Terms & Conditions
Tandem Genetics, LLC (“Tandem”) Tandem provides genetic counseling services for the purpose of educating and supporting patients with making decisions about inherited disease management and genetic testing options. Tandem provides genetic consultations in person, or via telephone or video service. Your use of www.tandemgenetics.com website and any information provided through Tandem (“Services”) are governed by these terms and conditions.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT REQUEST SERVICES FROM TANDEM.
You must be at least eighteen (18) years of age to use the Services. By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years of age and your use of Services is in compliance with any and all applicable laws and regulations.
Your use of the Services is subject to any and all additional terms, policies, rules or guidelines applicable to the Services that we may post on or provide a link to on the Service, such as the Tandem Privacy Policy.
By requesting a genetic consultation, you are entering into a patient relationship with the health care professionals that we connect you with, which shall be a provider of health care services to you. The genetic counselor may be employed by or a contractor with Tandem Genetics. A genetic consultation usually includes up to 30 to 60 minutes of consultation by telephone or video-conferencing, depending upon the service selected, and a summary consultation letter for the patient and/or referring provider, within one week of the consultation. Exceptions may apply depending upon the service needs. Additional consultation time or other services are available for additional fees.
Genetic services provided through Tandem are performed by genetic counselors who are board-certified or board-eligible with the American Board of Genetic Counseling (www.abgc.net), and/or medical geneticists, certified by the American Board of Medical Genetics and Genomics (www.abmgg.org).
Services provided through Tandem Genetics are in accordance with the practice standards of the American Board of Genetic Counseling, National Society of Genetics Counselors (www.nsgc.org), American College of Medical Genetics and Genomics (www.acmg.net) and under law of the State of California in the United States. Tandem does not warrant that services meet practice standards, regulations, or legislation of any other nations.
Genetic risk assessments are limited by the family medical history that is reported by you to Tandem during the consultation. Tandem will provide you with a Consultation Letter, if applicable, within one week following the consultation, to the e-mail, fax or mailing address provided. You are presumed to have received documents upon the date of e-mail or fax or within three business days of physical mailings. The Consultation Letter includes a summary of the medical history that is relevant to the Indication for Referral, as indicated on the intake forms. The Consultation Letter also includes a Risk Assessment of the relevant information, and a Plan based on your stated preferences. It is your responsibility to review the information in the letter. If any family medical history information is missing or inaccurate, it is your responsibility to contact Tandem within two weeks of receipt of the letter to advise Tandem of errors. It is essential that you advise Tandem of errors as timely as possible because errors in family medical history information could negatively affect or alter the Risk Assessment and Plan summarized and could lead to errors in your medical care. Tandem will perform a new risk assessment based on the corrected information and notify you of revisions.
You agree that all communications with Tandem are conducted in the English language. If Services are desired in other languages, Tandem is not obligated to accommodate the request, and if Tandem agrees to do so, Tandem may provide Services with the assistance of a third-party interpreter service, and you will be responsible for any associated expense. If you have any medical records, e-mails or other records printed in other languages and intend to share such documents with Tandem for the purposes of a genetic consultation and risk assessment, you agree to provide certified translated copies of such documents prior to the scheduled consultation at your expense.
You acknowledge that practice recommendations, genetic technologies, testing options, and medical knowledge change over time. As such, the Risk Assessment, Options, and Plan may differ at a future date such as during subsequent pregnancies or stages of life. It is recommended that you seek a new genetic consultation to be informed about genetic knowledge, practice recommendations and/or testing options during subsequent pregnancies, and/or at other intervals, depending upon the indications for referral.
You agree to the entry of your medical records into Tandem’s software tools for case management and record retention and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, but no computer or phone system is totally secure. Tandem Genetics recognizes your privacy and, in accordance with our Privacy Policy, will not release information to anyone without your written authorization or as required by law, or in accordance with your health insurer’s privacy policy if applicable.
