Terms and Conditions
“Client”, “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. In case the person accessing this website is doing so on behalf of an organization such as a business, municipality, company, or other group, “Client”, “You” and “Your” refers to both you personally as well as the organization you are representing. Furthermore, by representing an organization on this website, you affirm that you have the authority to enter into agreements on behalf of that organization. “Company”, “Our”, “Ourselves”, “We” and “Us”, refers to Sansei, Inc., d/b/a Health Street, a New York USA Corporation. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves when plural, or either the Client or ourselves when singular. “Services” and “Products” refer to anything that we offer for you to use or consume, including services which may be registered for online but may be accessed, at least in part, offline. “Website”, “Site”, and “Portal” refer to content, software, applications, and services accessed on or through our domain, health-street.net, including any subdomains.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable if not otherwise defined separately and therefore as referring to same.
These Terms and Conditions govern the use of our site for any purpose, including but not limited to browsing, using our software or applications, purchasing physical products, registering for services that may be accessed offline or otherwise, and sharing information or content with us, in accordance with and subject to prevailing law.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, the Company: (a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and, (b) excludes all liability for damages arising out of or in connection with your use of this website and our services. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, whether or not it arose in the normal course of things, and whether or not you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Consent and Authorization
Client agrees as a condition of ordering any testing services provided by the Company for another individual other than themselves to obtain written consent to testing and authorization for release of test results to the Company and the Client. This applies to each and every individual for whom Client orders testing services from the Company. The consent for testing and authorization for release of results shall be provided by the Client to the Company in either electronic or paper form upon request, and shall be obtained by Client prior to that individual being sent for testing. Such consent and authorization shall be obtained from the individual using a waiver that identifies the Company as the representative of the Client, and which contains the individual’s authorization to obtain the results of the individual’s results, such as drug test results or occupational health testing results, in physical or electronic form, and sharing of those test results with the Client prior to releasing the results to the individual. The waiver shall provide the individual’s agreement to release, indemnify and hold harmless the Company and the Client from any responsibility or damages related to transmittal of results for any testing performed pursuant to this Agreement.
Drug Testing Services:
Company will provide or arrange for specimen collection services as ordered. Lab-based drug testing services also include laboratory analysis. Instant drug testing services do not include lab analysis unless non-negative. MRO review of results is included with all drug tests except on-site instant testing where permitted by state law.
Company will provide or arrange for specimen collection services as ordered. DNA tests include lab analysis of specimens and statistical analysis of results.
DNA Tests in New York State
The following regulations apply to any DNA tests in New York State only:
Background checks require a separate agreement between you and us. If you order a background check on this website, you understand that you will have to sign that agreement on behalf of your company before we can proceed with the screens you request. We also require that you provide evidence that the people you want to screen have authorized you to do so. We will provide an electronic waiver that they can electronically sign and return to us along with their photo ID. Unless we agree otherwise in special circumstances, this signed waiver plus a copy of their government issued photo ID is required before we will run the background check.
We provide a mechanism for employers to set up occupational health services – such as physicals, vaccines, wellness services, and lab tests – at third party providers, including testing related to COVID-19. Our role is one of technology connector, allowing businesses to request individuals to obtain necessary services and to receive the results of those services. Health Street does not directly provide any medical services nor interpret results of such services. Occupational health lab tests set up through our website and provided by Laboratory Corporation of America or Quest Diagnostics must be approved and ordered by a physician in a PWNHealth Professional Entity. PWNHealth Profesional Entities include PWN Remote Care Services, P.C. for California, PWN Remote Care Services, P.A. for Texas, PWN Remote Care Services, Prof. Corp. for Hawaii, PWN Remote Care Services, P.C. for New Jersey, PWN Medical Professional, P.A. for New York, and PWN Remote Care Services, P.A. for all other states to the extent that the PWNHealth Professional Entities offer services in such state.
If you have questions about the results of a medical service or laboratory test, you should follow up with the clinician that provided the service or ordered the lab test. The ordering physician for lab tests may either be a clinician at the location where the service was rendered or a physician that is part of a PWNHealth Professional Entity.
Our occupational health services are strictly for use in employment settings and, accordingly, may not be used by individuals seeking to get medical services for themselves. In cases in which occupational testing results, such as lab tests, show results that are out of the normal range for the specified test, you agree to promptly notify the person who took the test (e.g., your employee or job applicant) to follow up with their primary care provider. You further agree to provide up-to-date contact information for that person that we can use to do the same.
