Terms & Conditions

Effective Date: 04/01/2021

WILCREST DOES NOT PROVIDE SERVICES FOR MEDICAL EMERGENCIES OR URGENT
SITUATIONS. IF YOU BELIEVE YOU OR THE PERSON YOU ARE CONTACTING US FOR
ARE EXPERIENCING A MEDICAL EMERGENCY, OR IF YOU OR THEY ARE IN NEED OF
IMMEDIATE MEDICAL ASSISTANCE CALL 911 IMMEDIATELY. DO NOT RELY ON
COMMUNICATION FROM WILCREST FOR ANY URGENT MEDICAL NEEDS.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.


These Terms of Use (“Terms”) govern your use of the services provided by Wilcrest Medical
Group, PA. and certain affiliated professional entities (collectively, “Wilcrest”, “we” or “us”)
relating to ordering laboratory tests (“Tests”), including, without limitation, physician oversight of
Test requests, receipt of Test results (“Results”), education sessions (“Education Sessions”),
telemedicine consultations with Wilcrest physicians (“Consults”), any customer support or
counseling and any other related services provided by Wilcrest or its business services provider
FPK Services, LLC (the “Services”). Wilcrest is not responsible for its Services, including,
without limitation, the provision of the Test, the Results or other Services provided through or in
connection with Wilcrest’s website. In these Terms, the terms “you” and “yours” refer to the
person accessing and/or using the Services.


Your use of Wilcrest’s Services are subject to any additional terms and policies, such as our
Notice of Privacy Practices below and any consents, of which we provide notice to you.


By using Wilcrest’s Services you acknowledge that you have read, understood and agree to be
legally bound by and comply with these Terms, the Notice of Privacy Practices, and any and all
additional terms and policies.

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE WILCREST’S SERVICES.

