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.