TESTING AND PRODUCT CONSENT
Last Updated: January 2022
Purpose. Quidel® Corporation and its affiliates (referred to as “Quidel”, “we”, “us” or “our”) are seeking your consent to test you for COVID-19 infection (the “Test”), and make your Test results available to you and federal, state, local and tribal health authorities in accordance with applicable law (the “Services”). By completing this consent on behalf of your child or dependent, you represent and warrant your authority to do so, and for purposes of this consent, references to “you” and “your” refer to you or to your child or dependent, as applicable.
Testing. Collecting a specimen for testing involves inserting a small swab, similar to a Q-Tip, into the front of the nose. Although the risks and discomforts associated with a nasal swab are very low, you might be at risk for pain, bruising, and discomfort. The Tests may reveal sensitive information about your health. You may learn about health conditions or risks that you were not aware of before you utilized the Services. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health conditions or potential health problems.
If your Test results are positive, you should avoid contact with others and contact your doctor immediately to review the Test results and discuss what you should do next.
If your Test results are negative, this means that COVID-19 was not detected in your specimen. Quidel implements several safeguards to avoid technical errors, but as with all tests, there is a chance of a false positive or a false negative result. Tests sometimes produce incorrect negative results (called “false negatives”) in people who have COVID-19 infection, or incorrect positive results (called “false positives”) in people who do not have COVID-19 infection. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors. Quidel does not warrant the accuracy, completeness, timeliness, or usefulness of the opinions, content, services or other information provided through the Services.
If you test negative but have symptoms of COVID-19, or if you have concerns about your exposure to COVID-19, you should call your doctor.
Services are not a Medical Diagnosis or Treatment. The Services are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider for any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on our website or via the Services. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment. Reliance on any information resulting from or in connection with the Services is solely at your own risk.
You understand and agree that your Test results are not intended to be used for any diagnostic purposes and are not a substitute for professional medical advice. You understand that your Test results will not tell you if you had COVID-19 in the past or if you will have immunity from it in the future.
WE DO NOT PROVIDE ANY MEDICAL ADVICE OR SERIVCES, INCLUDING SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUIR DOCTOR OR 911 IMMEDIATELY. YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER IF YOUR SYMPTOMS GET WORSE OR YOU EXPERIENCE ANY NEW SYMPTOMS.
Consent and Acknowledgements. You accept, agree, confirm and certify the following:
Sharing of your Information. You consent to make your Test results and other information about you available as permitted by applicable law, including, without limitation, to: federal, state, local and tribal health authorities; and Quidel’s service providers. Information about you that may be shared with federal, state, local and tribal health authorities and Quidel’s service providers may include, but is not limited to, your full name, email address, home address, phone number, gender, date of birth, race, ethnicity, occupation, vaccine status, vaccine type and date vaccination was received, and Test results. We will make reasonable efforts to protect the privacy and security of your data, and sharing of your information will only be done so in accordance with applicable law and policies.
No Rights in Information. You understand that by providing or accessing your Test result(s), or providing information to us, you acquire no rights in any research or commercial products that may be developed by Quidel or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information. Your information may be stored in a repository and used for validation, educational, and/or research purposes.
Voluntary and Authorized Consent. You are providing this consent freely and voluntarily, and you are legally authorized to do so. You consent to be tested for COVID-19 infection. You understand that your Test results may be shared with other organizations in accordance with applicable law, including organizations supporting Quidel in providing the Services.
Release. You agree that you, and your assignees, heirs, parents, guardians, and legal representatives hereby voluntarily and irrevocably release, forever discharge, and hold harmless Quidel Corporation and Quidel Services, LLC and their respective predecessors, successors, affiliates, subsidiaries, officers, trustees, employees, attorneys, agents, contractors, representatives, or groups affiliated therewith (the “Releasees”) from any liability, claims, or causes of action of whatever nature, arising from or related to the Services for any reason whatsoever to the fullest extent permitted by law, including without limitation, arising from or as a result of the acts or omissions, whether negligent or willful, of the Releasees.
Indemnity. You further agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims or actions by third parties and any related liabilities, losses, damages, fines, judgments, settlements and expenses (including, but not limited to, legal fees and expenses for counsel selected by Quidel) arising or resulting from your willful or negligent failure to comply with the terms of this consent.
In addition, you understand that this release is intended to be as broad and inclusive as allowed by law. If any portion of this release is held invalid, you agree that the balance shall, not withstanding, continue in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO CONSULT WITH ANYONE OF YOUR CHOOSING – INCLUDING, BUT NOT LIMITED TO, AN ATTORNEY AND YOUR HEALTH CARE PROVIDER(S) – WITH RESPECT TO THE TERMS OF THIS RELEASE AND OTHER PROVISIONS OF THIS CONSENT BEFORE ACCEPTING THE TERMS OF THIS CONSENT.
Effective until Revoked. Your use of the Services is voluntary. You understand that this consent will be valid and effective until and unless you revoke this consent. If you revoke your consent, then you may no longer use the Services.
THIS IS A LEGAL AGREEMENT. YOU ACCEPT, AGREE, CONFIRM, AND CERTIFY THE FOLLOWING CONDITIONS: (1) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE CONDITIONS AND AGREE TO BE BOUND BY THIS CONSENT AND THAT IT WAS ENTERED INTO FREE OF IMPROPER INFLUENCES AND COERCIONS; AND (2) YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO USE THE APPLICABLE SERVICES AND TO ENTER INTO THIS CONSENT. IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE SERVICES.
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Questions should be sent to us by email at firstname.lastname@example.org or by courier or mail to Attn: Legal Department, 9975 Summers Ridge Rd, San Diego, CA 92121. Please note that while any changes that you make will be reflected in our databases within a reasonable period of time after we receive notice of such changes, we may retain your information in the ordinary course of business, for the satisfaction of our legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.