: The use of email and text message has a number of risks that you should consider. These risks include, but are not limited to, the following:

• Emails and texts can be circulated, forwarded, stored electronically and on paper, and broadcast to unintended recipients.
• Senders can easily misaddress an email or text and send the information to an undesired recipient.
• Backup copies of emails and texts may exist even after the sender and/or the recipient has deleted his or her copy.
• Employers and on-line services have a right to inspect emails and texts sent through their company systems.
• Emails and texts can be intercepted, altered, forwarded, or used without authorization or detection.
• Emails and texts can be used as evidence in court.
• Email and text messaging may not be secure, and therefore it is possible that a third party may breach the confidentiality of such communications.

Conditions for the use of email and text messages: Rapid Covid Test NYC cannot guarantee but will use reasonable means to maintain security and confidentiality of email/text information sent and received. You must acknowledge and consent to the following conditions:

Results Delivery: The turnaround times given on our website are based on data from our current operations and are true for more than 95% of cases.

Due to the nature of our business involving external laboratory partners, extensive logistics, and peak volumes, test results may be delayed on rare occasions. Oftentimes these delays are beyond our control as we receive the results from our partner laboratories at the same time as you will.

We work extremely hard to meet the turnaround times we outline, however, we can not be held liable for damages that occur due to delayed result turnaround times.

IN A MEDICAL EMERGENCY, DO NOT USE EMAIL, CALL 911. Do not email for urgent problems. If you have an urgent problem during regular business hours, please call our staff person. Urgent messages or needs should be relayed to us by using regular telephone communication and may include text messages.

• Emails should not be time-sensitive. While we try to respond to email messages daily, we cannot guarantee that any particular email will be read and responded to within any particular period of time. If you have not heard back from us within three days, call our office to follow up if we have received your email.
• You should speak with your staff person to discuss complex and/or sensitive situations rather than send emails or text messages regarding such situations.
• Email and text messages may be filed electronically into your medical record.
• Clinical staff will not forward your identifiable email/texts to outside parties without your written consent, except as authorized by law.
• You should use your best judgment when considering the use of email or text messages for the communication of sensitive medical information. The clinical staff is not responsible for the content of messages.
• Presidium Diagnostics is not liable for breaches of confidentiality caused by you or any third party.
• It is your responsibility to follow up with your staff person if warranted.

Withdrawal of consent: I understand that I may revoke this consent at any time by so advising Rapid Covid Test NYC in writing. My revocation of consent will not affect my ability to obtain future health care nor will it cause the loss of any benefits to which I am otherwise entitled.

Client Acknowledgement and Agreement: I acknowledge that I have read and fully understand this consent form. I understand the risks associated with the use of email and text messaging as a form of communication between Rapid Covid Test NYCs’ staff and me, and consent to the conditions and instructions outlined, as well as any other instructions that Rapid Covid Test NYC may impose to communicate with me by email or text message.