BIOVISION DIAGNOSTICS VICTUS88 DIETARY ANTIGEN TEST USER AGREEMENT

This User Agreement (“Agreement”) constitutes a legally binding agreement between you and Biovision Diagnostics LLC and its affiliates and subsidiaries, including Biovision Diagnostics LLC, (collectively, “Biovision Diagnostics”, “we”, “us” or “our”). This Agreement governs your access and use of the Biovision Diagnostics website and online services (the “Site” and the “Services”). Note that Section 13 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of disputes or claims in connection with this Agreement or the Site. Our Terms and Conditions governing access to and use of websites and online applications operated by Biovision Diagnostics LLC are a part of this Agreement and are incorporated by reference. By agreeing to this Agreement, you agree that you understand and agree to be bound by the Terms and Conditions with respect to your access to and use of the Site. In the event of any inconsistency between this Agreement and the Terms and Conditions, this Agreement shall govern with respect to your access to and use of the Site. YOU AGREE TO BE BOUND BY THIS AGREEMENT WHEN YOU CLICK “I AGREE” AND/OR CONTINUE TO ACCESS OR USE THE SITE. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE.

1. Description of the Site

Biovision Diagnostics is providing the Site so that you can educate yourself on health care and medical issues that may affect your daily life. Information provided to you through the Site should not be regarded as medical or health care advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding the interpretation of your laboratory test results, a medical condition, or other health-related issues. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of information you accessed on or through the Site.

2. Changes to this Agreement

Biovision Diagnostics may, at any time and from time to time, supplement, amend, or otherwise change this Agreement. Any changes to this Agreement will be effective immediately upon providing notice of the changes to you either when you log in to the Site or by sending notice of the changes to the contact information that you have provided to us. You agree to comply with and be bound by, the modified Agreement either (i) by continuing to use or access the Site after receiving notice of the changes as described above or (ii) by not requesting to terminate your Site account within seven (7) calendar days after receiving a notice of the changes as described above.

3. Changes to the Site

Biovision Diagnostics may add features to or delete features from the Site at any time, without notice to you.

4. Right to Use the Site

By agreeing to this Agreement, you confirm that you are a resident of the United States and are at least 18 years of age. You warrant and represent that all of the information you provide is correct including your state of residence and that you are using the Site for yourself and agree not to use the Site to initiate a lab test request for another person. You agree not to resell the Services provided hereunder. By initiating testing through the Site, you are requesting that results be reported directly to you. You agree to comply with this Agreement, the Terms and Conditions, all applicable laws, and other applicable Biovision Diagnostics policies, practices, and notices provided or referenced herein at all times when using the Site. Biovision Diagnostics retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Site as part of our efforts to protect the Site, protect our patients, or stop you from breaching this Agreement.

5. Privacy Statement and Notice of Privacy Practices

Our Privacy Statement and, with respect to Protected Health Information, our Notice of Privacy Practices describes how Biovision Diagnostics collects information about you through Services, and how we use, disclose, and protect that information.

6. Payment

For all testing ordered, Biovision Diagnostics shall bill the City of Chicago Blue Cross Blue Shield PPO medical insurance plan. Your plan may determine eligibility, medical necessity, and whether or not payments shall be applied to your deductible, co-insurance, or copayment. You understand and acknowledge that Biovision Diagnostics will bill according to your plan’s determination, and you agree to pay Biovision Diagnostics all amounts determined to be due Biovision Diagnostics according to your plan’s determination. You acknowledge and agree to pay all amounts due upon receipt, and Biovision Diagnostics shall not be responsible for appeals or denials based upon your plan’s determination. You solely reserve all rights to appeal any denials or payment applications according to your plan, and any reimbursement you receive after you have paid Biovision Diagnostics is yours.

No-Show/Late Cancellation Policy

We understand that you may need to cancel an appointment occasionally. In such circumstances, please contact us no later than 24 hours before your scheduled appointment time. You may do so by calling us at 618-690-9555, emailing info@biovisiondx.com, or using the Calendly invitation link option.

If you do not show up for your telehealth appointment or cancel or reschedule within 24 hours of your appointment time, we will consider that a no-show. No-show appointments are subject to a $75.00 fee. No-show fees are the patient’s sole responsibility, are not billed to the insurance company, and must be paid in full before your next appointment. If the no-show fee might prevent you from receiving necessary care, please contact us.

We know that unexpected situations sometimes arise. In the case of emergencies or extenuating circumstances, we may waive the no-show fee. Waivers are determined on a case-by-case basis at the discretion of the company’s management.

If our office must cancel your appointment with less than 24 hours’ notice, you may choose to meet with a different provider (if available) on the same day, to reschedule, or to cancel.

Biovision Diagnostics reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

7. Purchase and Refund Policies

Refunds will be considered upon request and are only in accordance with the Biovision Diagnostics Refund Policy.

8. Right to Change Terms and Conditions

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Biovision Diagnostics reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether the order has been confirmed and your payment has been processed. If your payment has already been processed for the purchase and your order is canceled, Biovision Diagnostics’ designated payment processor will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

9. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BIOVISION DIAGNOSTICS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SITE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND BIOVISION DIAGNOSTICS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE, AND THE ARBITRATION PROCESS AND RESULT ARE SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER THIS AGREEMENT THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND BIOVISION DIAGNOSTICS AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE UNITED STATES IN THE SAME COUNTY AND STATE AS YOUR BILLING ADDRESS. BIOVISION DIAGNOSTICS FURTHER AGREES THAT YOUR FILING FEE FOR ARBITRATION WILL BE CAPPED AT THE AMOUNT SET BY THE AMERICAN ARBITRATION ASSOCIATION. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND BIOVISION DIAGNOSTICS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR USE OF THE SITE. REGARDLESS OF THE FORUM, YOU AND BIOVISION DIAGNOSTICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

10. Disclaimer of Warranty; Limitation of Liability

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BIOVISION DIAGNOSTICS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. ACCESS TO THE SITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY NOT BE ERROR-FREE. NONE OF BIOVISION DIAGNOSTICS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WARRANTS THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL BIOVISION DIAGNOSTICS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

11. Choice of Law

This Agreement shall be governed by and construed in accordance with Illinois law, excluding its conflicts of laws principles, provided that Section 11 above shall be interpreted and enforced as set forth therein. The Uniform Computer Information Transactions Act does not apply to this Agreement.

12. Contact Information

Biovision Diagnostics is headquartered in Collinsville, Illinois, in the United States of America, at the following address: Biovision Diagnostics LLC 1616 Eastport Plaza Drive, Collinsville, IL 62234

For any questions concerning this policy, please contact Biovision Diagnostics Client Services by calling (618) 690-9555 or by email at help@biovisiondx.com.