Quest Consumer Inc. Terms and Conditions

Welcome to questhealth.com (the "Site"). The Site is owned and operated by Quest Consumer Inc. ("Quest Consumer"). Quest Consumer enables individuals to select and purchase laboratory testing, products, and other services from Quest Diagnostics Incorporated and affiliated laboratories ("Quest Diagnostics") and nonaffiliated third parties (“Services”). By accessing the Site, or using the Site to purchase Services, You agree to be bound by these Terms and Conditions. Should You choose not to accept these Terms and Conditions, You will not be able to purchase the Services through the Site. “You” or “Your” shall mean the user of the Site or purchaser of any of the Services. “We” or “Us” or “Our” shall mean Quest Consumer.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND TO AGGREGATE CLAIMS. PLEASE READ BELOW FOR MORE DETAILS.

1. Scope. These Terms and Conditions apply to Your use of the Site, as applicable.

2. No Medical Advice/No HIPAA Covered Services. This Site provides information about Quest Consumer and its successor entities or affiliates, and the products and services offered by each of them, including diagnostic health testing and services, data analysis, and information about various health conditions.

Quest Diagnostics Incorporated and certain of its affiliates are CLIA certified laboratories that provide HIPAA covered services. However, You understand and agree that Quest Consumer does not provide HIPAA covered services.

If You are a healthcare consumer, You should not use information (including, without limitation, advice and recommendations) found on this Site (the “Information”) to replace a relationship with Your physician or other healthcare professional and You should not rely on the Information as professional medical advice. Always seek the advice of Your physician or other qualified healthcare provider concerning questions You have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something You have or have not read on this Site.

The Information and Services on this Site are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with Your medical history. Use of this Site does not create a doctor-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment. Call 911 or Your doctor for all medical emergencies. QUEST CONSUMER IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN.

While Quest Consumer attempts to keep all the information on the Site up-to-date, medical treatment and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Quest Consumer makes no representations or warranties as to the accuracy of the content of the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction You take based upon the Information. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Site. You assume the entire risk of loss in using this Site and materials contained in the Site. Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.

3. Services. You must provide accurate and complete information any time You use the Site. It is Your responsibility to provide Us with true, accurate and complete e-mail address, contact, and other information, and to maintain and update promptly any changes in this information.

Quest Consumer shall not be liable for any loss or damage arising from Your failure to comply with any of these Terms and Conditions.

Your use of any content accessed through the Site must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use the Site, or You must be the legal guardian for someone under age 18.

We have the right (but do not assume the obligation) to monitor and terminate Your access to and use of the Site, or to modify, edit or block Your transmissions thereto in Our sole discretion.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for You to access and use the Site. This responsibility includes, without limitation, Your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of Your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access the Site, and for the transmission and receipt of information using such Systems. You acknowledge that You have requested access to the Site for Your convenience, have made Your own independent assessment of the adequacy of the Internet and Systems, and that You are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your System.

The Site may include content that You find offensive, including health-related content that is sexually explicit. You may choose to allow a third-party service provider (such as a Personal Health Record or PHR) to retrieve, provide, modify or otherwise use health and other information or otherwise share Your information with the service provider. Once You enable a specific third-party service provider to access Your information, the service provider may continue to access Your information until You affirmatively disable access. Third-party service providers include both healthcare providers and other entities. It is Your sole responsibility to review and approve each such third-party service before sharing Your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. QUEST CONSUMER MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

4. Intellectual Property. Copyright, trademark, patent, and other applicable laws protect the Services and content appearing on the Site. All content on the Site may be accessed, downloaded or printed for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these Terms and Conditions. No other use of the content may be made without express written permission of Quest Consumer. Any unauthorized use of the words, images, or other content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Site includes content that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Site. The copyrights are owned by Quest Consumer, or for licensed content, the content providers.

The Site is owned by Quest Consumer. None of the names, trademarks, service marks and logos appearing on this Site may be used in any advertising or publicity, or otherwise to indicate Quest Consumer’s sponsorship of or affiliation with any product or service without express written permission of Quest Consumer. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of Quest Consumer or the third-party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

5. Links to Other Sites. This Site may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third-party content and links as a courtesy to our users. We have no control over any third party-owned web sites or content referenced, accessed by or available on this Site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If You link to third-party web sites from Quest Consumer, We encourage You to consult the policy statements of each web site You visit.

