Terms and conditions of service

Updated: October 15th, 2019

“We” are the NRJY Inc., a company registered in the United States of America, under company number 7113801 and with our registered office at 251 Little Falls drive, Wilmington, DE 19808, referred as “NRJY”, “NRJY Inc.”, or the “Company” or “we” or “us”.

”Covid Testing Today” is a trademark of the Company.

”You” or “Customer” is the individual who has accessed our website or called our telephone number and intends to place or has placed an order for our Product(s).

These terms and conditions (these “Terms and Conditions”) apply to any purchase by You of our Kits and or Services, as well as during any telephone call or written correspondence between you and us. If there is any conflict between these Terms and Conditions and in any written or verbal communication between you and us, these Terms and Conditions shall prevail.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING AN ORDER FOR A KIT OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT SUBMIT ANY ORDERS FOR KITS OR SERVICES WITH US.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. BY PLACING AN ORDER WITH US, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM.

DEFINITIONS:

Capitalized terms used in these Terms and Conditions which are not defined below shall have the meaning given to them in these Terms and Conditions.

Health Consultants: in the United States of America, a “Health Consultant” is a licensed physician, who is engaged by the Company, but not employed by the Company, who is able to issue a request on your behalf for non-genomic tests.

Incubation Period: An incubation period is the period of time, from an exposure, to the time an infection becomes detectable within a person’s body. Different viruses and infections have different incubation periods and can take several months or more to become detectable.

Kit: the at-home fluid Sample packages, including collection devices and instructions, sold by the Company via its online platform for purposes of having Tests performed on such fluid Sample.

Laboratory: laboratory with a certification which has been engaged by the Company to perform services in connection with the Kits and Samples. In the United States of America, laboratories with certifications are designated as “CLIA certified.”

Personal Information: information that can be used to identify you, either alone or in combination with other information. The company collects and stores the following types of Personal Information:

a. “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g., name, gender, email, address, password, and payment information).

b. “Test Results Information” is information regarding the results of your tests, generated through processing of your Samples by the Company or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to the Company.

c. “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your account. Self-Reported Information is included in the Company Research only if it has been indicated for the Company Research use on the website and if you have given consent according to the applicable Consent Document.

Registered Doctor: doctor with a valid license to practice medicine who has been engaged by the Company or its subcontractors to perform services in connection with the Kits.

Samples: home fluid sample (consisting of blood, saliva, urine, vaginal swab, fecal matter, etc.)

Services: means NRJY Inc. products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not. Product includes any Kit purchased by a Customer.

Terms and Conditions: document describing NRJY Inc.’s terms and conditions to use the Services.

Test: the specific analysis or other processing conducted by the Laboratory with respect to the Sample provided in a Kit.

Test Results: the results after the Sample(s) has/have been tested by the Laboratory.

Validity Period: 6 (six) months from the date the Kit is shipped to the Customer.

PURCHASES AND PROCESSES

1. The Services are limited to the Services as described in these Terms and Conditions. In the United States, the Services are not available in New York, New Jersey, Massachusetts, Maryland, and Rhode Island. We reserve the right to expand or restrict the availability of Services at any time and for any reason. The Services consist of:

a. providing an online platform where you can order a Kit either online or by telephone (the “Site”);

b. sending a Kit by mail, which the Customer will send back to us or send directly to a Laboratory as directed by Company;

c. receiving Samples tested by a Certified Laboratory;

d. sending back Test Results, checked by a Registered Doctor; and

e. if the Test Results indicate a “positive”, “reactive”, “detected” or “elevated” PSA Test Result, receiving a phone call from a Registered Doctor which will offer direction and support to the customer.

If you desire or require additional specialist advice or counseling you will need to seek a local service provider. Information provided to you through the Site or otherwise in connection with the Services, the Kit or the Test Results should not be regarded as medical or health care advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding interpretation of your Laboratory Test Results, a medical condition, or other health related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed using the Services.

2. Activation - You acknowledge and agree that in order to make use of the Services you must follow the procedure required by these Terms and Conditions. When you receive the Kit, you must register it in your personal Account. Failure to register the Kit means you will not be able to access the Test Results.

3. Use services at own risk - You agree that your use of the Services is at your sole risk. We cannot and do not warrant that the Tests performed or Test Results will be 100% accurate due to the nature of the Tests being performed.

4. Validity of the test - Unless otherwise notified in writing by us, the Kit received is valid for the Validity Period. If you do not send back the Sample within the Validity Period your Test will expire and you will not be entitled to a refund. Notwithstanding the foregoing, the Company reserves the right to discontinue or recall any Kits at any time, in which case your rights shall be as set forth in these Terms and Conditions.

5. Physician order - We have partnered with a company that has physicians who, for purposes of the Services, shall serve as “Health Consultants” in the states where our customers reside and who are authorized by state law to review Customers’ Test Results. Kits for non-genomic Tests will only be mailed to you after your Test is authorized and ordered by a Registered Doctor or Health Consultant. Genomic Tests do not require review by a Registered Doctor or Health Consultant.

6. Possible requirement before taking the tests - Certain Kits require you to fast for a minimum period prior to collecting a Sample, refrain from consuming alcohol beforehand, take your Sample at a certain time of day, or prepare in other specific ways. We will provide you with clear instructions if you order a Kit with special Sample requirements. It is imperative that you follow these instructions carefully in order to receive reliable Test Results.