Our website and services include services related to COVID-19. If you use or access any of these services, you agree that you accept the PWN Notice of Privacy Practices, Terms and Conditions, and Consent, found here:
Independent Contractor Status
The Company and its contracted providers that will provide services pursuant to this Agreement shall function at all times as independent contractors to Client and not as employees, agents or representatives of Client.
Unless otherwise stated, the services featured on this website are only available within the United States. All advertising is intended solely for the United States market. Direct to consumer drug testing services are unavailable to Maryland residents. Any tests or services on our website that are prohibited by law in the state in which you wish to arrange for the test or service are unavailable to you. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
Payment, Cancellation and Returns Policy
Cost of Services
Services ordered pursuant to this agreement are billable at the rates that are listed on Company’s website at the time the Client registers for services.
Payment for Services
The obligations of the Parties to perform and pay for testing services arise upon the execution by the Client of an order, which can be placed by the Client electronically by placing orders on the Company’s website, telephonically by calling the Company, or by email transmission to the Company. Orders are then processed by the Company, such as through the issuance of a barcode or other authorization for services to be performed. Services may be accessed at a later time or date.
All major Credit/Debit Cards are all acceptable methods of payment. Our payment terms are payment in full upon the ordering of a service. All goods remain the property of the Company until paid for in full. Businesses may apply for credit accounts. There are no refunds once payment is made. Clients receive a lifetime credit for unused prepaid services, with certain exceptions as noted below.
A drug testing service is considered “used” and not eligible for future credit when any of the following occurs:
- A service is accessed or used
- A product is shipped
- A person “refuses” a test by method or manner consistent with the US DOT definition of a refusal in 49 CFR Part 40.
- An affidavit of no-show for testing is requested by Client. (Health Street can provide an affidavit of “no-show” for services that are not used; if you choose to request such an affidavit, you forfeit the lifetime credit that would otherwise be available to you).
- Short-notice mobile testing is considered used immediately and in full upon order and is not refundable. (Short notice testing is not subject to our Lifetime Credit Policy).
On-site and mobile testing:
Additional charges may accrue when a client orders on-site testing if certain overages occur, and Client agrees to promptly pay Company for such overages. Overages include: (a) mileage over 50 miles roundtrip, (b) Wait time if Health Street visits Client location at the time requested by Client but Client (or Employee(s)) is not available or ready for testing to begin, or if Health Street must wait beyond 30 minutes because of a shy bladder; (c) when additional tests are required on-site, such as additional people to test, a breath alcohol test (BAT) confirmation for non-negative screening (billed as a second BAT), or a second chain of custody is required (billed as a second drug test).
Clinic based drug and alcohol testing services that are not used by Client can be re-used any time. There is a lifetime credit for unused services. Tests unused by one employee can be transferred to another at no charge.
Timeframe for Results
Health Street understands how important it is for our clients to get timely results for tests. We also understand that an estimated timeframe is important for you to gauge when to expect results. We make every effort to provide reasonable estimates for results; however, as much as we wish we could, we never guarantee timeframes for results. There are a number of reasons that explain why we do not guarantee timeframes for results, including:
Ultimately, while we strive to provide accurate results quickly, Health Street prioritizes accuracy over timeliness.
When you register an organization on our Portal, you affirm that you have the authority to sign agrements on behalf of that organization. If you do not have such authority, you should not register the organization. The person who registers the organization is designated as a “superuser” for that organization, which provides full access to the company’s data stored on the Portal, including data shared with the company by other individuals. The superuser can grant access to other individuals within their organization. The Client acknowledges that only the superuser, or others designated as such by another superuser, will be responsible for whom, within their organization, has access to the organization’s data on the Portal. The Client alone is independently responsible for determining who is granted access to their organization’s data on the Portal, as well as for removing access from individuals who should no longer have access to their data. If the superuser leaves the organization without delegating their full access authority to anyone else, the Company may accept alternative means to transfer superuser access, such as a notarized letter on company letterhead requesting that the superuser be changed to someone else.