6. Linking to This Site. We welcome links to this Site. You can link Your site to ours using our suggested link copy, or create Your own copy. However, we do not wish to be linked to or from any third-party web site or link which contains: any information that misrepresents the nature of Your relationship with our organization, or incorrect facts or data about our organization; or any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Quest Consumer or its affiliates; or any material or information of any kind, which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

7. Representations and Warranties. . By using this Site, You represent and warrant to Quest Consumer that:

a. You are 18 years of age or older and are voluntarily requesting Services.

b. The information that You provide to purchase the Services is correct.

c. Unless You are purchasing testing that is intended to be used and resulted at home, Your test request is submitted to an authorized medical provider licensed in Your state from an authorized Prescriptive Authority Provider to review, approve and order Your testing in accordance with state laws and regulations.

d. You are buying the Services for personal use only, and not for resale or export.

e. All purchases made by You are intended for final delivery to locations within the U.S.

8. Lab Tests. For COVID-19 tests, You may receive Your test results by secure email to the email address that You provided when You purchased the testing.

Once Your results are ready, You will receive an email notification and You can view the results, maintained by Quest Diagnostics. There is a risk that electronic communications, including emails and texts, could be intercepted or viewed by a third party. Once received by You, anyone with access to Your email account or device can see Your emails or texts. When You provide Your phone number and/or email, You acknowledge and accept this risk.

9. Privacy Notice. Quest Consumer will only use information You provide as permitted by the Quest Consumer Privacy Notice and applicable law. By agreeing to these Terms and Conditions, You expressly agree to the collection, use, and disclosure of Your information as described in our Privacy Notice. The purpose of Our Privacy Notice is to identify the information We collect online, the steps We take to protect it and Your choices regarding how that information is used. For example, We may use Your Personal Information (as defined in Our Privacy Notice) to contact You about our Services, events and/or news, that may be of interest to You, as permitted by law.

10. SMS Communication. If You provide Your mobile phone number, we may use this information to send You transactional SMS message updates about Your tests, results, account, and scheduling. The number of messages will vary. Reply ‘STOP’ to any SMS message to unsubscribe from SMS updates. Reply ‘HELP’ to get help. Quest Consumer does not charge any users fees to send or receive text messages. However, message and data rates may apply from Your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. Quest Consumer will not be liable for any delays in the receipt of any SMS messages. SMS messages through Your wireless carrier / service provider are not secure messages through encryption or similar technology.

11. No Substitution for Medical Advice. Testing purchased from Quest Consumer does not replace the interpretation of results and the care recommendations of a healthcare provider. It is solely Your responsibility to promptly discuss Your laboratory results with Your healthcare provider and Quest Consumer recommends that You do so. The test results that You receive are not intended to diagnose or treat disease and do not constitute the practice of medicine. Test results may vary depending upon, but not limited to, personal information such as age, medications, and fasting status (refrained from eating or drinking anything but water for a number of hours prior to testing). False-positive and false-negative test results are possible and are one reason why We recommend that You discuss all results with Your personal healthcare provider. There are various medical diseases that cannot be uncovered by these tests alone.

12. Specimens. For tests involving laboratory processing of a specimen, Your results will be reviewed by an authorized medical provider, licensed in Your state from the Prescriptive Authority Provider. You may be contacted if that healthcare provider determines, in their independent medical judgment, that one or more of Your test results is sufficiently outside a normal reference range to indicate a need for You to seek medical attention (“Alert Calling”). You agree that You have authorized this process and that You hereby waive any claim You could assert pursuant to any laws regarding Alert Calling that is believed to be medically necessary for Your well-being. We emphasize that You should share Your test results with Your personal healthcare provider for treatment purposes, as appropriate. If results come back out of normal range, Your healthcare provider may order further testing which may generate additional expense. After Your laboratory results are received, You may also choose to speak with a care coordinator or healthcare provider at the Prescriptive Authority Provider to explain the results. You understand and agree that any services provided to You by the Prescriptive Authority Provider, including Alert Calling (as described above) and the determination as to whether Alert Calling is medically appropriate and any consultations or coaching sessions with the Prescriptive Authority Provider and advice and treatment provided or not provided during those sessions are being provided directly by the Prescriptive Authority Provider using their own independent medical judgment and are subject their terms of service and privacy policies. You further understand and agree that Quest Consumer is not involved in providing these Prescriptive Authority Provider services to You and is not responsible for any performance or failure to perform, by the Prescriptive Authority Provider, these services. The Prescriptive Authority Provider service fee, indicated when You make Your purchase, is being collected by Quest Consumer on behalf of the Prescriptive Authority Provider and is non-refundable.

13. No Reimbursement. By purchasing the Services through the Site, You have elected not to submit any invoice or claim for reimbursement to any insurer or health plan (including but not limited to Medicare, Medicaid, or any private health insurer or plan). Therefore, You understand and agree that the Services purchased by You through the Site are solely Your financial responsibility.