Communications via email over the internet are not secure. Although it is unlikely, there is a possibility that information included in an email can be intercepted and read by other parties besides the person to whom it is addressed. By providing an e-mail address, you acknowledge that you understand and accept the risks associated with communicating Personal Health Information (PHI) with Tandem by e-mail. You can revoke consent for Tandem to communicate PHI by email by submitting a request to Tandem in writing.
There is no guarantee that you will be treated as a patient by Tandem, if, for example, your medical condition cannot be properly evaluated by a Tandem genetic counselor. If you have a consultation with a Tandem genetic counselor, you have a right to your medical records in accordance with applicable law.
You agree to pay for the genetic consultations and/or services from Tandem Genetics at the time services are requested. All fees are to be paid in U.S. Dollars. We may be unable to process a refund once you have placed an order. If you pay with a credit card, Tandem may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees. Tandem does not currently submit or process insurance paperwork or claims on behalf of its clients and does not guarantee that the fees we charge for our Services will be reimbursed by your insurance provider. If you desire to file a claim with your insurance to pay the fees, you must contact your insurer directly. Obtaining any reimbursement of the fees will be your sole responsibility. In the event you are able to submit a claim to your insurer, you authorize Tandem to release whatever information is necessary for your insurer to process the claim. You understand and agree that if Tandem Genetics’ providers order genetic testing on your behalf, you are solely responsible for any and all additional expenses for genetic testing and/or other services due to the laboratory for your testing needs. Tandem Genetics will make reasonable attempts to inform you about the expected costs of testing prior to testing; however, Tandem Genetics cannot guarantee the costs of tests billed by any laboratory.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Tandem and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Tandem Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service, or (ii) your violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
IN NO EVENT WILL THE TANDEM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TANDEM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE TANDEM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (II) $50 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Generally, in the interest of resolving disputes between you and Tandem in the most expedient and cost-effective manner, you and Tandem agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Any arbitration hearings will take place at a location to be agreed upon in Los Angeles County in the State of California. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse Tandem for all monies previously disbursed by it that are otherwise your obligation to pay. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TANDEM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Tandem and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to (I) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
No Class Actions. YOU AND TANDEM 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, unless both you and Tandem agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. In the event that Tandem makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with Tandem shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
TANDEM RESERVES THE RIGHT TO UPDATE OR MODIFY THE TERMS AT ANY TIME WITHOUT PRIOR NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON BEING POSTED THROUGH THE SERVICE, EXCEPT AS SET FORTH BELOW. THESE TERMS WILL IDENTIFY THE DATE OF LAST UPDATE. YOUR USE OF THE SERVICE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MODIFIED TERMS OF USE. IN THE CASE OF MATERIAL CHANGES TO THE TERMS, TANDEM WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU OF THE CHANGE, SUCH AS THROUGH SENDING AN EMAIL TO ANY ADDRESS YOU MAY HAVE PROVIDED FOR SERVICES. MATERIAL CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON THE EARLIER OF: (I) YOUR FIRST USE OF THE SERVICE WITH ACTUAL NOTICE OF SUCH CHANGE, OR (II) THIRTY (30) DAYS FROM POSTING OF SUCH CHANGE. DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED IN ACCORDANCE WITH THE VERSION OF THE TERMS IN PLACE AT THE TIME THE DISPUTE AROSE. WE ENCOURAGE YOU TO REVIEW THESE TERMS FREQUENTLY TO STAY INFORMED OF THE LATEST MODIFICATIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO MODIFICATION TO THE TERMS OF OUR AGREEMENT TO ARBITRATE DISPUTES WILL BE EFFECTIVE WITHOUT YOUR EXPRESS CONSENT, PROVIDED THAT IF WE PROPOSE A CHANGE TO THE TERMS OF OUR AGREEMENT TO ARBITRATE AND YOU DO NOT CONSENT TO THE CHANGE, YOU MUST TERMINATE YOUR USE OF THE SERVICE.
