Terms and Conditions

By proceeding with services (“Results+)”) provided by Spectrum MDX (The “Provider”), you agree that you have read, understand and consent to this form (the “Consent”), for use of the Spectrum MDX patient data management system (the “Provider” or “Results+”). You understand that it may be required to have presumptive positives confirmed by a certified laboratory depending on the type of test selected. You FURTHER CONSENT to allow the laboratory to make the results of such screen(s) available to the Medical Review Officer (MRO) and/or: The Designated Employer Representative, Test administrator. You agree to release, indemnify and hold harmless the Provider and the Provider’s officers, directors, employees, agents, laboratory, manufacturer of test devices, volunteers, shareholders, affiliates, contractors, and permitted successors and assigns (the “Releasees”) from any and all causes of action, claims, losses, demands, requests, damages, fines, liabilities, expenses, penalties, punitive damages, reasonable legal and accounting fees and costs of any kind or amount whatsoever or any recourse whatsoever in respect of any personal injuries or other damages which may occur or arise for any reason and/or any act or omission of the indemnifying party and the Releasees, and/or assigns that occurs that occurs in connection with this consent, or with use of Services, including but not limited to injury, including death you or next of kin may suffer, resulting directly or indirectly from use of the Services, including test or lab errors, data breaches, technical malfunctions, false negative/positive results, mechanical failures of equipment used or through the provision of our services.

Spectrum Medical Diagnostics, Inc. specifically disclaims any/all liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of our website or any content, information, materials, products or services herein. You declare that you will not commence litigation or otherwise seek to recover damages or other compensation. You hereby acknowledge and agree that the Courts of the Province of Ontario shall have exclusive and preferential jurisdiction to entertain any complaint, demand, claim or cause of action, whatsoever arising out of the testing, interpretation or release of your results. This indemnification will survive the termination of Services.

You understand that Personal Health Information (“PHI”) is confidential and will only be intentionally disclosed to outside parties with permission or as required by law. Test results, if positive, will be made available to our team, lab partners, yourself, and to public health as required by law. You understand that, however unlikely, there are increased risks to the security and confidentiality of PHI. The risks include, but are not limited to, the following: The privacy and security of email / technology based/technology-based communication cannot be guaranteed. Employers and online services may have a legal right to inspect and keep emails /messages that pass through their system. Technical failures and technological issues may result in a loss of PHI and/or delay or interruption. Provider is not responsible for "lost" emails. Provider assumes no responsibility or liability for any technical failures or technological issues associated with delivering results to you by email. You hereby authorize Spectrum MDX Results+ platform to collect, use and disclose PHI and test results in accordance with this Consent and as required by law.