14. Eligible Expenses. You may be able to submit the expenses associated with the Services to Your Health Savings Account, Flexible Spending Account, Health Reimbursement Account, or similar account for reimbursement. Please check with Your health account administrator to see if these expenses are eligible for reimbursement under Your plan.

15. Cancellation of In-Person Collection Tests. For testing involving in-person collection at a Quest Diagnostics location, prior to sample collection, You have 60 days after Your purchase to cancel Your purchase. There is a non-refundable cancellation fee of $20 for each order, which includes the fees charged by the Prescriptive Authority Provider and Quest Diagnostics administrative fees. In some states, applicable taxes are non-refundable as well. If You do not have Your sample collected within 60 days of Your purchase, Your purchase will expire. In that event, You will be automatically refunded Your purchase price minus the non-refundable cancellation fee of $20, and applicable taxes, in accordance with state law, for each order. You will not receive a refund if the price You paid for an order inclusive of the fees charged by the Prescriptive Authority Provider is less than the non-refundable cancellation fee of $20. Any refunds provided will be issued to the same payment method used for the purchase.

16. Cancellation of Home Collection Kits. For testing involving home collection kits (“home collection kit”) with lab processing and resulting, prior to activation of Your home collection kit, You have 60 calendar days after Your purchase to cancel Your purchase and receive a refund. There is a non-refundable cancellation fee of $45, which includes the fees charged by the Prescriptive Authority Provider, collection materials, and administrative fees. In some jurisdictions, applicable taxes are non-refundable as well. After activating Your home collection kit, if Your sample does not arrive at Our laboratory within 14 business days of Your home collection kit activation, Your purchase will expire. In that event, You will be automatically refunded Your purchase price minus the non-refundable cancellation fee of $45, and applicable taxes, in accordance with applicable law.

17. No Refunds of Home Collection Kits Resulted at Home. Testing involving home collection kits that are intended to be used and resulted at home are non-refundable, all sales are final.

18. Additional Terms. If Your purchase of testing includes home collection kits, In-home sample collection with Quest Mobile, or any other product or service not described in sections 15 or 16 above, please refer to the specific product pages for any additional applicable terms and conditions. By purchasing these products or services, You agree to these additional terms and conditions.

19. Promo Code. If You are participating in a sponsored program using a sponsored promo code, in which a sponsor is paying for all or a portion of Your testing, You must review the terms of Your sponsored program, as provided by Your program sponsor, for additional details. Your sample must be collected within 60 days of initial use of the promo code (or Your sample must be received by Quest Diagnostics within 60 days of activation if the testing includes a home collection kit). Quest Consumer will not share the results of the testing with Your sponsor in a manner that identifies You, unless You have consented to share Your results with the sponsor as part of the sponsored program. If You purchase testing that is not included in Your sponsored program, You are responsible to pay for that testing. Cancelled or expired testing is subject to the non-refundable cancellation fees outlined in Paragraphs 12 and 13, respectively. Some sponsored testing programs may cover the non-refundable cancellation fee. Please review the details of Your sponsored program to learn if You or Your sponsor is responsible for the non-refundable cancellation fee.

20. Assistance of Third Parties. We may use other organizations at times to provide certain Services or facilitate administrative processes required in connection with the Services. Third parties may also use other organizations at times to provide support for their products or services or to facilitate their own administrative processes.

21. Reporting of Test Results. The clinical laboratories and healthcare providers that provide post-purchase testing services to You may report Your test results to any local, state, or federal authority, such as public health authorities, as permitted or required by applicable law, or as authorized by You.

22. No Rights Granted. No rights to the name or use of the name "Quest" or “Quest Consumer” are granted to You in connection with the Services. You are not authorized to make any metatags or in any other fashion create the impression of affiliation or sponsorship with or by Quest Consumer.

23. Right to Modify These Terms. Quest Consumer reserves the right to make changes to these Quest Consumer Inc. Terms and Conditions at any time and they will be effective immediately upon posting to the internet. Any of the Services offered (including services offered by the Prescriptive Authority Provider as described above) may change from time to time and notice will not be provided. By agreeing to these Terms and Conditions, You understand that any amendments to these Terms and Conditions will not apply to any claims that may have accrued prior to the amendment.

