Last updated: December 9, 2022
On this page you will find the terms and conditions (“Terms”) governing the purchase of COVID-19 test kits offered for sale by Fulgent Genetics, Inc. ("Company" or "we" or "us"), including, without limitation, at www.picturegenetics.com. Note that if you are ordering several different products, multiple sets of terms and conditions may apply. We want to make your purchasing experience simple and transparent. For additional terms that relate to our products and services, website use, cookies, HIPAA, and privacy, see “Additional Policies” below. If you have any questions about your order or applicable terms, email our Customer Service at hello@picturegenetics.com.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
IF YOU ARE AN INDIVIDUAL ACCESSING THIS WEBSITE ON BEHALF OF, OR FOR THE BENEFIT OF AN ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. BY USING THE WEBSITE, YOU ALSO AFFIRM THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT.
IF YOU ARE HAVING A MEDICAL EMERGENCY; EXPERIENCING SEVERE DIFFICULTY BREATHING; EXPERIENCING CONTINUOUS PAIN OR PRESSURE IN YOUR CHEST; FEELING CONFUSED; HAVING DIFFICULTY WAKING UP OR STAYING AWAKE; HAVE PALE, GRAY, OR BLUE-COLORED SKIN, LIPS, OR NAIL BEDS; OR ARE EXPERIENCING ANY OTHER EMERGENCY SIGNS OR SYMPTOMS, DO NOT WAIT FOR RESULTS AND SEEK IMMEDIATE MEDICAL CARE BY CALLING 911.
These terms apply to your access, purchase, order, or use of COVID-19 test kits (“Kits”) and test redemption codes (“Codes”) provided by the Company, whether on your own behalf, for someone else, or for your organization. We offer a variety of other products that may be covered by different terms of use. Please read the Terms carefully. Your purchase or use of the Kits or Codes constitutes your agreement to be bound by all terms.
These Terms are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO A JURY TRIAL. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION ARISING FROM THESE TERMS OR YOUR USE OF A KIT.
The arbitration will be conducted in Los Angeles County, California before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator will be held in the State of California. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. The arbitrator's decision will follow the plain meaning of the relevant documents and will be final and binding. The arbitrator shall not be empowered to award punitive damages to any party. Notwithstanding any of the foregoing, nothing in these Terms will preclude us from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in Los Angeles County, California; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. The parties will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys' fees and costs.
The Company offers the sale of individual COVID-19 Kits. Individual Covid-19 Kits must be purchased directly from the Company on the Company's Website (https://picturegenetics.com/covid19). The resale of such Kits is strictly prohibited. Once the Kit is purchased, the Company will ship the Kit directly to the provided address. The Kit expires six (6) months from date of order. Expired Kits will not be tested by the Company.
The Company offers the gifting of COVID-19 Kits, which is accomplished by purchasing a Code redeemable for a Kit. Kits that may be gifted or sent to another individual must be purchased as Codes directly through a Company representative, which the recipient can then redeem for a Kit. After purchase of the Code, the Company will send a confirmation email to the purchaser containing the Code. The purchaser must then provide the Code to the intended recipient.
The Code is not denominated in a dollar value, has no monetary value, is not a gift certificate or gift card, and cannot be redeemed for cash or other value. It is redeemable solely for one COVID-19 Kit, regardless of the Company's current price of such Kit. The Code can be redeemed for six (6) months after the date of purchase. After six months, the Codes will expire and will not be redeemable. Furthermore, once the Code is redeemed for a physical COVID-19 Kit, then the physical Kit also expires six (6) months after the date of its order (i.e., 6 months from the date when the Code was redeemed).
Please pay careful attention to expiration dates because no refunds will be issued for expired Codes or Kits. The Company disclaims all responsibility or liability for Codes sent incorrectly by purchasers to recipients. The resale of Codes is strictly prohibited.
COVID-19 Kits can also be purchased in bulk, in increments of 100 tests, directly by email communications with designated representatives from the Company. Purchasers of Bulk Orders can distribute the Kits to individuals (such as students or employees, etc.), along with activation codes that will be included with the Kits. The resale of the Kits is strictly prohibited. The Kits, along with their corresponding activation codes, expire six (6) months from the date of order.
The COVID-19 Kit is an RT-PCR test. RT-PCR stands for reverse transcription polymerase chain reaction, which is a molecular process used to check for genetic material (viral RNA) produced by the virus. This determines if a person is currently infected and can spread COVID-19 to others. This test does NOT check for antibodies. It may take several days for the virus to be detected, so the test may not identify the virus if you were recently infected. Your test results will confirm whether or not you are currently infected with COVID-19. If your results are positive, it is important to follow recommended safety precautions from public health agencies and your medical provider. If your results are negative, it means the virus was not present in the sample you provided. Regardless of your results, you will have an opportunity to speak with a licensed healthcare provider who can answer any questions you may have about your test results and help determine next steps in care. This service will be available for up to 90 days following the release of your report.
