TERMS OF SERVICE FOR FUTURE OF MEDICINE PROGRAM

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY, REQUIRE CERTAIN DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.

THE SERVICES ARE NOT INTENDED FOR EMERGENCY OR CRISIS CARE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY SERVICES OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR PARTICIPATE IN THE SERVICES.

These Terms of Service (“Terms”) govern your use of, and participation in, the Future of Medicine program and any related services made available to you by Care Access Research LLC or its affiliates (“Care Access,” “we,” “us,” or “our”) (collectively, the “Services”).

Your use of the Services is also subject to our Health Screening Authorization and, where applicable, the Care for Friends Program Terms, as well as any other terms, consents, releases, or notices that may apply as a condition of receiving certain Services (collectively, “Additional Terms”), and to our Privacy Policy, Refund Policy, Website Terms of Use, Notice of Privacy Practices and, where applicable, our Consumer Health Data Privacy Notice (collectively, the “Policies”). The Policies and any applicable Additional Terms are incorporated into and form a part of these Terms and may be updated from time to time. In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control with respect to the Services to which they apply.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use or participate in the Services.

SERVICES

The Future of Medicine program provides access to health screening, laboratory testing (including preferred member pricing), and related services designed to deepen your understanding of your health, connect you with resources that support your care with your personal primary care physician, and offer you opportunities to participate in clinical research that advances the development of new medicines and treatments. Individuals who participate in the Services may be designated as “Future of Medicine Members.” Future of Medicine membership is provided at no cost and does not require separate enrollment.

Depending on your location, these Services may be provided to you by Care Access or by an independent professional corporation (“Partners”), and may include, without limitation, the following:

Health Screening. We may offer health screening services that include intake, scheduling, collection of biological samples (“Samples”), and communication of Results. Health screenings may be offered at no cost to you, and, where indicated, may include compensation for your time and travel. Health screenings are designed to generate information to help you better understand your health and may also be used to identify clinical research opportunities for which you may be eligible. Participation in a health screening does not guarantee eligibility for, or enrollment in, any clinical research study. Health screenings are provided for informational purposes only and are not a substitute for direct health care services. By participating in the Services, you agree to the collection of Samples by Care Access, its Partners or applicable Third-Party Providers (as defined below), and to the use of such Samples as necessary to perform the Services you have requested or elected to receive. Sample collection may occur through in-person procedures or through at-home collection kits and must be completed in accordance with any applicable instructions.

Laboratory Testing. We may make available certain laboratory testing services that you may purchase directly or receive as part of a health screening (“Testing Services”), consisting of one or more individual laboratory analyses, assays, or panels (each, a “Test”). Testing Services may be performed through in-person collection at a third-party clinical laboratory (“Lab”), a Care Access location, a Partner location, or through at-home collection kits that you complete and return for processing in accordance with the applicable instructions. Certain Testing Services may require review and ordering by a licensed medical professional (“Reviewing Professional”) before being made available to you. If additional information is needed to determine whether a particular Testing Service is appropriate, you agree to provide such information accurately and completely. If a requested Test is not approved or cannot be provided, any refund will be governed by these Terms and any applicable refund terms presented at the time of purchase. At-home collection kits must be used in accordance with all instructions and within any stated timeframes. If you do not follow the instructions, fail to provide an adequate Sample, or return a Sample that cannot be processed, the Lab may be unable to process your Sample or complete the Testing Services, and you may not be eligible for a refund. We are not responsible for delays, failures, or inability to complete Testing Services resulting from your failure to follow instructions or provide accurate and complete information. Testing Services are provided for informational and wellness purposes only and are not intended to diagnose, treat, cure, or prevent disease.