24. Disclaimer of Warranty. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. QUEST CONSUMER, ITS SUCCESSOR ENTITIES, AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH YOUR PURCHASE OF ANY SERVICES OR INFORMATION CONTAINED ON THIS WEBSITE. SERVICES OFFERED AND PRODUCTS MADE AVAILABLE BY A THIRD PARTY ("THIRD PARTY PRODUCT") MAY CONSTITUTE, CONTAIN OR BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO, OR PACKAGED TOGETHER WITH THE SERVICES OR MAY BE REFERENCED ON A THIRD-PARTY WEBSITE. FOR THE AVOIDANCE OF DOUBT, QUEST CONSUMER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICE OR PRODUCT INCLUDING WITHOUT LIMITATION ANY TEST OR SERVICE OF SUCH THIRD-PARTY REFERENCED ON OUR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME WARRANTIES, SO SOME OF THE DISCLAIMERS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

25. Assumption of Risk. By accepting these Terms and Conditions, You voluntarily assume any risks associated with the Services. By clicking the Accept/Agree button to make a purchase and/or utilizing the Services, You certify that You have read and agree to these Terms and Conditions of Service and that You knowingly and voluntarily acknowledge and consent to third-party review and approval of Your testing by the Prescriptive Authority Provider and testing by Quest Diagnostics as described in these Terms and Conditions.

26. Indemnification. You agree to indemnify, defend, and hold harmless Quest Consumer, Quest Diagnostics, their respective affiliates, and their respective officers, employees, contractors, agents, licensors, suppliers, subsidiaries, affiliates, directors, partners, managers, members, successors, and assigns, from and against any and all third-party actions, suits, claims, or demands and any associated losses, expenses, damages, fees, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to (a) Your use or misuse of any portion of the Services; (b) the use or misuse of any portion of the Services by a third party, and/or; (c) Your violation of these Terms and Conditions.

27.Limitation of Liability. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, OR DIMINUTION IN VALUE, WHETHER ARISING OUT OF BREACH OF THESE QUEST CONSUMER INC. TERMS AND CONDITIONS OF SERVICE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY VIOLATION, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PRODUCTS AND SERVICES SOLD HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 24 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

28. Governing Law; Venue. These Terms and Conditions shall be governed by the laws of the State of New Jersey and the applicable federal laws of the United States, including the Federal Arbitration Act, without giving effect to any choice or conflict of law provision or rule whether of the State of New Jersey or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey. Further, You agree that, for any disputes that have been determined by a court of law or an arbitrator as not being subject to arbitration and are not brought in small claims court (as detailed below), such disputes must be brought in a state or federal court located in or for Morris County, New Jersey. In addition, You submit to the exclusive personal jurisdiction and venue of such courts. As detailed below, however, and to the extent permitted by law, no such dispute may be brought on a class or representative basis.

29. Binding Individual Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

a. Disputes that Must Be Arbitrated. This agreement applies to any “Dispute” between You and Quest Consumer (“Company”). “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between You and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) Your or Company’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.

b. Informal Resolution. . If You have a Dispute against Company or if Company has a dispute against You, Company will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day You or Company receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute to the following address:

 Quest Consumer Inc.
 ATTN: Office of the General Counsel
 500 Plaza Drive
 Secaucus, NJ 07094

Company will send any Notice of Dispute to Your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address You have provided Company. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute, and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow Company (or You, in the case of a dispute Company asserts against You) to make a fair, fact-based offer of settlement if Company or You choose to do so. You and Company cannot proceed to arbitration unless this information has been provided. If You or Company proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

c. Small-Claims Court. . You and Company agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where You live or in Hudson County, New Jersey may be brought as individual actions in such small-claims courts. Company hopes You’ll try Informal Resolution first, and You must do so before commencing an arbitration, but You don’t have to complete the Informal Resolution process before going to small-claims court.

d. Binding Individual Arbitration. . THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Company consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

You and Company agree that Disputes will be settled by binding individual arbitration conducted by AAA according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to AAA Consumer Arbitration Rules (https://www.adr.org/consumer), as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

“Arbitration” means that Disputes between you and Company will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to Company as a court could, but only to satisfy your or Company’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and Company will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

e. Arbitration Procedure and Location. . You or Company may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with AAA in accordance with the AAA Consumer Arbitration Rules. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/consumer. You will send a copy of any Demand for Arbitration to the following address:

 Quest Consumer Inc.
 ATTN: Office of the General Counsel
 500 Plaza Drive
 Secaucus, NJ 07094

Company will send any Demand for Arbitration to the email address and to any address You have provided Company.

The arbitration will be conducted by a single arbitrator. You and Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and You reside in the United States, the hearing will take place in Hudson County, New Jersey unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If You reside outside the United States, the site of any in-person hearing will be determined by the applicable rules.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to You or Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

f. Consumer Arbitration Fees. The terms of this section only apply to You if You are a Consumer.