7. Medical questionnaire

a. In order to effectively provide the Services, you have the opportunity to complete a short medical questionnaire. The medical questionnaire asks for basic information in relation to your medical history, lifestyle, family health history and gender-specific details. You will also be asked to provide details of symptoms you may be suffering or other medical or lifestyle information you feel may be relevant to the test at the time you place an order. It is not compulsory to provide this information but it may assist us to provide a more relevant interpretation of your Test Results.

b. Except as set out in the current Terms and Conditions, any information that is collected from the medical questionnaire and/or the Test Results will be used solely in relation to the Services you have purchased from us.

c. By placing an order you give us your consent to pass any and all relevant information about you on to our Laboratories (which may be located in countries outside of the United States or the European Union) and/or to our employees and agents for the purposes of preparing your Sample and analyzing and interpreting the Test Results.

d. Any information you provide in a medical questionnaire or otherwise in connection with your purchase of the Services shall constitute Registration Information, Test Result Information or Self-Reported Information, as applicable.

8. Risks of taking your own blood - You fully understand the potential impacts and risks of taking your own blood Sample, and that you are proceeding on the basis that you accept full responsibility for any outcomes or consequences that may arise therefrom.

9. Follow the guide - We ask you to comply fully with all instructions we provide or that are included with the Kit, including step by step written or video instructions, whether on a paper guide, or an in-app guide. We cannot guarantee that you will successfully be able to complete your Sample, and we cannot be held responsible for such failure to complete the Sample. You acknowledge that Test Results depend on the quality of the Sample provided by you, so you agree to adhere to the collection protocols provided. If you do not follow these protocols, a defective or partial Test Result may occur. We may at our discretion, but are not obligated to, give you the opportunity of re-sampling free of charge if a partial Test Result is reported by the Laboratory.

10. Identify your Sample - All collecting devices should be labeled with a unique ID in your Kit at the time of delivery. If you receive a Kit which contains collecting devices that have not been so labeled, please contact us so we may send a label which will make your Sample identifiable. If we receive a Sample without a label, we will not be able to process it.

11. Fluid quantity - Sample containers for the collection of Samples are marked with the needed quantities. You must fill the containers as required in order to be able to get the Test Results. Failure to do so may result in your Sample not being processed. You understand and agree that in rare cases, viable fluid samples cannot always be taken from the Sample provided. Services will only be performed on a Kit if the Registered Doctor believes there is sufficient and viable Sample matter and other information to produce Test Results.

12. Submitting the Sample - All Samples taken using the Kit provided must be sent on the same day it is taken (in the pre-paid envelope or package provided) to enable the Sample to be analyzed. Failure to do so may lead to deterioration of your Sample which could affect the accuracy of your Test Results. We do not accept responsibility for Test Results that are compromised due to delays in returning Samples or where Samples are lost or damaged in the post. If you are concerned that your location or usual postal service will not result in next day delivery, we recommend that you return your Sample using a guaranteed next-day service. This will be at your cost. You must return the Sample using the adequate postal service, in the same country where the Sample was delivered. Please let us know that you have sent your Sample by completing the Kit activation process found on the Site. This enables us to make sure that your Sample is received in the next few days, and notify you if it has not arrived.

13. Permission to test - You give permission to the Company, its contractors (including the Laboratories and Registered Doctors), successors and assignees to perform the Services using your Samples. You specifically request the Company to disclose to you and to others you specifically authorize the Test Results.

14. Sample analysis - While we use only CLIA certified laboratories, the Laboratories may not be in your country of residence and you agree that any Sample you provide (whether it is blood, tissue, bodily fluid, or other biological Sample) and all resulting data may be transferred and/or processed outside the country in which you reside.

15. Delay between Tests and Test Results - Every Test we perform has a corresponding turnaround time which is an estimate of the time it will take for your Sample, once received by the Laboratory, to be Tested and the Test Results made available to you. It is an estimate only. It is not binding on us and we do not guarantee that Test Results will be available in the estimated turnaround time. If you purchase multiple Tests in one order we may, in certain circumstances, make Test Results available to you only when the Test Results of all Tests have been received from the Laboratory. The longest turnaround time for all of the Tests ordered may apply in this case.

16. Reactions to Test Results - You are aware that some of the information you receive may provoke strong emotions.

17. Report and interpretation - The Test Results and any accompanying interpretation will be uploaded to your secure online account (whether it is anonymous or not). You will be notified by email if you have decided not to be anonymous and if we have your email address. You only will receive a notification on your mobile phone if you have decided to stay anonymous AND if you have given us authorization to send you notifications via mobile phone.

Take note that “low”, “normal”, or “high” levels do not constitute a definitive diagnoses and further testing may be required from a medical professional to constitute a definitive diagnosis. If your Test Results are “negative” or “nonreactive”, please be aware that there can be Incubation Periods, preventing us from having an accurate Test Result. If you have a “positive”, “reactive” or “detected” Test Result you will need a further confirmatory test from a suitably qualified doctor. If you have an elevated PSA (Prostate Specific Antigen) reading you will need further testing from a suitably qualified doctor. If you have concerns with the Test Results you should consult with your own medical practitioner or contact a member of our team who will be able to direct you to other sources of support within the scope of the Services.

