Agreement to these terms
These Terms of Service ("Terms") are a contract between you and Newera Aesthetics LLC, doing business as Newera Screening ("Newera," "we," "us"). They apply when you use this website, the free risk check, checkout, and any test, membership or service we provide (together, the "Services"). By using the Services or placing an order, you agree to these Terms, our Privacy Policy, our Consumer Health Data Privacy Policy and our Membership and Refund Policy. If you do not agree, do not use the Services.
The person who provides the blood sample must also agree to the Informed Consent before an independent physician reviews the order.
Who can use the Services
You must be at least 18 years old, live in a U.S. state where the Services are available (see State Availability), and give us accurate, complete information. If you order for another adult, you confirm that you are allowed to share their name, email and address with us, and you understand that they must complete their own eligibility check and consent. Ordering for a minor is not available.
What Newera Screening is, and is not
Newera Screening is a physician-ordered laboratory biomarker panel. It measures blood proteins and antigens that are associated with cancer in specific areas of the body and reports each value against its reference range.
- It does not diagnose cancer or any other condition, and it does not detect all cancers.
- Markers can be raised by conditions unrelated to cancer, and markers inside their reference range do not rule out cancer. False positive and false negative results occur.
- It has not been cleared or approved by the U.S. Food and Drug Administration. It is performed by a laboratory certified under the Clinical Laboratory Improvement Amendments (CLIA).
- It does not replace the routine cancer screenings your doctor recommends, such as mammograms, colonoscopies, Pap and HPV tests, or low-dose CT lung scans.
- It is intended for adults who do not have symptoms of cancer. If you have symptoms, see a doctor. It is not for emergencies: if you think you are having a medical emergency, call 911.
- Nothing on this website is medical advice.
Independent physicians and laboratories
Newera is not a healthcare provider and does not practice medicine. Every test is reviewed and ordered, or declined, by an independent, licensed physician through [GenieMD Medical Group], who makes their own medical decisions. If the physician declines your order, you receive a full refund. Testing is performed by [Partner Lab], a CLIA-certified laboratory. A licensed clinician contacts you about any marker outside its reference range. Your follow-up care is with your own healthcare provider, and you agree to discuss your results with one.
Orders, prices and payment
Prices are in U.S. dollars and may change; the price shown at checkout applies to your order. Sales tax is added where required. Payments are processed by Stripe, Inc.; we do not store your full card number.
- HSA and FSA cards are accepted. Whether a purchase qualifies depends on your plan, and you are responsible for confirming eligibility. We do not provide tax advice.
- If you choose to pay over time with Klarna or Affirm, that credit is provided by them or their lending partners under their own terms, not by Newera. See Payment Options and Disclosures.
- We may cancel an order, with a full refund, if the price shown was an error, if we cannot serve your state, or if we suspect fraud.
Memberships and automatic renewal
Memberships renew automatically. A membership is billed once a year, in advance, and renews automatically every year at the price shown at sign-up until you cancel. Each membership year includes one or two tests, as shown when you buy.
- Before each renewal we email you a reminder with the renewal date, the amount and how to cancel, [15 to 45] days in advance.
- If the renewal price will change, we tell you at least [30] days before the renewal, and you can cancel before it takes effect.
- A physician re-approves every kit or draw before it ships or is booked.
- You can cancel anytime online from Manage membership, by email at contact@neweraaesthetics.com, or by phone at +1 (404) 988-4132. Cancelling stops all future renewals; your current membership year continues until it ends.
- After you sign up we email you a confirmation that includes these terms and how to cancel.
- Refunds for memberships are covered in the Membership and Refund Policy.
Kits, collection and shipping
Follow the kit instructions exactly. We ship only to states we serve. If the laboratory cannot test your sample, for example because it is insufficient, damaged or arrives late, we send [one] replacement kit at no charge. Testing must take place within [12] months of purchase. For mobile draws, someone 18 or older with a valid photo ID must be present; rescheduling rules are in the Membership and Refund Policy.
Results
Results are delivered electronically, usually about [7 to 10] days after the laboratory receives your sample; timing is an estimate, not a guarantee. If a marker is outside its reference range, a clinician will try to reach you before your report is released. Keep your phone number and email current. If we cannot reach you after reasonable attempts, the report may be released to you.
The free risk check
The risk check is an educational survey. It lists published risk factors your answers match; it does not calculate your chance of getting cancer and it is not medical advice. Your answers stay in your browser unless you place an order, in which case they are sent to the reviewing physician.
Communications
By ordering, you agree that we and our partners may contact you by email, phone and text message about your order, your sample, appointments and results. Marketing messages are sent only with your separate consent. See the SMS Terms.
Acceptable use
Do not misuse the Services: no false information, no ordering in another person's name without permission, no interfering with the website, scraping, reverse engineering, or using the Services for any unlawful purpose.
Intellectual property
The website, its text, design, graphics and software belong to Newera or its licensors and are protected by law. You may use them only to use the Services for yourself.
Third-party services
Some parts of the Services are provided by others, including physicians and their telehealth platform, laboratories, phlebotomists, shipping carriers, Stripe, Klarna and Affirm. Their own terms and privacy policies apply to what they do, and we are not responsible for their acts.
Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that results will be error-free, that a test will find a particular condition, or that the website will be uninterrupted. Nothing in these Terms limits any right you have that cannot be limited by law.
Limitation of liability
To the fullest extent permitted by law, Newera will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from the Services. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the claim. Some states do not allow these limits, so they may not apply to you.
Indemnity
You agree to defend and indemnify Newera against claims arising from your breach of these Terms or your misuse of the Services, to the extent permitted by law.
Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing a claim, contact us and give us 30 days to try to resolve it informally. Any dispute that is not resolved will be brought in the state or federal courts located in Pinellas County, Florida, and you and Newera consent to their jurisdiction. [Counsel to decide whether to add an arbitration agreement and class action waiver, with an opt-out, in place of this paragraph.]
Changes to these terms
We may update these Terms. We post the new version here with a new effective date and, for material changes, notify you by email. Membership price changes follow the notice rules above.
General
These Terms, together with the policies they reference, are the entire agreement between you and Newera about the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may transfer them in connection with a merger or sale.
Contact
Newera Aesthetics LLC, doing business as Newera Screening
[Street address, St. Petersburg, FL ZIP]
Email: contact@neweraaesthetics.com
Phone: +1 (404) 988-4132