If You start an arbitration against Company, You will pay the filing fee required for consumer arbitrations. In some situations, Company will help You with the fees related to an arbitration You initiate against Company to (hopefully) move us to a resolution quickly and fairly:

  If the Dispute involves a claim of damages of USD $5,000 or less, including any attorneys’ fees and all other relief You are seeking, Company will pay all the arbitration costs, including the fees You otherwise would have been required to pay.

  Even if the Dispute involves a claim of damages of more than USD $5,000, Company may still help You with Your fees: if You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Company will pay as much of Your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).

  Notwithstanding Company’s agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $5,000 or less, Company will not pay a claimant’s share of fees if the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $5,000 or less for all claimants.

If Company starts an arbitration against You, Company will pay all filing fees

Arbitration costs do not include Your attorneys’ fees and expenses if You choose to be represented by an attorney. If You choose to be represented by an attorney, You will pay Your own attorneys’ fees and costs unless the applicable law provides otherwise.

g. Notice and Filing. . To the fullest extent permitted by applicable law, You or Company must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires You or Company to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, You and Company will not have the right to assert the Dispute.

h. Coordinated Filings. . If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Company will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the rules and AAA’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Company, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Company shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once all Notices of Dispute have been provided to Company for Coordinated Cases, counsel for claimants and counsel for Company shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Company do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if Your case is among Coordinated Cases filed against Company, resolution of Your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Company.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Company agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Company cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Company will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Hudson County, New Jersey or if federal jurisdiction exists, in the United States District Court for the District of New Jersey, and You consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either You or Company from removing a case from state to federal court if removal is allowed under applicable law. To the extent You are asserting the same claims as other persons and are represented by common or coordinated counsel, You agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

i. Continuation in Effect. The dispute resolution process set forth in this agreement survives the termination of any other agreement between You and Company.

j. Future Terms Changes. Although Company may revise these dispute resolution terms in its discretion, Company does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

k. Class Action Waiver. To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, You and Company will only bring disputes, claims, or controversies between Company in an individual capacity only and shall not:

• seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
• consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.

l. Severability. If all or any provision of this agreement is found invalid, unenforceable, or illegal, then You and Company agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and Company agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

m. Your 30-Day Right to Opt-Out. You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, You must send written notice of Your decision to the following address:

 Quest Consumer Inc.
 ATTN: Office of the General Counsel
 500 Plaza Drive
 Secaucus, NJ 07094

Your notice must include Your name, mailing address, and email address associated with Your use of the Site, and state that You do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Company receives Your opt-out notice, so You may wish to send it by a means that provides for a delivery receipt. If You opt out of these provisions, Company will not be bound by them with respect to disputes with You.

30. Equitable Relief. You and We acknowledge and agree that a breach or threatened breach of these Quest Consumer Inc. Terms and Conditions of Service would cause irreparable and immediate harm to the other party for which monetary damages would not be an adequate remedy. It is accordingly agreed that in addition to any other remedy to which You or We may be entitled at law or in equity, such party will be entitled, without notice or bond, to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction.

31. Force Majeure. You nor We shall be liable or responsible to each other, or be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any respective term of these Terms and Conditions(except for Your obligation to make payments to Us hereunder), where such failure has been caused by any event, foreseen or unforeseen, outside the reasonable control of the party who had the duty to perform and that renders performance impossible or impracticable, including but not limited to: acts of God; acts of government; natural disasters such as floods, earthquakes and severe weather events such as hurricanes; international or national hostilities, including acts of war (declared or undeclared), insurrection, terrorism, mass casualty events or other intentional violent actions; public health emergencies; fire; power failure; cyberattack or ransomware attack; strike; lockout; riot; civil unrest, inevitable accident, inability to procure labor or materials; or any other event, like or unlike those listed above (collectively, “Force Majeure Event”) not within Your or Our reasonable control, but only to the extent prevented by the Force Majeure Event.

These Terms and Conditions are effective unless and until modified as noted above, or terminated, at any time, by Quest Consumer. If, in the sole discretion of Quest Consumer, You fail to comply with these Terms and Conditions, Quest Consumer may terminate these Terms and Conditions without notice and deny You access to the Site.

32. Headquarters. Quest Consumer is headquartered in Secaucus, New Jersey, in the United States of America.

 Corporate Headquarters
 Quest Consumer Inc.
 500 Plaza Drive
 Secaucus, NJ 07094
 1-844-738-3787