18. Interpretation of STD Test Results - You understand and agree that sexually transmitted diseases and other infections have Incubation Periods. Different viruses and infections have different Incubation Periods and can take several months or more to become detectable. For instance, the HIV virus can take from 28 to 90 days to become detectable, while other viruses such as Hepatitis B and Hepatitis C can take from 180 days to become detectable. Incubation Periods can vary for everyone and it is recommended to retest:

a. if you tested before the relevant Incubation Period has comfortably passed (from the time of potential exposure);

b. if you suspect that the infection has subsequently developed; or

c. if you have been potentially exposed to any relevant infection in the meantime.

d. Accuracy of Tests - False positive / False negative

You acknowledge that the Test Results do not constitute a definitive diagnosis. In a small number of cases there can be incidences of false-positive Test Results and false-negative Test Results. A person with a “negative”, “non-reactive” or “not detected” Test Result could have an infectious disease, or a person with a “positive”, “reactive” or “detected Test Result could be free from an infectious disease. All “positive”, “reactive” or “detected” Test Results should be verified by a doctor through a confirmatory test. For example a person with an elevated PSA reading may not have prostate cancer or other form of prostatic disease. A person with a normal PSA reading may have prostate cancer or other form of prostatic disease. Abnormal or elevated PSA Test Results require further testing from a doctor. An “Elevated PSA” means that the level is above the normal limit, set by our Laboratory.

19. No medical advice

a. The Company Services are for research, informational, personal and educational use only. We neither provide medical, health or other professional services or advice nor do we perform any other tasks that constitute the practice of medicine. We recommend that you always consult an appropriate healthcare professional for advice on your specific circumstances and situation. You should not change your health behaviors solely on the basis of information from the Company or otherwise received in connection with the Services.

b. The information (including, without limitation, advice, recommendations, comments, or interpretations, online content) provided by us, the Laboratories or otherwise in connection with the Services are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Content we provide are general best practices depending of the Test Results you have. Those might not be applicable to your specific health status.

c. Our comments are based on information available to us at the time, which information may be insufficient to gain a complete understanding of your health or a particular condition you may be suffering from. Moreover, while the Company attempts to keep all the information on the Site and with respect to the Services up-to-date, medical treatment and knowledge change quickly, and the Site and other information provided in connection with the Services should not be considered error-free or as a comprehensive source of all information on a particular topic. The Company makes no warranties or representations as to the accuracy of the content of the Site or other information provided in connection with the Services, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site or otherwise provided in connection with the Services.

d. You understand and agree that we are neither a health advisor nor a testing lab. We do not ourselves perform any testing on your Samples.

e. Use of the Services does not create a doctor-patient relationship.

f. You acknowledge that Health Consultants are not employees of the Company and are not providing services on behalf of the Company, but instead are independent professionals solely responsible for the services each provides to you.

g. The Company does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Site or otherwise in connection with the Services.

h. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

i. You assume the entire risk of loss in using the Site and Services and materials contained in the Site or otherwise provided in connection with the Services.

j. If you think you may have a medical emergency, call your doctor or the local emergency (in the USA: 911) immediately.

k. Based on the Test Results and/or other information that you have provided to us, we may recommend that you purchase a follow-up Test or that you see a doctor for further investigation or both. You agree that you are solely responsible for acting on such guidance and that the Company accepts no liability in the event you choose not to do so.

20. Variability of Test Results between Laboratories - You understand and agree that minor inter-Laboratory variability exists. Consequently where minor Test Results variability is seen, for example upon tracking an individual test over time, such minor variability is tolerated and you assume overall responsibility for overseeing your long-term trends. You also agree that on occasion, because of inter-Laboratory variability, minor changes may throw two adjacent test points narrowly inside and outside of ‘normal’ reference range but are essentially indicating insignificant variation.

21. Analysis not do-able - Occasionally the Laboratories are unable to test Samples sent to them. This may be because the amount of fluid collected is insufficient for full analysis, the Sample has deteriorated or clotted or because it has hemolyzed (where red blood cells damaged during Sample collection leak their contents into the surrounding plasma). Testing failure most commonly occurs with blood Samples taken using finger-prick home collection Kits. If, for any reason, we are unable to perform a Test you have ordered, we will inform you.

22. Re-testing on your own - You acknowledge and accept that Test Results outside of normal limits do occur and that your local physician may ask you to make another lab test for confirmation. This test will be paid by you, and the Company cannot be held responsible for any costs.

23. Storage of blood - Samples may be stored by one of our Laboratories or other partners for up to 10 years after the Test has been performed. Samples will be destroyed once the Storage Period has expired.

24. Sample return - Your Sample, (whether it is blood, tissue, bodily fluid, or other biological Sample) is processed in an irreversible manner and cannot be returned to you.

25. Reporting of Test Results to Local, State and/or Federal Authorities - You acknowledge and accept that the ordering Registered Doctor and the Laboratory may be compelled by law or regulation to report your Test Laboratory Results to the local, state, or federal health authority. For example, many states require the testing Laboratory and physician to report most positive STD tests to the local health department.

26. Sharing of genetic and non-genetic information

a. Genetic and non-genetic Information you share with others could be used against your interests. You should be careful about sharing information with others. Information that you choose to share with your physician or other health care provider may become part of your medical record and, through that route, may be accessible to other health care providers and/or insurance companies in the future. Information that you share with family, friends or employers may be used against your interests. Even if you share information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. You take responsibility for all possible consequences resulting from your sharing with others access to your Personal Information and/or Test Results.

b. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (GINA) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, at this time, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody, particularly as laws affecting this area are constantly changing.

c. If you are asked by an insurance company whether you have learned genetic information about your health conditions and you do not disclose this to them, this may be considered to be fraud.

d. Disclosure by the Company of individual-level genetic and non-genetic information to third parties will not occur without explicit consent, unless required by law. Note that the Company cannot control any further distribution of Personal Information that you share publicly on the Site. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that the Company has no obligation to do so on your behalf.