Test Results. If your Sample is successfully processed, your Test results (“Results”) may be made available to you by email, phone, through your Account (as defined below), or through other communication channels, in each case based on your indicated communication preferences. Reports provided by Care Access are summary reports, and are not the official laboratory reports, which can be obtained by contacting [email protected]. In some cases, Results may also be made available directly to you by the relevant Lab through its own systems, independent of Care Access. Results made available through the Services are provided for informational, educational, and wellness purposes only and do not constitute a diagnosis or treatment plan. You remain responsible for consulting your own healthcare provider regarding any questions, concerns, follow-up care, or treatment decisions.

Research Opportunities. We may use the information you provide, together with any Results, to identify clinical research opportunities for which you may be eligible. If you are identified as a potential match for a clinical research study, we may provide you with additional information about the opportunity and, where applicable, offer you the opportunity to proceed with further screening or referral. Participation in any study is voluntary, not guaranteed, and subject to the requirements, eligibility criteria, informed consent process, and decisions of the applicable study sponsor, site, investigator, or other responsible party.

Optional Add-On Services. Certain Services may be made available for purchase (“Add-On Services”), including one-time or subscription-based (“Subscription”) Testing Services, which you may elect to purchase through your Account or at a Care Access or Partner location. Add-On Services may be offered in connection with a health screening or separately through the Future of Medicine program. The price and any material terms applicable to each Add-On Service, including any Subscription terms, will be presented to you at or before the time of purchase. Your purchase of any Add-On Services does not guarantee any particular result, outcome, or eligibility for or participation in any research study. Certain Add-On Services may require review and ordering by a Reviewing Professional and may not be approved or fulfilled in all cases. If a requested Add-On Service is not approved or cannot be provided, any refund will be governed by these Terms and any applicable refund terms presented at the time of purchase.

Health and Wellness Information. The Services may also include access to general health, wellness, and educational information related to your health, screening, testing, or research participation. Such information is provided for general informational purposes only and is not medical advice or a substitute for care from a qualified healthcare professional. You should always seek the advice of your physician or other qualified healthcare provider with any questions regarding your health or before making decisions based on information made available through the Services.

Support Services. We may provide administrative, coordination, and support services in connection with the Services, including assistance with intake, scheduling, communications, account access, billing, subscriptions, and other non-clinical aspects of your participation. These support services are intended to facilitate your use of the Services and do not constitute medical advice, diagnosis, or treatment.

ACCOUNT REGISTRATION

You may access certain features of the Services through the creation of an account (“Account”). If you choose to create an Account, you must provide complete and accurate information about yourself and maintain and promptly update such information so it remains true, accurate, current, and complete. You may not impersonate another person, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us promptly of any unauthorized access to or use of your Account or any other breach of security. If you provide, or we have reasonable grounds to believe you have provided, information that is untrue, inaccurate, outdated, or incomplete, or if we reasonably believe your Account has been compromised or is being used in violation of these Terms or any Additional Terms, we may suspend or terminate your Account and refuse any current or future access to the Services. We may rely on the authority of any person accessing the Services using your Account credentials and will not be responsible for any loss or damage arising from unauthorized access to your Account, except as required by applicable law.

If you choose to create an Account, the Services available through your Account may include features that allow you to complete intake information, update your details, and manage your participation in the Services; schedule, confirm, reschedule, or otherwise manage appointments; access communications related to your participation, including service messages, reminders, updates, and other notices; view your available test Results; receive notice of potential clinical research opportunities for which you may be eligible; purchase additional Services, including Add-On Services; manage subscriptions, including billing, renewals, and cancellations; and access to general health and wellness information related to the Services. Availability of Account features may vary depending on the Services you use.

ACCEPTABLE USE

You agree to use the Services in a lawful, responsible, and respectful manner and only for their intended purposes. You will not, and will not permit any third party to: (a) use the Services in violation of applicable law or for any fraudulent, misleading, or deceptive purpose; (b) provide any information that is false, inaccurate, or incomplete; (c) access or use the Services on behalf of another person without appropriate authorization, or impersonate any person or entity; (d) interfere with or disrupt the operation of the Services or attempt to gain unauthorized access to any portion of the Services or any related systems or networks; (e) use any automated means, including scraping or similar technologies, to access or collect information from the Services or introduce any virus, malware, or other harmful code; (f) copy, reproduce, distribute, modify, or otherwise exploit any portion of the Services except as expressly permitted under these Terms; or (g) use the Services in a manner that infringes or violates the rights of any third party or is inconsistent with the intended purpose of the Services, including attempting to obtain Services or information for another person without appropriate authorization. You are responsible for all activities conducted through your use of the Services, and we may suspend or terminate your access if we reasonably determine that you have violated this section.