Indemnification and Hold Harmless
Client shall indemnify, defend and save harmless the Company and its officers, directors, employees and agents, from and against all liability, loss, cost or expense (including attorney’s fees) by reason of liability imposed upon the Company, arising out of or related to the Company’s services, whether caused by, or contributed to by, the Company or any other party indemnified herein, including losses arising from third party claims brought against Company for bodily injury, economic or reputational harm, emotional or psychological injuries or damage to real or tangible personal property arising from services ordered under this Agreement, unless caused solely by the gross negligence of the Company, and/or its officers, directors, employees and agents. Company shall not be held liable for any and all claims, losses, expenses, injuries, or damages arising out of or in any way related to these services or any aspect of these services by reason or any act or omission, including breach of contract or negligence not amounting to a willful or intentional wrong. Furthermore, the company’s liability under this Agreement shall not exceed the total amount paid to the Company for the orders accepted by the company pursuant to this Agreement. The Company shall not be liable to the Client for any special or consequential damages, including but not limited to, lost profits, loss of use, and costs of replacement, caused by the Company’s negligence, breach of contract, or any other cause whatsoever.
Exclusion of Damages
NEITHER PARTY WILL HAVE ANY OBLIGATION FOR: (I) CONSEQUENTIAL, PUNITIVE, INCIDENTAL, INDIRECT OR REPUTATIONAL DAMAGES; (II) PROFIT, DATA OR REVENUE LOSS; OR (III) CAPITAL, REPLACEMENT OR INCREASED OPERATING COSTS.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, we log standard access information including browser type, access times/open mail, URL requested, and referral URL.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
Although we may provide links to third party websites when deemed useful to our clients, we do not monitor or review the content of third party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
The full content of this website is Copyrighted, including but not limited to all text, logos, graphics, infographics, and user submitted material. The Company owns the Copyrights to all material on this site or has licensed it from third parties. For avoidance of doubt, you may not copy, reproduce, or otherwise duplicate any content on this site for any reason whatsoever without our express written permission.
Trademarks of Health Street
“Who’s Your Daddy?” and the “Who’s Your Daddy?” logo are registered trademarks of Sansei, Inc., d/b/a Health Street. Any reproduction, use, or imitation of the logo, or any use of the phrase “Who’s Your Daddy” with respect to DNA testing in any fashion, without prior written consent, is strictly prohibited.
User Submitted Content
We may provide opportunities for users to submit content to us, such as commenting on our blog articles, reviewing our products, and submitting guest blog posts. If such content is submitted by you, you hereby grant us a perpetual worldwide license to use that content for any purpose, including making it publicly available on our site and sharing it with third parties. User submitted content is not considered confidential. Furthermore, we are not obligated to compensate you in any way for your user submitted content. If you wish to have your own user submitted content removed from our site after you have submitted it, you may contact us to make that request, and it will generally be honored in an expeditious manner.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
This Agreement and the use of our website shall be governed by and construed in accordance with the laws of the State of New York, without reference to principles of conflicts of law. By accessing this website and using our services or products, you consent to these Terms and Conditions and to the exclusive jurisdiction of the New York courts in all disputes arising out of such access. In the event that any provision of this Agreement is found to be void or unenforceable, the remaining provisions of this Agreement shall nevertheless be binding upon the Parties hereto with the same effect as though the void or unenforceable provision had been severed and deleted. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
This Agreement is not intended and shall not be construed to confer any benefit on any person who is not a Party hereto. Neither Party shall assign or transfer its rights, duties, or obligations under this Agreement without the other Party’s prior written consent. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors, permitted assigns and legal representatives.
Sansei, Inc. d/b/a Health Street is a New York USA Corporation. We can be contacted via email at: firstname.lastname@example.org. Or, you can call us at: 888-378-2499. Or, you can write to us at:
2417 Third Avenue, Suite 813
Bronx, NY 10451
This agreement represents the entire agreement and understanding between the Parties with respect to the subject matter. Any waiver of any right under this agreement, and any amendment to this agreement, must be signed in a separate document signed by the Parties. In the event of any conflict between the provisions of these Terms and Conditions and the provisions of a separately signed agreement entered into between the parties, the provisions of this agreement will prevail unless the separate agreement specifically identifies the conflict and specifies that it prevails. Any separate agreement signed by the parties prior to the Date of Last Modification on this page is subordinate to this agreement. In any event, the validity of provisions of these Terms and Conditions which are not in conflict with such separate agreements will not be affected.
Term and Termination
This agreement will remain in effect on an “evergreen” basis. However, the Company reserves the right to amend, modify, vary, supplement, or otherwise change these conditions from time to time as it sees fit. Your continued use of the site and our services will signify your acceptance of any changes. The agreement can also be canceled by Client by notifying us of your desire to cancel via email at email@example.com.
Notification of Changes
Date of Last Modification:
July 8, 2020
© Sansei, Inc., d/b/a Health Street, 2020, All Rights Reserved