CONTRACT

27. Minors - Due to the nature of the internet, we cannot prohibit minors from visiting the Site. However, all purchases of Services from our Site must be made by adults 18 years of age or older, and all users who register with our Site must be 18 years of age or older or provide parental consent.

28. Self-choice - Some of the Tests sold by the Company are specialist pathology Tests. You agree that you are solely responsible for selecting Tests and that any Tests you do purchase from the Company are suitable for you and their intended purpose. If in doubt, please talk to your doctor or a qualified medical professional.

29. Right to refuse a customer - The Company is under no obligation to accept any individual as a Customer and may accept or reject any registration in its sole and complete discretion.

30. Orders and availability - Our b will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After placing an order for the Services via our Site you will receive an email from us acknowledging that we have received your order. All orders are subject to acceptance by us and we are under no obligation to accept an order whether confirmed or not. Orders are only binding on us when we send you an invoice after order and when we collect the purchase price and all related charges from your credit card or any other payment method accepted by us (“Order Confirmation”). You should check the invoice immediately and notify us of any mistake by email to billing@covid-testing-today.com straight away; otherwise the details stated in the invoice will apply to your order.

For Customers not opting for our subscription product, if you request further tests (including re- tests), each such request constitutes an additional and separate order which we will notify you as being accepted by us pursuant to these the Company Terms and Conditions (or a new version thereof). For Customers opting for our subscription product, your initial order constitutes acceptance of the Company Terms and Conditions (or a new version thereof) for all subsequent tests.

All Services shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Services, the subject of a confirmed order, are not available, and we will not process your order if such is the case. If we accept your order, we reserve the right to notify you at any time before delivery of the unavailability of the Kit or Service. You can then cancel the order and we will refund you all money paid in full.

31. Price and payment, automatic renewals - The price of the Services will be as quoted on the Site at the time you submit your order. Payment must be received in full in cleared funds prior to us processing your order. A valid credit card number, expiration date and card security code or a valid PayPal account is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card or PayPal account you provide, we may cancel your order or request an alternate form of payment. The Company’s designated payment processor will collect your payment information and related personal information for its use in processing your payment for the products or services ordered by you. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.

If you purchase a subscription, you will be charged in accordance with the subscription frequency you select (for example, monthly, quarterly, or bi-annually) at the beginning of the month for the subscription fee. If you purchase a subscription, you agree to keep your payment information (i.e.: credit card information) current. If the credit card you use for the subscription fee becomes invalid or declined, we will contact you by email so that you can update the card information.

If and where available, payment of the consultation fee will allow you to schedule an appointment with a Health Consultant. You agree and understand that Health Consultants are not employees of the Company, and that the Company is not required to provide you with a list of Health Consultants. If you cancel a scheduled appointment with a Health Consultant without providing the required prior notice as described on the Site, you might be charged a cancellation fee, depending on the Health Consultant’s terms and conditions.

We will provide you with an invoice on request, which will set out the Laboratory’s costs of the Kit and the blood testing services and, where relevant, the Registered Doctor’s costs of the Test Results preparation

32. Suspension and postponing - You may suspend or postpone the delivery of your subscription by following the instructions on the Site. However, you will not be able to suspend or postpone if we have already started preparing you next Kit. You will be alerted by email when we start preparing your next box.

33. Delivery - The Kit is normally dispatched within two days of Order Confirmation to the address you provided us with, prior to Order Confirmation. If you change the delivery address after we have sent you the Order Confirmation, the Kit will be delivered to the original address you supplied to us. We will only arrange to have a Kit delivered to a different address, if we accept it as part of the Order Confirmation. Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Kit and a date for the provision of the Test Results) are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence unless previously agreed by us in writing. A Kit may be shipped by us to the agreed delivery address in advance of any scheduled delivery date. Risk of loss with respect to a Kit passes to you on delivery of the Kit to the agreed delivery address. Title to a Kit will only pass to you when full payment is made to us for all the charges specified in the confirmed order. If you receive the wrong Kit, damaged/faulty Kits or certain items are absent from the Kit, then please send us an email within seven days of receipt of the Kit at customerservice@covid-testing-today.com containing the following information: the unique ID, and the list of the missing or faulty item(s). Upon receipt of such notice we will arrange for a replacement product to be sent to you as soon as possible.

34. Cancellations and refunds policies -

COVID-19 Tests - You will have no right to cancel the Services of any COVID-19 Test (PCR or Rapid) after sample collection was done. You can however cancel your appointment at anytime prior to the appointment. If you do not come to your appointment, you will have the choice to either cancel, or get a refund.

The time frames provided are the best estimate.  We do not take responsibility for delays cause by the laboratories we work with.

At home kits - Refunds will be considered upon request and are only permitted when requested prior to Kit shipment. No refunds are provided, however, for the physician order component. In addition, no refunds, credit, or additional services are provided after six (6) months from the date of the Kit purchase.

You will have no right to cancel the Services contract and receive a refund if we have made available the Test Results via your Account dashboard within 14 days of the day after we have accepted your order; as we, the Laboratory and the Registered Doctor would have fully performed the Services contract as it relates to your order. This provision will apply in a similar manner to each subsequent re-test that you request and order we accept. If you have a right to cancel the Services contract and wish to do so, you must email us at customerservices@covid-testing-today.com with details of your order (including the date it was accepted, your name and any order reference number we provided to you) and a clear statement that you wish to cancel your Services contract, in either case before the expiry of the 14 day period. For subscription Customers, you can cancel your Services contract through your dashboard at any time. If you cancel a Services contract within this 14 day period, you will (subject to any deduction permitted by law) receive a refund for all money paid by you for the Services contract. The refund will be made as soon as reasonably possible, but not later than 14 days after the date on which we were informed about your decision to cancel the Services contract. We will reimburse you using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise.

