Registration. If you register for services or any Tests to be provided via the Platform you will be required to establish an account, including a username and password. You are responsible for the confidentiality of your account and your password, and for the use of your account to access the Platform. If in our opinion you violate these Terms, we have the right to disable your account at any time for any or no reason.
Review, Approval, and Completion of Test. If your Test request is approved, you will receive an order confirmation via email with additional information on your order, the Test process, and the next steps that you will need to take to complete the Test. As part of this process and following completion of the Test, certain information about you, including the results of the Test, may be shared with third-party health care providers involved in your care such as Cynergy Wellness, Lookout Health Medical, P.C., Quest Diagnostics Laboratory, TruDiagnostics, and 20/20 Gene Systems. In addition, should you provide contact information about your primary care provider (PCP), we will (if requested) share your results with them as well.
Purchase and Payment. If you submit a Test request and your request is approved, you acknowledge and agree that you may be responsible for all, or a portion, of the costs associated with the Test. You may be charged for such costs, if any, by our third-party affiliate upon approval of your order of a Test. The amount of such costs may vary depending on whether your host entity has arranged to cover some or all of the costs associated with the Test. In this instance, you may be provided with a promo code to utilize to defray all or a portion of the cost. You are responsible for understanding whether your host entity has arranged to cover some or all the costs.
License to Use the Platform. Lookout Health hereby grants you a limited, non-exclusive, non-transferable license to access and use the Platform under these Terms solely for the purposes stated herein. We reserve all rights in and to the Platform not expressly granted to you under these Terms, including but not limited to all the material on the Website. Our corporate names and trademarks are also exclusively owned by us, and no right is granted to you to use any of such names or trademarks. At any time and for any reason we may revoke your right to use all or any portion of the Platform. You agree not to interfere with the operation of the Platform, violate or attempt to violate the security of the Platform, or to use the Platform for any fraudulent, harmful, or illegal purposes.
Technical Problems. All or any portion of the Platform may not be available and may not function properly at any time. Lookout Health makes reasonable efforts to avoid technical problems, but at any time the Platform may have and may cause technical problems such as viruses and other damaging computer programming routines or engines. You agree that Lookout Health is not liable for any damage or injury (i) caused by the performance or failure of performance of all or any portion of the Platform, or (ii) caused by any defects, delays, or errors in or resulting from your use of the Platform.
Restrictions on Use. You will not, and will not authorize or knowingly permit any third party to: (i) access and use the Platform or any website through which we provide access to the Platform, including but not limited to the Website, for any purpose other than to request services or a Test; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Platform or the Website; (iii) publish, broadcast, retransmit, reproduce, duplicate, copy, modify, repackage, frame, mirror, commercially exploit, create any derivative of, redistribute or otherwise exploit all or any portion of the Platform or Website; (iv) resell, distribute, or sublicense the Platform or the Website; (v) remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Platform or Website; (vi) use the Platform or Website in violation of any applicable law or for any purpose; (vii) develop a service or program having any functional attributes, visual expressions, or other features similar to those of the Platform or Website; (viii) introduce or upload to the Platform or the Website any computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Website or Platform or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices); or (ix) retrieve, index, scrape, harvest, data mine or otherwise systematically gather or store content.
Test Results. You acknowledge that the Test and related results are not a replacement for medical or health care advice, diagnosis, or treatment; and that this Website and the Platform do not provide medical advice. You should consult with your primary care provider (PCP) or other qualified healthcare providers on any questions or to interpret your results. If you think you may have a medical emergency, then call your doctor or 911 immediately.
No Warranties. All content on this Website AND PLATFORM ARE provided to you on an “as is” and “as available” basis. Lookout Health hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to THE implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Lookout Health is not responsible for any performance of third parties, including but not limited to those third-party health care providers providing you with the services and Tests. Your use of any third-party services may be governed by the terms and conditions applicable to such services as may be provided by such third parties.
Limitation of Liabilities. YOU AGREE THAT NEITHER Lookout Health NOR ANY PERSON OR COMPANY ASSOCIATED WITH Lookout Health SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE The PLATFORM OR website OR THE MATERIALS THEREIN, or for any INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, PERSONAL INJURY or Wrongful death, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. Subject to the foregoing and to the extent permitted by applicable law, the total liability of Lookout Health, its affiliates, and their officers, directors, employees, and agents, for any loss or damages associated with your use of the Platform or Website, shall be limited to the amount of your direct and actual damages, but not to exceed USD $50.
Governing Law. Our Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Lookout Health Corp.
 CWI Physician Partners P.C., a California professional corporation; CWI Physician Partners P.C., a Hawaii professional corporation; CWI Physician Partners P.C., a Georgia professional corporation; CWI Physician Partners P.A., a Kansas professional association; CWI Physician Partners P.C., an Oregon professional corporation; CWI Physician Partners P.C., a Nevada professional corporation; CWI Physician Partners P.C., a Rhode Island professional corporation; or CWI Physician Partners P.C., an Oklahoma professional corporation, as applicable (“CWI”).