  1. Changes to our Terms. We reserve the right to modify or amend these Terms, in whole
    or in part, at any time, and for any reason, in our sole discretion, with or without liability
    to you or any third party. All changes to these Terms will be effective immediately upon
    their posting to Wilcrest’s website. We will notify you of material changes to these Terms
    by posting the changes on Wilcrest’s website. Continued use of the Wilcrest website
    after the effective date of such modified Terms will indicate your acknowledgment and
    agreement to be bound by the modified Terms. You are expected to check this page
    from time to time so you are aware of any changes, as they are binding on you. Each
    version of our Terms will be prominently marked with an effective date at the top of this
    page. If any of the provisions of these Terms are not acceptable to you, your sole and
    exclusive remedy is to discontinue your use of Wilcrest’s Services and the Wilcrest
    website.
  2. Medical Advice. Except for Consults, Wilcrest does not provide medical advice and the
    Services including, without limitation, Education Sessions are provided solely for
    informational purposes, and do not constitute treatment or diagnosis of any condition,
    disease or illness. Wilcrest does not and will not replace your existing primary care
    physician or other relationship with your physician. You should not make medical
    decisions without consulting with a physician. Do not disregard medical advice from your
    healthcare provider or delay seeking such advice based on the information obtained as a
    result of your use of Wilcrest’s Services. Wilcrest’s Services are not intended to make a
    medical necessity determination. You are solely responsible for initiating follow up care
    with your primary care physician or other such physician: for care, diagnosis, and
    medical treatment.
  3. Medical Records. To get a copy of your health record including any Results please
    contact us at 1 (800) 456-2323 or email us at support@stdcheck.com.
  4. Messaging. By accepting the Terms, you understand that Wilcrest may send you
    messages, reports and emails regarding the Services, Tests, Results, and/or any
    personal or health information you have provided in connection with the Services. You
    further understand and agree that it is your responsibility to monitor and respond to
    these messages, reports, and emails.
  5. Eligibility. Wilcrest Services are not intended or designed for individuals under the age
    of 18. By using Wilcrest’s Services you confirm that you are age 18 or over.
  6. United States Residents. The Services are intended for individuals located and
    residing in the United States. However, Wilcrest Services may not be available in certain
    U.S. states. You will be notified if Wilcrest Services are not available in the state in which
    you are located. You agree that any and all data you provide or make available shall
    relate only to users located in the United States. By using Wilcrest’s Services you
    confirm that you are located in the United States when you use either Wilcrest’s website
    or Wilcrest’s Services. You shall not use Wilcrest Services or access the Wilcrest
    website outside of the United States and Wilcrest disclaims any responsibility for any
    attempt by you to do so.
  7. You agree that any data submitted or provided by you or on your behalf in connection
    with the Services is truthful, accurate, and appropriate. You agree that the Services that
    you request are for your own personal use and that you will not order a Test for another
    person.
  8. You may be ineligible for a Test based on the information that you provided (e.g., certain
    Tests may only be intended for women) or otherwise. You will be notified if it is
    determined that you are not eligible for a Test.
  9. Payment. Wilcrest will collect your payment via its business services provider’s website.
    Its business services provider, FPK Services, LLC will be acting as its collection agent.
    You will be notified of the fees for Wilcrest’s Services on the business services provider’s
    website. Wilcrest reserves the right to change prices at our sole discretion at any time;
    however, the business services provider’s website will reflect then-current prices.
    Wilcrest Services are paid for by you and are not intended to be reimbursed by any
    health plan. Wilcrest does not submit or process insurance paperwork or claims. You
    understand that Wilcrest Services are solely your financial responsibility and that you will
    not submit any invoice or claim for reimbursement to any insurer or health plan
    (including, but not limited to, Medicare, Medicaid or any private health insurer or plan).
    Medications prescribed during Consults may not be reimbursable through Medicaid.
  10. Physician Oversight. Wilcrest’s independent physicians provide clinical oversight of
    Test requests. Test requests and the information you provide are evaluated and if
    appropriate, a physician will order the Test requested by you. If you receive an abnormal
    result on a Test that Wilcrest determines warrants an alert call, you understand that a
    member of Wilcrest’s Care Coordination Team will attempt to call you to review the
    results, offer education and explain the next steps you should take. If you receive an
    abnormal result and have not connected with Wilcrest’s Care Coordination Team, you
    should not delay following up with your personal physician. Wilcrest Consults are
    provided by physicians. As part of Wilcrest’s Services, after you receive your Results,
    you will have the opportunity to receive either a telemedicine Consult or an Education
    Session, as described below.
    You acknowledge that the ordering physician may be required by statute to report your
    Results (e.g., a positive STD test) to the local health department.