We reserve the right to deduct the following reasonable amounts which we consider to be in proportion to what Services have been performed up until the point you communicate cancellation to us: (1) If your blood Sample has been received by the Laboratory before the date that we receive notice of your decision to cancel the Services contract, but you have not yet received the Test Results, we will refund you 10% of the relevant Service price; or (2) If you have not sent your blood Sample to the Laboratory for testing before the date that we receive notice of your decision to cancel the Services contract, we will refund you the relevant Services price less $10. The $10 is used to cover the cost of the Kit and postage. The Kit can be disposed by placing it in general waste.

If you inform that the Kit was damaged or defective upon receipt, you will be entitled to a replacement or, where we are unable to send you a replacement Kit within a reasonable time, a refund of the relevant Services price. You will need to send us a picture of the received package and other evidence reasonably requested by us in order for the foregoing remedy to apply.

All other circumstances will be assessed on a case by case basis.

35. Modifications to Services - The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof including any Kit) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Company features or Services, and (ii) the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services including any Kit.

You acknowledge that the Company may offer different or additional technologies or features to collect and/or interpret non-genetic information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Information without fee, and that you will have to pay additional fees in order to have your Information collected, processed, and/or interpreted using any future or additional technologies or features.

INTELLECTUAL PROPERTY

36. Proprietary Rights - You acknowledge and agree that the Company (or the Company’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents, copyrights, and trademarks) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, in whole or in part unless expressly permitted or required by law. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of the Company and/or its suppliers. Your use of the Software is governed by the current terms and conditions. You may not install or use any Software that is accompanied by or includes Terms and Conditions unless you first agree to these Terms and Conditions.

NRJY Inc., NRJY, PREVENT ONETM, and other the Company logos and product and service names are trademarks of the Company, and these marks together with any other the Company trade names, service marks, logos, domain names, and other distinctive brand features are the “the Company Marks”. Unless you have agreed otherwise in writing with the Company, other than through a limited license, nothing in the Terms and Conditions gives you a right to use any the Company Marks and you agree not to display, or use in any manner, the Company Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

The Company grants you a limited, personal, non-transferable, non-sublicenseable, and non-exclusive right and license to use the object code of its Software on a single computer. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. Any rights not expressly granted herein are reserved.

37. Waiver of Property Rights - You understand that by providing any Sample, having your genetic and non-genetic information processed, accessing your genetic information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by the Company or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic information or Self-Reported Information.

38. Equitable Relief - We may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

LAW

39. Customer Conduct - Unlawful and Prohibited Use - As a condition of your use of the Services, you warrant to the Company that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your Sample collection Kit was shipped from the Company.

You acknowledge and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

If you violate the Terms and Conditions and/or the Company has a reasonable ground to suspect that you have violated the Terms and Conditions, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

40. Applicable Law - These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Delaware. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Delaware. The Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. The Company makes no representation that material on the Services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Services from other locations do so by their own initiative and are responsible for compliance with local laws.

41. Limitation of Liability - Within the limits allowed by applicable laws, you expressly acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:

a. the use or the inability to use the Services or Site;

b. any action you take based on the information you receive in through or from the Services or Site,

c. your failure to keep your password or account details secure and confidential,

d. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services or Site;

e. unauthorized access to or alteration of your transmissions or data;

f. the improper authorization for the services by someone claiming such authority; or

g. statements or conduct of any third party on the Services.

42. Indemnity - You agree to indemnify, defend and hold the Company, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms and Conditions; or your violation of any rights of another.

43. If you have submitted a Sample, you will defend and hold harmless the Company, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from testing your Sample. In addition, if you choose to provide your Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless the Company, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Information.

44. Disclaimer of Warranties - The Services and all materials, information, software, products, tools, and services included in or available through the Services are provided “as is” and “as available” without warranty of any kind, express or implied. The Company and its suppliers disclaim all express and implied warranties with regard to the Services and all materials, information, software, products, tools, and services included in or available through the Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Services is at your own risk. Access to the Services may be interrupted and the materials, information, software, products, tools, and services included in or available through the Services may not be error-free. None of the Company, its suppliers, or anyone else involved in creating, producing, or delivering the Services or the materials, information, software, products, tools, and services included in or available through the Services warrants that the materials, information, software, products, tools, and services included in or available through the Services are accurate, reliable, complete, useful, or correct; that the Services will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

45. Events outside our control

a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an “Event Outside Our Control”).

b. If an Event Outside Our Control takes place that affects the performance of our obligations under any order:

i. we will contact you as soon as reasonably possible to notify you;

ii. our obligations under an order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery to you, we will arrange a new delivery date with you once the Event Outside Our Control is over; and

iii. You may cancel any order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, we will refund in full the total price you have paid for the order.

46. Export Control and Applicable Laws and Regulations - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree (1) that providing your Sample is not subject to any export ban or restriction in the country in which you reside, (2) that your Sample and data may be transferred and/or processed outside the country in which you reside, and (3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access the Company’s Services online.

