1. Notice of Privacy Practices and Privacy Policy. The Notice of Privacy Practices describes how we collect, use and share your healthcare information. The Privacy Policy describes how we collect, use and share your non-healthcare information. 
2. Telehealth Services. By using our Platform, you are agreeing to receive telehealth services from Color Medical, subject to the terms of our Consent for Healthcare Services. The Notice of Privacy Practices explains how protected health information about you is used. If you do not wish to receive telehealth services, please do not use the Platform. You may not record telehealth visits. 
3. Changes to these Terms or the Services. We may update these Terms from time to time by posting the updated Terms on the Site or the Platform. Using the Services after updated Terms are posted means you accept and agree to be bound by the updated Terms. If you do not agree to be bound by the Terms as they exist at the time you use the Services, you should not use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Additional Terms. We may provide certain services that are subject to additional terms (“Additional Terms”), and by using such services you agree to the applicable Additional Terms. Your interactions with other entities and third parties may also be subject to those other entities’ or third party’s terms. 
5. Accuracy of Information You Provide. You are solely responsible for the truthfulness and accuracy of all information you provide for yourself or other individual(s), and we disclaim any liability or injury resulting from any untruthful or inaccurate information you provide.
6. Who May Use the Services? 
   1. Ownership. The Services and all of its content, including interactive features and materials generated or offered through artificial intelligence or machine learning (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”) are owned and controlled by Color, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Color, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Color owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
   2. Legal authority. You represent that you have the legal authority to use the Services. If you are using the Services for another individual, you represent that you have the legal authority to use the Services or provide information to us on their behalf. 
      
      Color does not market to or permit individuals under the age of thirteen (13) years to use or access the Services without parental/guardian consent. You must be at least thirteen (13) years old to use the Services, unless specific laws in your state of residence require otherwise. Not all Services are available to individuals under the age of eighteen (18). Services available to individuals under eighteen (18) years of age require parental or guardian consent, unless otherwise permitted in the state where you receive Services. By agreeing to these Terms, you represent and warrant that you meet the requirements of this section, you have reviewed and agreed to Color’s Privacy Policy, and where applicable the Notice of Privacy Practices and agreed to the Healthcare Services Consent. 
   3. Screening for candidacy. Your eligibility to schedule and receive Services may depend on personal and screening information you provide. 
   4. Account based services. To access the Platform, you will need an account. You are responsible for providing accurate and complete account information and for keeping account information up to date. If you do not, we may suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your account.
   5. Jurisdiction. Color controls and operates the Services from the United States, and makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Services to any country, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
   6. Your Right to Use the Services and Content.Your right to use the Services and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Services and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Color Licensed Elements”):
      • Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
      • Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Services; 
      • Subject to any applicable additional terms, if the Services include a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more persons a communication that includes Content, or to post the Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact; 
      • Use any other functionality expressly provided by Color on or through the Services for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User Content (as defined below)) and any applicable Additional Terms.
   7. Rights of others. In using the Services, you must respect the Intellectual Property and rights of others and Color. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.
   8. Reservation of all rights not granted as to the Services and Content. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY COLOR AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of the Services and Content for any purpose is prohibited.
   9. Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other Third-Party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using other third-party tools. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services.
7. Healthcare Providers Acting on Behalf of Their Patients. If you are a healthcare provider submitting a Test order for your patient, you represent and warrant that: (i) you hold a valid and in force professional license and are authorized in your jurisdiction to order the Test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Test(s) and Service(s); (iii) you have obtained consent from your patient to share patient health information with Color, as required under HIPAA and applicable state law, and any other applicable data privacy requirements; (iv) you have confirmed that your patient has signed or will sign the applicable informed consent; and (v) you will notify Color of any changes in patient information and consent status (e.g., changes in consent regarding sample storage or participation in optional research).
8. Sample Processing. Failure to collect and timely return your specimen in strict compliance with the collection and shipping instructions and deadlines associated with a Test may result in delays or in the inability to return a test result. Color is not liable for any non-compliance with these instructions, or for delays or specimen loss due to shipping, transportation, weather or other uncontrollable events. For replacement testing, a new specimen may be required and you may incur a replacement test kit fee. 
9. Information Provided to Color by Third Parties. Color may provide or make available to you information it receives from a health system, employer health plan, or other sponsoring entity or other third party. Color takes no responsibility for the accuracy of any such information.
10. Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. 
11. Payment. Certain Services may require payment.
    1. General. If you are making a purchase directly from our website, and make a payment (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you using the Payment Information (as defined below) for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly required by law or in instances where Color cannot complete a Service for reasons within its control. All fees and applicable taxes, if any, are payable in United States dollars.
    2. Insurance. In many instances, your health plan or your employer’s benefit plan (“Plan”) will cover the cost of Services to you. Subject to the terms of any applicable written agreement with the Plan, you authorize us to bill and submit claims for the Services on your behalf and share necessary information with the Plan to receive payment. We may ask you to provide insurance information, including your insurer, ID number, RxBin number, and RxPCN number. By providing insurance information, you represent that such information is accurate, complete and current. Check your Plan terms for information about your coverage, and your requirement to pay for any portion of the Services, including but not limited to copays or coinsurance payments. You will be held responsible for any fees that your Plan does not cover.
12. Your Content.
    1. User Content. You may submit, store or share content with us, including but not limited to through our Site, or social media pages (“User Content”). User Content does not include health information shared on the Platform for purposes of receiving Healthcare Services. By submitting, storing or sharing your content, you represent and warrant that you have all rights, power, and authority necessary to submit, store or share the User Content. You will retain any ownership rights you have to the User Content, but when storing, sharing or submitting your content to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform and display your User Content in all media formats and channels now known or later developed anywhere in the world. You also agree that we may remove metadata associated with User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
       