  11. Consults. You understand that after receiving your Results for an STD Test, including
    HIV, you will have the opportunity for a telemedicine Consult with a Wilcrest physician.
    Consults must be arranged through Wilcrest’s Care Coordination Team. If you elect to
    receive a Consult, you will be asked to complete a brief intake survey to collect
    necessary health information prior to scheduling your Consult. You may speak with the
    physician by phone or video, depending on your state’s regulations. If the physician does
    not reach you after three attempts, you can contact Wilcrest’s Care Coordination Team
    at the “Contact Us” number below to reschedule.
    If your results show that you have Chlamydia, Gonorrhea, Herpes Simplex 2, or
    Trichomoniasis, if you elect to have a Consult, the physician may be able to prescribe
    medication for your condition. The physician will speak with you to assess your eligibility
    for treatment and, if appropriate, based on the Consult and your health information, send
    a prescription to the pharmacy of your choice. The scope of Services will be at the sole
    discretion of the physician, with no guarantee of diagnosis, treatment, or prescription.
    If you are eligible for a Consult but don’t have one of the above conditions, the physician
    can discuss your specific test results and symptoms and talk about plans for managing
    your health. However, no diagnosis, treatment or prescriptions will be provided other
    than for the conditions listed above. You will need to follow up with your personal
    physician for diagnosis, treatment or prescriptions.
  12. Education Session. If you are eligible for an Education Session, you may arrange for
    one with a Wilcrest Health Care Provider. Education Sessions are educational sessions
    providing general information about a test or condition, not your specific results or
    symptoms. They are provided solely for informational purposes and do not constitute
    treatment or diagnosis of any condition, disease or illness, or otherwise constitute the
    practice of medicine. Physicians will not prescribe or order any drugs or medication in
    connection with Education Sessions. You may be instructed to follow up with your local
    healthcare provider for care.
  13. Privacy. Please review our Notice of Privacy Practices, which describes Wilcrest’s
    practices regarding the information that Wilcrest may collect from users of Wilcrest’s
    Services and which is available below. By accessing and using Wilcrest’s Services, you
    hereby consent to all actions we may take with respect to your information consistent
    with these Terms and our Notice of Privacy Practices.
  14. Limitation of Liability.
    IN NO EVENT WILL WILCREST, ITS BUSINESS SERVICES PROVIDER FPK
    SERVICES, LLC, ITS BUSINESS ASSOCIATES, OR ITS AFFILIATES OR THEIR
    RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
    LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS
    BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES,
    COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN
    TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR
    OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE,
    INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES, INCLUDING LOST
    PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
    MOBILE PHONE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE
    PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
    INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN
    ANY WAY CONNECTED WITH ANY ACCESS TO OR USE OF (OR INABILITY TO
    USE) ANY WILCREST SERVICES. THE PRECEDING DISCLAIMERS AND
    LIMITATIONS SHALL APPLY EVEN IF WILCREST OR ITS AFFILIATES AND THEIR
    RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
    LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR BUSINESS SERVICES
    PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
    LOSSES.
    IN NO EVENT SHALL THE TOTAL LIABILITY OF WILCREST, ITS BUSINESS
    SERVICES PROVIDERS, BUSINESS ASSOCIATES, AFFILIATES AND THEIR
    RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
    LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS
    ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED U.S. ONE
    HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF
    ACTION ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NONPERFORMANCE OF WILCREST IN RELATION TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
    ARISES, OR BE FOREVER BARRED.
  15. Disclaimers.
    BOTH WILCREST SERVICES AND THE WILCREST WEBSITE, INCLUDING ANY
    RELATED CONTENT, IS PROVIDED WITHOUT WARRANTY OF ANY KIND,
    EXPRESS OR IMPLIED. MOREOVER, WILCREST AND ITS BUSINESS SERVICES
    PROVIDERS, BUSINESS ASSOCIATES, AND AFFILIATES AND THEIR RESPECTIVE
    OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS,
    PHYSICIANS, HEALTHCARE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL
    WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND ALL
    CONDITIONS WITH REGARD TO WILCREST’S SERVICES, INCLUDING, BUT NOT
    LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN,
    WITH RESPECT TO WILCREST’S SERVICES.
    YOUR USE OF WILCREST’S WEBSITE OR WILCREST’S SERVICES IS AT YOUR
    OWN RISK. WILCREST AND ITS AFFILIATES, BUSINESS SERVICES PROVIDERS
    AND BUSINESS ASSOCIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
    EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE
    PROVIDERS, SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY
    YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH
    WILCREST’S SERVICES OR WILCREST’S WEBSITE. WILCREST MAKES NO
    REPRESENTATIONS OR WARRANTIES THAT: (I) WILCREST’S WEBSITE AND OR
    WILCREST’S SERVICES, AND/OR THEIR RELATED CONTENT WILL BE
    UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES,
    “TROJAN HORSES” OR OTHER MALICIOUS CODE OR DISABLING DEVICES; (II)