47. Violation or Suspected Violation of Terms of Service - If you violate the terms of these Terms and Conditions and/or the Company has a reasonable ground to suspect that you have violated the terms of these Terms and Conditions, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

ABOUT THE TERMS & CONDITIONS

48. Right to Change Terms and Conditions - We may at any time change these Terms and Conditions without notice to you. When these changes are made, the Company will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You will be required to accept each of these in the form they are then in every time you submit an Order as they are legally binding on you. You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, the Company will treat your use as acceptance of the updated Terms and Conditions. You agree to review these Terms and Conditions periodically. Any changes to these Terms and Conditions will be effective immediately upon the posting of the modified Terms and Conditions to the Site. If you opt to cancel the order for any reason, you must return any relevant testing Kit you have already received (that has not been opened, used or damaged).

49. Changes to the Terms - Content, prices, and availability of the services are subject to change without notice. Errors will be corrected where discovered, and the Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, our designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

50. Geographic Restrictions - The owner of the Site is based in the United States. We will not accept Orders from users which are resident outside the countries identified on the Site as countries from where we will accept Samples. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the designated appropriate countries. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

51. Termination - The Terms and Conditions will continue to apply until terminated by either you or the Company as set out in this section. If you want to terminate your legal agreement with the Company, you may do so by notifying the Company at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to the Company’s address, which is set out in the contact section of the Terms and Conditions. We will reach out to you to ask for confirmation, and your notice will be effective following receipt of a second email confirmation from you. The Company may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:

a. you have breached any provision of the Terms and Conditions (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms and Conditions);

b. the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

c. the partner with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;

d. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us, the Laboratory and the Registered Doctor to provide the Services; you do not, within a reasonable time, allow the Laboratory to deliver the Kit to you; or you do not, within the time period referred to in these Terms and Conditions, send your Sample to the Laboratory;

e. the Company is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or

f. the provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable.

If we end the Services contract in any circumstances set above, we will (on behalf of the Laboratory and the Registered Doctor, as appropriate) refund any money you have paid in advance for Services that have not been provided, but we may deduct or charge you a reasonable amount as compensation for costs we, the Laboratory or the Registered Doctor have incurred or will incur as a result of ending the Services contract, including any extra work that is required as a result of the circumstances set above.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Services.

MISCELLANEOUS

52. Contact Information – Specific questions and comments should be directed to the appropriate department. While we make every effort to respond to all correspondence within 1 business week, we cannot guarantee a response to every electronic communication. The contact information for the company is as follows:

NRJY Inc.

251 Little Falls drive

Wilmington, DE 19808

Attn: Law Department

53. Severability - If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision

54. Entire Terms and Conditions - These Terms and Conditions, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Kits and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.

55. Survival of terms - When the Terms and Conditions come to an end, all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all applicable sections shall continue to apply to such rights, obligations, and liabilities indefinitely.

56. Communication to us - Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

57. Third party terms and services - The Site and Services are only supplied for domestic and private use. If you use the Site or Services with our consent, written or otherwise, for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you receive the Services via any commercial, business or re-sale third party channel, we will have no liability to you for the third-party provisions which are governed by the agreement between you and the third party. If you receive third party doctor advice as part of follow-up consequently to the test results, irrespective of whether the Company provided the follow-up pathway, we will have no liability to you for the third party provisions which shall be governed by the agreement between you and the third party.

58. Use of the Online Services by Health Care Providers and Health Plans - If you are a health care provider or a health plan, you represent and warrant that when accessing or using the Site or Services you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents. You are warranting that, if you are an insurance company or an employer, you are not attempting to obtain information about an insured person or an employee without its consent.

59. Waiver - The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

60. Term for cause of action - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Kits, the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

61. Admissibility of printed version - A printed version of these Terms And Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms And Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

62. Section titles - The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

63. Assignment - You may not assign or delegate any rights or obligations in these Terms and Conditions. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms and Conditions, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, for any third party that assumes our rights and obligations under these Terms and Conditions.

64. Parties - This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

65. Paragraphs of the terms - Each of the paragraphs of the Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Terms and conditions of use

Updated: October 15th, 2019

”Covid Testing Today” is a trademark of the Company.

”You” or “Customer” is the individual who has accessed our website or called our telephone number and intends to place or has placed an order for our Product(s).

These terms and conditions along with our Privacy Policy (together, these “Terms and Conditions”) apply throughout our Site. If there is any conflict between these Terms and Conditions, policies, and any other terms or conditions found elsewhere on our Site, or in any written or verbal communication between you and us, these Terms and Conditions shall prevail.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OUR SITE.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING OUR SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THEM.

YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE.

DEFINITIONS:

Capitalized terms used in these Terms and Conditions which are not defined below shall have the meaning given to them in these Terms and Conditions.

Kit: the at-home fluid Sample packages, including collection devices and instructions, sold by the Company via its online platform for purposes of having tests performed on such fluid Sample.

Personal Information: information that can be used to identify you, either alone or in combination with other information. The company collects and stores the following types of Personal Information:

Samples: home fluid sample (consisting of blood, saliva, urine, vaginal swab, fecal matter, etc.)

WEBSITE AND MOBILE APPLICATION ACCESS

In order to simplify the following paragraphs, we will refer to “Site” for the Company’s websites (including but not limited to www.covid-testing-today.com) and collectively with with any affiliated mobile application.