CLINICAL OVERSIGHT

Certain Services may involve review, ordering, or Result interpretation by a Reviewing Professional. Such Reviewing Professional may be an independently licensed medical professional acting independently of Care Access through a Third-Party Provider. You understand and agree that your use of the Services does not, by itself, establish a provider-patient or other healthcare or clinical relationship between you and Care Access or any Reviewing Professional or Third-Party Provider. You are responsible for consulting your own healthcare provider for diagnosis, treatment, and ongoing care.

THIRD-PARTY SERVICES

Certain Services are facilitated by Care Access but provided by independent third parties, including laboratories, independently licensed medical professionals (including Reviewing Professionals), independent professional corporations (including Partners), clinical practice groups, and other partners (collectively, “Third-Party Providers”). Third-Party Providers are not employees, agents, or representatives of Care Access, operate independently, and are solely responsible for the services they provide. Care Access does not control, direct, or supervise such services, including any medical or professional judgment exercised in connection with them, and does not endorse, guarantee, or assume responsibility for their quality, accuracy, or outcomes. Your interactions with any Third-Party Provider, and any services they provide, are solely between you and that Third-Party Provider and are subject to any terms, consents, or notices they provide. Care Access is not responsible for the acts, omissions, services, or content of any Third-Party Provider.

USE OF ARTIFICIAL INTELLIGENCE

Certain features of the Services may use automated or artificial intelligence systems (“AI Tools”) to communicate with you by phone, text message, or other electronic channels to support your participation in, the delivery of, or your engagement with the Services, including, without limitation, scheduling, rescheduling, or confirming appointments; providing reminders and follow-up communications; collecting or confirming intake, health, status, and other information relevant to the Services; communicating general information about your participation in the Services, including updates related to your health screening, Testing Services, or Results; discussing general information about medications, treatments, or wellness topics in connection with the Services; and performing administrative, coordination, and support functions in connection with the Services.

AI Tools are designed to assist with administrative, coordination, and support functions and are not intended to provide medical advice, diagnosis, or treatment. Any health-related information communicated by an AI Tool is for general information purposes only and is not a substitute for the advice of a qualified healthcare professional. You should always consult your own healthcare provider regarding any medical questions, concerns, or treatment decisions. By using the Services, you consent to receive AI-assisted communications and acknowledge that you may be interacting with an automated system rather than a human representative.

Interactions with AI Tools may be recorded, monitored, and analyzed for quality assurance, training, compliance, and service improvement purposes. Information you provide during an AI interaction, including personal and health-related information, may be collected, stored, and used in accordance with our Privacy Policy and applicable law. You should not provide sensitive information to an AI Tool beyond what is reasonably necessary to complete the interaction or that is specifically requested by the AI Tool in connection with the Services. By engaging with an AI Tool, you consent to such recording and use.

You may opt out of AI-assisted communications at any time by contacting us at the information listed under “Contact Us” or by following any opt-out instructions provided during the communication. Opting out of AI-assisted communications may limit our ability to provide certain Services.

Care Access reserves the right to modify, suspend, or discontinue any AI Tools at any time, with or without notice, and without liability to you. We may also introduce new AI-powered features or capabilities as part of the Services, which will be subject to these Terms, the Policies, and any applicable Additional Terms.