       Except as otherwise described in our Privacy Policy, or any applicable Additional Terms, you agree that (a) your User Content will be treated as non-confidential and non-proprietary by us, regardless of whether you mark them “confidential,” “proprietary,” or the like, and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Color does not assume any obligation of any kind to you or any third-party with respect to your User Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms and any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your User Content is submitted at your own risk.
    2. Permissions to Your User Content. You hereby grant to Color a license to use any User Content to operate and provide the Services. In addition, to the extent you have made any User Content public, you hereby grant to Color a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, and distribute, any public User Content in connection with operating and providing the Services.
    3. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Color on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. Removal of User Content. Although we do not have an obligation to screen, edit, monitor or modify your content, we may, in our sole discretion remove or delete User Content at any time and for any reason or no reason at all. To the maximum extent permitted by law, you can request removal of your User Content by contacting privacy@color.com. In certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Color may be required to retain certain User Content in connection with our legal requirement to preserve health-related records.
    5. Monitoring User Content. Color is not obligated to monitor access to or use of the Services or to review or edit any content. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice in our sole discretion. 
13. Right to use Site and Platform. If you comply with these Terms, Color grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to access the Site and the Platform solely for your own personal non-commercial purposes (unless you are a commercial customer, in which case Color grants you the right to use the Site or Platform according to the terms of your applicable commercial agreement with Color). Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent any portion of the Services; (iii) reverse engineer, decompile or disassemble any portion of the Services; or (iv) make the functionality of the Site or Platform available to multiple users through any means. 
14. Service Emails, Text Messages, and Calls. If you provide your email address or cellular phone number to Color (either online or via text message) you hereby authorize Color, and its service providers, to communicate with you via email, phone call, and/or SMS/text message at the email or number provided, including through auto-dialed, auto-generated and/or pre-recorded messages in order to facilitate communication regarding your treatment and to provide you with timely health and care management information. Message and data rates may apply. You understand that such messages may include, without limitation, authentication codes for purposes of verifying your ownership of your mobile device and/or reminders about upcoming appointments. You understand that messages may include health information such as follow ups about screenings, treatments, appointments, referrals, care preferences, risk and adherence information, insurance information and collecting necessary health information to coordinate care. You may opt out of receiving phone calls, and/or texts by adjusting notification preferences in your Color account settings, by responding STOP or emailing privacy@color.com. Opting out of certain operational texts may limit features that rely on messaging. You further acknowledge and agree that communications sent via unencrypted email or via text messages over an open network are inherently not secure, and there is no assurance of confidentiality of information communicated in this manner.
15. General Prohibitions. You agree not to do any of the following:
    1. Resell, distribute, transfer, or use for any purpose other than performance of the Test(s), any Test sample collection kits, without Color’s express written consent;
    2. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    3. Use, display, mirror or frame the Services or any individual element within the Services, Color’s name, any Color trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Color’s express written consent; 
    4. Access, tamper with, or use non-public areas of the Services, Color’s computer systems, or the technical delivery systems of Color’s providers; 
    5. Without written authorization from Color, attempt to probe, scan or test the vulnerability of any Color system or network or breach any security or authentication measures; 
    6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Color or any of Color’s providers or any other third party (including another user) to protect the Services; 
    7. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Color or other generally available third-party web browsers; 
    8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 
    9. Use any meta tags or other hidden text or metadata utilizing a Color trademark, logo URL or product name without Color’s express written consent; 
    10. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
    11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; 
    12. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; 
    13. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
    14. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
    15. Impersonate or misrepresent your affiliation with any person or entity; 
    16. Violate any applicable law or regulation; or
    17. Encourage or enable any other individual to do any of the foregoing.