1. Accessing the Site and Account Security

a. In consideration of your use of the Services, you agree to: (i) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, incomplete, or inconsistent with the Company’s policies, or if the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current, incomplete or inconsistent with the Company’s policies, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your Sample collection Kit was shipped from the Company.

b. After you have purchased our Services, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. On the mobile application, you are responsible for maintaining the confidentiality of the unlocked access to your mobile device: using a password, facial recognition, finger print, or any other method used to unlock your phone. You are also responsible for maintaining the confidentiality of the chosen method used to access the mobile application itself. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

c. You agree to immediately notify the Company in writing of any unauthorized use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

d. We reserve the right to withdraw or amend this Site, and any Services or materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.

e. You agree that all information you provide to register with this Site or otherwise, including but not limited to Registration Information and other Information you provide through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

f. You also agree to ensure that you exit from your account at the end of each session.

g. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. We may rely on the authority of anyone accessing your account or using your login credentials and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction by us under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password.

h. You are using the Site in your own name and not on behalf of anyone else; you will not allow any other person to use the Site under your name, nor will you in using the Site, pretend you are someone else, or seek to disguise your identity. You are using the Site and Services for your own benefit and not for the purposes of providing Services to others.

i. As a user of the Site, and subject to these Terms and Conditions, you are authorized to view content of the Site only for your own personal, non-commercial use without any right to download, copy, or adapt any such content. In doing so you undertake not to reproduce, duplicate, copy or re-sell any part of the Site or content, and not to access to collect any market research for a competing business.

j. Subject to the undertakings you give in these Terms and Conditions, we grant you a non-exclusive, non-transferrable right and license to use the Site and any software on our server which is enabled by your use of the Site, solely to access the Site and Services.

k. You will comply with all applicable laws in your use of the Site and the Services and will not use the Site and the Services for any unlawful purpose.

l. The mobile application is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the mobile application on a mobile phone with a modified operating system may undermine security features that are intended to protect your personal information from unauthorized or unintended disclosure. As a result, you may compromise your personal information if you use the mobile application on a mobile phone that has been modified. Use of the mobile application on a mobile phone with a modified operating system is a material breach of these Terms and Conditions of Use.

2. Site availability - Whilst we endeavor to ensure the Site is accessible at all times during a normal working day, we accept no responsibility for the Site being inaccessible or unavailable at any time.

3. Information about you and your visits to the Site - All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Remove access to the online services - We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (1) modify, suspend, or terminate operation of your access to the Services, or any portion of the Services, including but not limited to for your violation of these Terms and Conditions; (2) modify or change the Services, or any portion of the Services; and (3) interrupt the regular operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Services.

CONTENT

5. Content You Post on the Site – You are responsible for all content that you post on, transmit through or download from the Site (“User Content”). User Content does not include “Protected Health Information,” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”), that you may provide or submit to us when requesting Services. By posting or transmitting User Content on or through the Site, you represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and Conditions and in the manner contemplated by us and the Terms and Conditions.

We may remove any User Content that violates these Terms and Conditions or that we determine is otherwise not appropriate for the Site in our sole discretion. The Company is under no obligation to accept any individual as a Customer or user and may accept or reject any registration in its sole and complete discretion.

6. Reliance on Information Provided – The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any materials provided by any third parties. If you visit third party-owned websites or online applications by clicking links on the Site, we encourage you to consult the privacy policy and the terms and conditions of each such website or online application you visit.

INTELLECTUAL PROPERTY

7. Proprietary Rights - You acknowledge and agree that the Company (or the Company’s licensors, as applicable) own all legal right, title, and interest in and to the Site and Services, including any intellectual property rights (including but not limited to patents, copyrights, and trademarks) which subsist in the Site or Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Site and Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.

You further acknowledge and agree that the Site and Services and any necessary software used in connection with the Site and Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Site or Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, in whole or in part unless expressly permitted or required by law. Software, if any, that is made available to download from the Site or Services, excluding software that may be made available by end-users through the Site or Services, is the copyrighted work of the Company and/or its suppliers. Your use of the Software is governed by the current terms and conditions. You may not install or use any Software that is accompanied by or includes Terms and Conditions unless you first agree to these Terms and Conditions.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Site or Services.

The Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Site or Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

The Company grants you a limited, personal, non-transferable, non-sublicenseable, and non-exclusive right and license to use the object code of its Software on a single computer. You agree not to access the Site or Services by any means other than through the interface that is provided by the Company for use in accessing the Site or Services. Any rights not expressly granted herein are reserved

These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user Terms and Conditions for such applications.

If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

8. Material provided to the Company - The Company does not claim ownership of the User Content you provide to the Company (including feedback and suggestions) or post, upload, input, or submit to the Services. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Site or Services.

However, by submitting, posting, or displaying User Content, you give the Company, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of a limited license granted by the Company) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, transmit, license, sublicense, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for the Company to make such User Content available to other companies, organizations, or individuals with whom the Company has relationships, and to use such User Content in connection with the provision of those services.

You understand that the Company, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit the Company to take these actions. You represent and warrant to the Company that you have all the rights, power, and authority necessary to grant the above license.

9. Links to the Online Services - You should not link to the Site or Services, nor use the Company’s name, trademark, logos, or otherwise refer to the Company in any public communications without first obtaining the Company’s advance written consent. Requests to link to the Site or Services or use the Company’s name should be directed to the Company media relations.

10. Digital Millennium Copyright Act (DMCA) Notification - We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms and Conditions or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

b. A description of where the material that you claim is infringing is located on the Site (including the exact URL);

c. An address, a telephone number, and an e-mail address where we can contact you;

d. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and

f. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to our designated agent at: Director of Communications. Email: copyright@covid-testing-today.com.

We will terminate the user account of any user who repeatedly submits User Content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the Site more than twice.