USE OF YOUR INFORMATION

In connection with your use of the Services, you may provide, or we may collect, personal, health, and other sensitive information. You are responsible for ensuring that any information you provide is accurate and complete. You acknowledge that such information may be used and shared as necessary to provide the Services, including with Third-Party Providers for purposes such as processing Samples, generating Results, and facilitating related services. We may also collect and use information regarding your use of the Services, including usage, performance, and interaction data, to operate, maintain, improve, and develop the Services, and for related analytics and internal purposes. You acknowledge that Care Access and Third-Party Providers may be required to disclose information, including Results, to public health authorities or other governmental entities as required by applicable law. For information about how your interactions with AI Tools are recorded and used, please refer to the Artificial Intelligence section above, and for more information about how we collect, use, and disclose information, including in connection with AI Tools, please review our Privacy Policy.

LIMITATION OF SERVICES

The Services, including any Results, communications, and information made available through the Services, are for informational and educational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Care Access does not provide medical care. Any clinical services, where applicable, are provided by independently licensed medical professionals acting independently of Care Access. Care Access does not endorse or recommend any specific tests, healthcare providers, or treatment options, and does not control, direct, or supervise the medical judgment of any Reviewing Professional or other Third-Party Provider. You should always seek the advice of your own healthcare provider regarding any questions about your health, medical condition, or Results, and before making any decisions based on information made available through the Services. If any information provided through the Services is inconsistent with advice from your healthcare provider, you should follow your healthcare provider's advice. You should not disregard or delay seeking medical advice based on any information provided through the Services. Your use of the Services and reliance on any information or Results is at your own risk.

By using the Services, you acknowledge and agree that: (a) the Services, including any Results and related information, are provided for informational and educational purposes only and are not a substitute for independent professional medical advice, diagnosis, or treatment; (b) Results may be unexpected, may not align with your expectations, and may require further evaluation by a qualified healthcare provider; (c) you are responsible for consulting your own healthcare provider regarding any questions, concerns, follow-up care, or treatment decisions; (d) Care Access is not responsible for, and does not control, direct, or supervise the medical judgment of any Reviewing Professional or other Third-Party Provider; and, with respect to AI Tools: (e) AI Tools may generate responses that are incomplete, inaccurate, or not tailored to your specific circumstances; (f) AI Tools are not capable of exercising independent medical or professional judgment and should never be used for emergency circumstances or relied upon for medical advice; (g) AI Tools may not be able to address all inquiries, and certain interactions may require follow-up by a human representative; (h) AI Tools rely on the information available to the AI Tool at the time of the interaction, which may not reflect all of or the most current information regarding your Account, health status, or the Services; and (i) Care Access does not guarantee the availability, accuracy, or performance of AI Tools at all times.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Care Access, its affiliates, Partners, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Services in violation of these Terms or applicable law; (b) any information you provide that is false, inaccurate, or incomplete; (c) your misuse of the Services; or (d) your violation of any third-party rights.

DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING ANY CONTENT, RESULTS, INFORMATION, AND ANY OUTPUTS OR COMMUNICATIONS GENERATED BY AI TOOLS, IN EACH CASE MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARE ACCESS, ITS AFFILIATES, AND PARTNERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR ACHIEVE ANY INTENDED RESULTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT YOUR DEVICES, SYSTEMS, AND DATA, AND FOR MAINTAINING BACKUPS OF ANY INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARE ACCESS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Care Access, its affiliates, Partners, and their respective officers, directors, employees, and agents will not be liable, regardless of the form of action, for: (a) any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, or goodwill, arising out of or in connection with your use of, or inability to use, the Services, or any Results, content, or information made available through the Services; (b) any damages arising from (i) your reliance on any Results or other information made available through the Services; (ii) the acts, omissions, services, or medical judgment of any Third-Party Provider or any other person or entity; or (iii) any delays, interruptions, failures, or inaccuracies in the availability, performance, or content of the Services; and (c) any damages in excess of the total amounts paid by you in connection with these Terms or the Services in the twelve (12) months immediately preceding the event giving rise to the claim. Your use of the Services is at your own risk. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. Except as expressly provided in these Terms, if you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue use of the Services.