THESE TERMS, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER AGREEMENTS EXPRESSLY INCORPORATED BY REFERENCE HEREIN, CONSTITUTE THE ENTIRE AND EXCLUSIVE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND TANDEM REGARDING YOUR USE OF AND ACCESS TO THE SERVICE, AND EXCEPT AS EXPRESSLY PERMITTED ABOVE MAY BE AMENDED ONLY BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF ALL PARTIES TO THESE TERMS. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. TO THE EXTENT THAT ANY LAWSUIT OR COURT PROCEEDING IS PERMITTED HEREUNDER, YOU AND TANDEM AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN LOS ANGELES COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH DISPUTES. YOU MAY NOT ASSIGN OR TRANSFER THESE TERMS OR YOUR RIGHTS HEREUNDER, IN WHOLE OR IN PART, BY OPERATION OF LAW OR OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN THESE TERMS AT ANY TIME WITHOUT NOTICE. THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY TIME THEREAFTER, NOR SHALL A WAIVER OF ANY BREACH OR DEFAULT OF THESE TERMS OR ANY PROVISION OF THESE TERMS CONSTITUTE A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT OR A WAIVER OF THE PROVISION ITSELF. USE OF SECTION HEADERS IN THESE TERMS IS FOR CONVENIENCE ONLY AND SHALL NOT HAVE ANY IMPACT ON THE INTERPRETATION OF PARTICULAR PROVISIONS. IN THE EVENT THAT ANY PART OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART SHALL BE GIVEN EFFECT TO THE GREATEST EXTENT POSSIBLE AND THE REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT. UPON TERMINATION OF THESE TERMS, ANY PROVISION THAT BY ITS NATURE OR EXPRESS TERMS SHOULD SURVIVE WILL SURVIVE SUCH TERMINATION OR EXPIRATION, INCLUDING SECTIONS 6 THROUGH 10 AND 12.
THE SERVICES HEREUNDER ARE OFFERED BY TANDEM GENETICS, LLC. YOU MAY CONTACT US BY EMAILING US AT INFO@TANDEMGENETICS.COM.
Last Updated 01/03/2021, depend
Cookie Policy
Cookies provide usage information based on visitors to our website. You may disable the use of Cookies on your web browser by changing your preferences on your computer at any time.
Tandem does not use cookies to collect any personal information about you. We may use cookies and aggregate website data to improve our Site and services and record general data on how our Site is being accessed such as to improve our site and services.
Tandem does not sell your personal information to third parties.
Last Update 01/03/2021
Private Policy
This privacy policy (“Policy”) describes the information that Tandem Genetics, LLC (“Tandem”) gathers from your use of its Services, how we use and disclose such information, and the steps we take to protect such information. By using the Services, you consent to the privacy practices described in this Policy. This Policy is incorporated into and is subject to Tandem’s Terms of Service.
When you use the Services, we may collect Personal Health Information (PHI) including information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, phone number, date of birth, or geographic area. This information may be used to contact you to schedule, conduct, or follow up on Services. Tandem does not use PHI for promotional purposes.
Except as described in this Policy, we will not disclose your information to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
· We may release your protected health information to contracted healthcare providers, billing or health insurance providers, or other individuals or organizations who require such information in order for Tandem to provide Services, bill for Services, and aid in management of your healthcare.
· We work with third party service providers to provide website hosting and maintenance, and other services for us. These third parties may have access to your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
· We may also disclose your information that we believe in good faith is appropriate or necessary to enforce our Terms of Service; address fraud, security, or technical issues; or protect against harm to Tandem to the extent required or permitted by law.
· Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee.
You may decline to share certain personal information with us, in which case we may not be able to provide to you Services. If you wish to access or amend any other personal information we hold about you, you may modify your account settings or contact us at Info@TandemGenetics.com. While any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, or satisfaction of legal obligations.
We use certain technical safeguards that are designed to provide security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us for provision of Services, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through Services if a security breach occurs.
The Services are provided in the United States according to the standards in the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing.
Tandem may modify the Policy at times and will make it available through the Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change such as through a message to your email address, if you provided one for receipt of Services. Your continued use of the Services after the revised Policy becomes effective indicates that you have read, understood and agreed to the current version of the Policy.
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at Info@TandemGenetics.com.
Last Updated 01/03/2021