11. Equitable Relief - We may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.

RESTRICTIONS ON USE

12. Customer Conduct; Unlawful and Prohibited Use - You acknowledge and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

a. upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;

b. provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

c. impersonate any person or entity, including, but not limited to, anyone affiliated with the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services or Site;

e. “stalk” or otherwise harass another;

f. upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

g. use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use;

h. download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner;

i. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of the Company or any other party;

j. harm minors in any way;

k. advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;

l. upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;

m. upload, post, email, or otherwise transmit any material that contains software viruses, worms, defects, Trojan horse, time bombs, date bombs, adware, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

n. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by the Company;

o. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;

p. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

q. violate these Terms and Conditions, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with the Company; or

r. intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

s. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services;

t. interfere with the operation or availability of the Services, or the hardware, software and network(s) used to operate the Services;

u. create or access member’s user accounts using any automated means or under false pretenses;

v. introduce any keystroke logging or any other monitoring code into the Site;

w. otherwise use the Services or the Site in any manner that exceeds the scope of the access right described above.

x. attempt to collect or use personal information about users or third parties without their consent;

y. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

z. use meta tags or any other hidden text using our name without our written consent. You also undertake not to link or attempt to link the Site with other sites or Services or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services;

aa. use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way

LAW

13. Applicable Law - These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of Delaware. Any dispute between the Company and you related to these Terms and Conditions shall be resolved exclusively by the state and federal courts of the State of Delaware. The Site and Services can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to your access to or use of the Services. The Company makes no representation that material on the Site or Services is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Site and Services from other locations do so by their own initiative and are responsible for compliance with local laws.

14. Limitation of Liability - Within the limits allowed by applicable laws, you expressly acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:

a. the use or the inability to use the Services or Site;

b. any action you take based on the information you receive in through or from the Services or Site,

c. your failure to keep your password or account details secure and confidential,

e. unauthorized access to or alteration of your transmissions or data;

f. the improper authorization for the services by someone claiming such authority; or

g. statements or conduct of any third party on the Services.

15. Indemnity - You agree to indemnify, defend and hold the Company, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Site or Services; your connection to the Site or Services; your violation of the Terms and Conditions; or your violation of any rights of another.

16. Disclaimer of Warranties - The Site and Services and all materials, information, software, products, tools, and services included in or available through the Site and Services are provided “as is” and “as available” without warranty of any kind, express or implied. The Company and its suppliers disclaim all express and implied warranties with regard to the Site and Services and all materials, information, software, products, tools, and services included in or available through the Site and Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your access and use of the Site and Services is at your own risk. Access to and use of the Services may be interrupted and the materials, information, software, products, tools, and services included in or available through the Site or Services may not be error-free. None of the Company, its suppliers, or anyone else involved in creating, producing, or delivering the Site and Services or the materials, information, software, products, tools, and services included in or available through the Site and Services warrants that the materials, information, software, products, tools, and services included in or available through the Site and Services are accurate, reliable, complete, useful, or correct; that the Site and Services will be available at any particular time or location; that any defects or errors will be corrected; or that the Site and Services are free of viruses or other harmful components. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

17. Violation or Suspected Violation of Terms of Service - If you violate the terms of these Terms and Conditions and/or the Company has a reasonable ground to suspect that you have violated the terms of these Terms and Conditions, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

18. This Site is offered and available to users who are 18 years of age or older. We do not collect or maintain Personal Information from people we actually know are under 18 years old. If we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. By using this Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site.

19. Geographic Restrictions - The owner of the Site is based in the United States. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the designated appropriate countries. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

MISCELLANEOUS

20. Contact Information – Specific questions and comments should be directed to the appropriate department. While we make every effort to respond to all correspondence within 1 business week, we cannot guarantee a response to every electronic communication. The contact information for the company is as follows:

NRJY Inc.

251 Little Falls drive

Wilmington, DE 19808

Attn: Law Department

21. Severability - If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision

22. Entire Terms and Conditions - These Terms and Conditions, including the other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.

23. Survival of terms - When the Terms and Conditions come to an end, all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all applicable sections shall continue to apply to such rights, obligations, and liabilities indefinitely.

24. Communication to us - Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

25. General Practices Regarding Use and Storage - You acknowledge that the Company may establish general practices and limits concerning use of the Site or Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Company, the maximum disk space that will be allotted on the Company’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that the Company has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that the Company reserves the right to change these general practices and limits in its sole discretion.

26. Third party terms and services - The Site and Services are only supplied for domestic and private use. If you use the Site or Services with our consent, written or otherwise, for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you receive the Services via any commercial, business or re-sale third party channel, we will have no liability to you for the third-party provisions which are governed by the agreement between you and the third party. If you receive third party doctor advice as part of follow-up consequently to the test results, irrespective of whether the Company provided the follow-up pathway, we will have no liability to you for the third party provisions which shall be governed by the agreement between you and the third party.

27. Use of the Online Services by Health Care Providers and Health Plans - If you are a health care provider or a health plan, you represent and warrant that when accessing or using the Site or Services you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act and its implementing regulations and other federal and state privacy and data security laws, and you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents. You are warranting that, if you are an insurance company or an employer, you are not attempting to obtain information about an insured person or an employee without its consent.

28. Waiver - The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

29. Term for cause of action - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access or use of the Site or Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

30. Admissibility of printed version - A printed version of these Terms And Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms And Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

31. Section titles - The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

32. Assignment - You may not assign or delegate any rights or obligations in these Terms and Conditions. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms and Conditions, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, for any third party that assumes our rights and obligations under these Terms and Conditions.

33. Parties - This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

34. Paragraphs of the terms - Each of the paragraphs of the Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.