FEES, PAYMENTS, AND REFUNDS

All Services are self-pay only and are not covered by or reimbursable through any federal or state healthcare program, including Medicare, Medicaid, TRICARE, or any other government-sponsored health plan. By purchasing any Services, you acknowledge that you are solely responsible for all applicable fees and agree not to seek reimbursement from any third-party payor, including any health plan, insurer, or government program.

If you elect to purchase any Services, you agree to pay all applicable fees at the prices presented to you at the time of purchase, using a valid credit card, debit card, or another payment method we make available from time to time (each, a “Payment Method”). By providing a Payment Method, you authorize Care Access and any third-party payment processor acting on our behalf (each, a “Payment Processor”) to charge your Payment Method for all applicable fees, together with any applicable taxes. Certain fees may be charged on behalf of Third-Party Providers, and in such cases, Care Access acts solely as a billing and collection agent for such Third-Party Providers

You represent and warrant that you are authorized to use the Payment Method you provide and that your payment information is accurate and current. If your payment cannot be completed, we may suspend or cancel the applicable Services. We reserve the right to accept, decline, or cancel any transaction in our reasonable discretion, including where we suspect fraud, unauthorized activity, or a violation of these Terms.

Payments are processed through one or more Payment Processors. Your use of any Payment Processor is subject to its applicable terms, conditions, and privacy policies. Care Access does not store or control your complete payment card number and is not responsible for the performance, security, or practices of any Payment Processor.

All fees are subject to our Refund Policy. Please review the Refund Policy for details on eligibility and applicable conditions.

The Services are not health insurance, do not provide insurance coverage of any kind, and are not intended to be reimbursed by any health plan.

CHANGES TO TERMS

We may update or modify these Terms from time to time. If we make material changes, we will provide you with notice, which may be provided by email, through your Account, or through the Services, and will indicate the date on which the updated Terms will take effect. Unless otherwise stated, updates become effective on the stated effective date. In certain cases, we may require you to review and affirmatively accept updated Terms before continuing to use some or all of the Services. Your continued use of the Services on or after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

DISPUTE RESOLUTION; ARBITRATION

If you reside in the United States, you and Care Access agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (each, a “Dispute”) will be resolved exclusively through binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

You and Care Access each waive any right to a trial by jury and agree that any Dispute will be resolved solely on an individual basis and not as part of any class, collective, or representative proceeding. The arbitrator will have exclusive authority to resolve any Dispute, including any issue relating to the enforceability or scope of this arbitration provision.

The arbitration will be administered by a nationally recognized arbitration provider and conducted in accordance with its applicable rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Unless otherwise required by applicable rules or agreed by the parties, the arbitration will be conducted in the county where you reside or, at your election, through remote means.

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out within thirty (30) days of first accepting these Terms to the contact information listed under “Contact Us.” Your notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, this arbitration provision will not apply to you, but all other provisions of these Terms will remain in effect.

To the extent any Dispute is not subject to arbitration, you agree that such Dispute will be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

TERMINATION

Care Access may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including if we reasonably believe that you have violated these Terms or any applicable Additional Terms, or that your use of the Services may pose a risk to Care Access, its customers, users, or any Third-Party Provider.

You may stop using the Services at any time.

Upon termination or suspension of your access to the Services, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination will remain in effect, including those relating to limitation of liability, disclaimer of warranties, dispute resolution, indemnification, and any obligations regarding payment.

GOVERNING LAW

These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions set forth in these Terms.

GENERAL

These Terms, together with any applicable Policies and Additional Terms, constitute the entire agreement between you and Care Access regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and understandings relating to the subject matter hereof. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision or of any other provision. You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Care Access may assign or transfer these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms are intended solely for the benefit of you and Care Access and do not confer any rights or remedies on any third party, except as expressly stated in these Terms.

CONTACT US

If you have any questions about these Terms or the Services, you may contact us at:

Care Access Research LLC
33 Arch Street
17th Floor
Boston, MA 02110
[email protected]