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.
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.
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.
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.
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