Terms of Service | TestWell

1. Acceptance of Terms

By accessing or using TestWell ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use our services. These Terms constitute a binding agreement between you and TestWell.

2. Services

TestWell provides a platform for ordering physician-reviewed laboratory tests. All test orders are reviewed and authorized by licensed physicians. Lab services are performed at CLIA-certified laboratories including Quest Diagnostics, Labcorp, and BioReference Laboratories.

TestWell is available in 49 states. Services are not available to residents of Rhode Island.

3. Eligibility

You must be at least 18 years of age to use TestWell. By placing an order, you represent and warrant that you are at least 18 years old and legally able to enter into these Terms.

4. Not Medical Advice

TestWell does not provide medical advice, diagnosis, or treatment. Lab results are for informational purposes and should be discussed with your healthcare provider. If your results indicate a medical concern, consult your physician promptly. In an emergency, call 911 or go to your nearest emergency room.

5. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate, current, and complete information when creating an account and keep it updated.

6. Payment and Pricing

All prices are in US dollars and are due at the time of order. We accept major credit cards, debit cards, Apple Pay, Google Pay, and HSA/FSA cards. A $6.00 lab processing fee is applied to each order. Pricing may vary and is subject to change without notice.

7. Refund and Cancellation Policy

Before sample collection: If your lab requisition has been issued but you have not yet visited a lab, you may request a full refund by contacting support@test-well.com.

After sample collection: Once your blood sample has been collected at a lab facility, orders cannot be cancelled and refunds are not available.

Refunds are processed within 5–10 business days to the original payment method.

8. HIPAA Authorization

By placing an order, you authorize the disclosure of your protected health information as described in our HIPAA Authorization. You may also download the HIPAA Authorization PDF.

9. Telehealth Informed Consent

TELEHEALTH CONSENT FORM

I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care.

By using TestWell, I understand and agree to the following:

I understand that Junction and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and/or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.

By using TestWell, I certify:

That I have read this form and/or had it explained to me
That I understand the risks and benefits of a Telehealth appointment
That I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction

Effective as of February 21, 2023. Download PDF

10. State-Specific Disclosures

New York & New Jersey: Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from TestWell for their laboratory tests. To request an itemized price list, contact support@test-well.com.

11. Data Handling and Privacy

TestWell is fully HIPAA-compliant. Your health data is encrypted in transit (TLS 1.2+) and at rest, stored on secure servers, and never sold to third parties. We collect only the information necessary to process your lab orders and deliver results. For details on data collection, storage, and your rights, see our Privacy Policy.

12. Limitation of Liability

TestWell is not liable for any damages arising from the use of our services, including but not limited to reliance on lab results, delays in processing, or technical failures. Our total liability shall not exceed the amount paid for the specific order giving rise to the claim.

13. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND TESTWELL TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDES A CLASS ACTION WAIVER.

Informal resolution first

Before starting an arbitration or other proceeding, you and TestWell agree to first try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") informally for at least 60 days. To begin, send a written notice to support@test-well.com describing the Dispute and the relief you seek, along with your name, the email associated with your account, and your order number. If the Dispute is not resolved within 60 days, either party may begin arbitration.

Agreement to arbitrate

Except for the matters described under "Exceptions" below, you and TestWell agree that any Dispute not resolved informally will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator's award may be entered as a judgment in any court with jurisdiction.

Class action waiver

YOU AND TESTWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. Whether a claim may proceed on a class or representative basis is for a court, not an arbitrator, to decide. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and heard in the courts identified in Section 14, while all remaining claims proceed in arbitration.

Your right to opt out (30 days)

You may opt out of this arbitration agreement (including the class action waiver) within 30 days of first accepting these Terms by emailing support@test-well.com with the subject line "Arbitration Opt-Out" and including your full name and the email associated with your account. Opting out will not affect any other part of these Terms. If you opt out, Disputes will be resolved in the courts identified in Section 14.

Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to stop the actual or threatened infringement or misuse of intellectual property or confidential information. These matters are not subject to arbitration.

Coordinated or mass arbitrations

If 25 or more similar arbitration demands are filed by or with the coordination or assistance of the same or coordinated counsel, the parties agree the demands will be administered under the AAA's Mass Arbitration Supplementary Rules and resolved in staged batches of no more than 50 demands at a time, with one arbitrator and bellwether proceedings per batch, to promote efficiency and reduce fees. Applicable limitations periods are tolled for demands awaiting their batch.

Fees, location, and authority

Payment of arbitration fees is governed by the applicable AAA rules, and TestWell will pay or reimburse fees to the extent those rules or applicable law require. Any in-person hearing will take place in the county of your residence; arbitration may also proceed by phone, video, or written submissions as the AAA rules allow. Except as stated in the class action waiver above, the arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement.

Severability and survival

If any part of this Section 13 (other than the class action waiver, which is governed by its own terms above) is found unenforceable, the remainder will stay in effect. This Section 13 survives the termination of these Terms and your use of the Service.

14. Governing Law & Venue

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, together with the Federal Arbitration Act and other applicable U.S. federal law. To the extent a Dispute is not subject to arbitration — including if you opt out, if a claim is severed under the class action waiver, or if the arbitration agreement is held unenforceable — you and TestWell agree to the exclusive jurisdiction and venue of the state and federal courts located in the county in Florida where TestWell maintains its principal place of business, and each party waives any objection based on personal jurisdiction or inconvenient forum. Nothing in these Terms limits any non-waivable rights or remedies available to you under the consumer-protection laws of your state of residence.

15. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email or a notice on the site. Continued use after changes constitutes acceptance.

16. Contact

Questions about these terms can be directed to support@test-well.com.