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.
- 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. - 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. - 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 [email protected]. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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 100
Houston, TX 77099