This test may not detect the virus in the early stages of infection. In addition, this test may not detect the virus if there was a problem with your sample, such as when the sample is not collected as directed. Please be aware of the possibility of a false negative (a negative result that is incorrect) if you have had more recent exposure to the virus along with symptoms consistent with COVID-19.
To use or redeem a COVID-19 Kit, first activate the Kit on the Company Website, as directed. Collect and return a nasal swab sample as directed. Samples MUST be activated by the user and received by the lab within 48 hours of the sample collection time in order to ensure that the results are as accurate as possible. Delays in shipping or un-activated tests may result in a voided sample, meaning we may be unable to process your test.
If a component in the Kit expires before the six-month expiration date of the Kit, the Company will replace the component at no charge. Please contact us at hello@picturegenetics.com.
Kits expire 6 months from the date of order. Expired Kits will not be tested by the Company. Codes also expire 6 months after the date of order. If the Code is redeemed for a Kit within the 6-month period, the Kit further expires 6 months after the date of order of the Kit (i.e., the date of redemption of the Code).
A COVID-19 Kit or Code cannot be exchanged for other products or services provided by the Company or for store credit. Codes and Bulk Orders are not refundable. Individual kits are not refundable. Tests may be cancelled by the user if they no longer wish to use the Kit. Once cancelled, a Kit cannot be used at any point in the future. Refunds will not be issued for expired kits.
These Kits have been previously authorized by the FDA under an Emergency Use Authorization (EUA), yet they have not been approved or cleared by the FDA. These Kits have been authorized only for home collection and maintenance of nasal swabs as an aid in the detection of nucleic acid from SARS-CoV-2 (i.e., the COVID-19 virus), not for any other viruses or pathogens. Kits are authorized for the duration of the FDA's declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostic tests for the detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Act, 21 U.S.C. § 360bbb-3(b)(1), unless the authorization is terminated, amended, or revoked sooner. Please visit the FDA's website for additional information.
Due to variations in carrier shipping and lab capacity, the Company cannot guarantee exact timing for each test, including timing of Kit delivery and release of reports. We are not responsible for Kits lost or damaged during shipment, but we may offer a replacement Kit on a case-by-case basis.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR (IF APPLICABLE IN YOUR JURISDICTION) FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, SERIOUS PERSONAL INJURY, OR DEATH DIRECTLY CAUSED BY THE COMPANY: (A) THE COMPANY WILL NOT BE LIABLE: FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, OR FOR DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY IN CONNECTION WITH ANY PRODUCT OR SERVICE OR $10.00. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF THE COMPANY, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement, and that products and services would not be provided to you absent such limitations. THE PROVISIONS ABOVE IN THIS SECTION DO NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FRAUD AND DEATH OR SERIOUS PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.
We may change these Terms from time to time for business reasons by notifying you of such changes by any reasonable means, including by posting revised Terms through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your purchase and use of our products following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend above indicates when these Terms were last changed.
Our products, including the Kits, are offered in the United States and are subject to applicable United States laws, rules, and regulations. If you attempt to purchase and use the Kits in regions outside the United States, then by your use of the Kits, you acknowledge and agree that (a) the laws and regulations of the United States shall govern your use of the Kits, our services, and provision of your information (including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the US PATRIOT Act of 2001, each as amended), which laws and regulations may differ from those of your country of residence; and (b) we may collect, process, use, store, transfer, and disclose your information as set forth in the Privacy Policy, which you should carefully review as you understand and agree to all the applicable ways in which Fulgent handles your information.
To register for an account, visit https://picturegenetics.com/login. We may reject or require that you change any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Website account.
Certain Website functionality may make available access to information, products, services, and other materials made available by third parties ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials. We do not control or endorse and are not responsible for any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any related intellectual property rights. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by the Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider or owner of such Third Party Materials; nor does such availability create any legal relationship between you, us, and any such provider. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, patient-provider, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
F. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
To the fullest extent permitted under applicable law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, employees, officers, directors, agents, servants, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (a) your violation of these Terms and (b) your use of our products and services. If you have submitted a saliva sample, you will defend and hold harmless the Company, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your sample, which is disclosed to you consistent with our Privacy Policy or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your test results or genetic information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold harmless the Company, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your test results or genetic information.