    THE CONTENT RELATED TO WILCREST’S SERVICES IS ACCURATE, COMPLETE,
    RELIABLE OR CURRENT; AND (III) THERE WILL BE NO DELAY, FAILURE OR
    CORRUPTION OF DATA TRANSMITTED THROUGH WILCREST’S WEBSITE (WHICH
    SHALL INCLUDE THE WEBSITES AND SYSTEMS OF THEIR BUSINESS SERVICES
    PROVIDER). IN NO EVENT SHALL WILCREST BE LIABLE FOR ANY DAMAGES OR
    HARM CAUSED FROM OR BY YOUR USE OF WILCREST’S SERVICES, OR ANY
    RELATED CONTENT, INCLUDING IF SUCH USE VIOLATES THESE TERMS.
    WILCREST DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
    ENDORSEMENTS REGARDING ANY WILCREST SERVICES PROVIDED BY THIRD
    PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY QUEST
    DIAGNOSTICS, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES.
  16. Indemnification. You agree to defend, indemnify and hold harmless Wilcrest its
    subsidiaries and its affiliates, and their respective officers, directors, employees, agents,
    partners, licensors, physicians, healthcare providers, business associates and business
    services providers, from and against any and all claims, actions, demands, liabilities,
    settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal
    costs and accounting fees, arising out of, or alleged to arise out of: (i) your violation of
    these Terms, other policies or any and all applicable laws, rules or regulations; or (ii)
    your use of Wilcrest’s Services, Wilcrest’s website, or Wilcrest’s business services
    provider’s website or system in an unauthorized manner.
  17. Ownership; Intellectual Property and Proprietary Rights. Certain names, logos,
    brands and other materials displayed in connection with Wilcrest’s Services and through
    its business services provider’s websites, including but not limited to: stdcheck.com,
    utitreatment.com, healthlabs.com, may constitute trademarks, trade names, services
    marks or logos (“Marks”) of either Wilcrest or its business services provider, FPK
    Services, LLC. You are not authorized to use any such Marks without the express
    written permission of Wilcrest or FPK Services, LLC. Ownership of all such Marks and
    the goodwill associated therewith remains with us or FPK Services, LLC, as the case
    may be. All intellectual property rights in Wilcrest’s services, and any suggestions, ideas
    or other feedback provided by you, are the sole and exclusive property of Wilcrest or our
    business services provider or content providers and are protected by United States and
    foreign intellectual property laws.
  18. Term; Termination. The Terms, as may be amended from time to time, will remain in
    full force and effect as long as you continue to access or use Wilcrest’s Services, or until
    terminated in accordance with the provisions of these Terms. We, in our sole discretion,
    with or without notice to you, at any time and for any reason, may terminate, suspend or
    modify: (i) any of the rights granted by these Terms; (ii) the permission granted to you to
    access and/or use Wilcrest’s Services. You may terminate the Terms at any time by
    discontinuing use of Wilcrest’s Services. Your permission to use Wilcrest’s Services
    automatically terminates if you violate these Terms. Wilcrest shall not be liable if, for any
    reason, all or any part of Wilcrest’s Services is unavailable. Upon termination of these
    Terms, any provision that by its nature or express terms should survive will survive such
    termination.
  19. Equitable Relief. You acknowledge and agree that breach of these Terms will result in
    irreparable harm that would be difficult to measure; and, therefore, that upon any such
    breach or threat of such breach, Wilcrest shall be entitled to seek injunctive and other
    appropriate equitable relief from any court of competent jurisdiction (without the
    necessity of proving actual damages or of posting a bond), in addition to whatever
    remedies it may have at law, under these Terms, or otherwise.
  20. General. These Terms, Wilcrest Medical Group’s Notice of Privacy Practices, consents
    and any other agreements incorporated by reference herein constitute the entire
    agreement between you and Wilcrest with respect to access to and use of Wilcrest’s
    Services. These Terms and your use of Wilcrest’s Services are governed by the laws of
    the State of Texas, without respect to its conflict of law principles. In the event a dispute
    arises between the parties under these Terms or that in any way relates to your use of
    Wilcrest’s Services, or Wilcrest’s website, or Wilcrest’s business services provider’s
    website or system, the parties hereby agree to binding arbitration, which will be
    conducted in Houston, Texas, in accordance with the Commercial Arbitration Rules of
    the American Arbitration Association. If any provision of these Terms is found to be
    invalid or unenforceable by any court having competent jurisdiction, the invalidity of such
    provision shall not affect the validity of the remaining provisions of these Terms, which
    shall remain in full force and effect. No waiver of any of these Terms shall be deemed a
    further or continuing waiver of such term or condition, or of any other term or condition.
    You may not assign or transfer your rights or obligations under these Terms without our
    prior written consent, and any assignment or transfer in violation of this provision shall
    be null and void. There are no third-party beneficiaries to these Terms. Wilcrest may
    freely assign or transfer these Terms without restriction. Subject to the foregoing, these
    Terms will bind and inure to the benefit of the parties, their successors and permitted
    assigns.
  21. Contact Us. Should you have questions about Wilcrest’s Services, you may contact us at:
    Phone Number: 1 (800) 456-2323
    Address: Wilcrest Medical Group, PA.
    11150 S. Wilcrest Dr, Suite 200
    Houston, TX 77099