We reserve the right to reject and/or deny any requests for Services related to any samples or Tests submitted in breach of these Terms. 

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

16. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or other resources.
17. Termination.
    1. Termination, Survival. As permitted by applicable law, Color reserves the right, without limitation, to: discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Color under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Color, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Color in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration. 
       
       You may deactivate your Platform account at any time by sending us an email at support@color.com. If you had elected to have your samples shared for research, upon deactivation, they will no longer be shared for research. After deactivation, Color will not provide you with any of the Services going forward (including, without limitation, any results that have not yet been reported, or any updates or changes to your results). Please also note that information that has already been de-identified, anonymized, aggregated, published, and/or shared with third parties as set forth in the Privacy Policy prior to an account deactivation request may not be retrievable or traced back for destruction, deletion, or amendment. Our Notice of Privacy Practices explains how we use and disclose your healthcare information. 
18. Warranty Disclaimers.
    1. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,”, ON AN “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.
       
       To the fullest extent permissible by applicable law, Color and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Color Parties” and each a “Color Party”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Color Licensed Elements, User Content or other Color products or services, except as set forth in subsection (e) of this Section.
    2. TO THE GREATEST EXTENT ALLOWABLE BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES.
    3. YOU UNDERSTAND AND AGREE THAT COLOR IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR ANY PRODUCTS AND SERVICES PROVIDED BY OTHER INDIVIDUALS OR ENTITIES AS PART OF YOUR USE OF OUR SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY TESTS, VACCINE SERVICES, VACCINE ON-SITE SERVICES, HEALTHCARE SERVICES, TELEHEALTH SERVICES, USE OF OUR SITE OR PLATFORM, OR IN CONNECTION WITH ANY OF THE OTHER SERVICES, WHICH MAY INCLUDE TEST KIT COMPONENT MANUFACTURERS AND DISTRIBUTORS, THE VACCINE ITSELF, VACCINE MANUFACTURERS AND DISTRIBUTORS, TESTING AND VACCINATION OR CARE SITES, HEALTHCARE PROFESSIONALS, TELEHEALTH SERVICES, CLINICAL LABORATORIES, PHARMACIES, RELEVANT PUBLIC HEALTH AUTHORITIES, AND OTHER GOVERNMENTAL FUNCTIONS; YOU SHOULD REFER TO THE APPLICABLE POLICIES AND TERMS AND CONDITIONS FROM SUCH OTHER THIRD PARTIES FOR THEIR TERMS OF SERVICE AND POLICIES. 
    4. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, COLOR PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 
    5. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY COLOR PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY COLOR PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) COLOR PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY COLOR PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST COLOR PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
19. Indemnity. You will indemnify and hold Color and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
20. Limitation of Liability.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COLOR NOR ITS AFFILIATES, OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLOR OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
    2. COLOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR YOUR RECEIPT (OR INABILITY TO RECEIVE) SERVICES THROUGH THE PLATFORM TO THE EXTENT ALLOWABLE BY LAW, INCLUDING BUT NOT LIMITED TO RESPONSIBILITY FOR ANY DELAYS OR FAILURES CAUSED BY THIRD-PARTY NETWORKS, OR CARRIERS OUTSIDE OF COLOR’S REASONABLE CONTROL. 
    3. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL COLOR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF AMOUNTS YOU HAVE PAID TO COLOR FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100).
    4. YOUR TEST RESULTS ARE BASED ON CURRENTLY AVAILABLE INFORMATION IN THE MEDICAL LITERATURE AND SCIENTIFIC DATABASES, AS WELL AS LABORATORY INFORMATICS AND ALGORITHMS THAT MAY BE SUBJECT TO CHANGE. YOU UNDERSTAND AND AGREE THAT COLOR MAY, AT ITS SOLE DISCRETION, AMEND OR MODIFY YOUR TEST REPORT BASED ON ANY SUCH CHANGES. FOR EXAMPLE, THIS MAY RESULT IN A CHANGE IN YOUR GENETICS RISK ASSESSMENT; THE RECLASSIFICATION OF A VARIANT; A CHANGE OR UPDATE TO A PREVIOUSLY REPORTED PHARMACOGENOMIC GENOTYPE OR ALLELE; OR A RECLASSIFICATION OF A REPORTED DIPLOTYPE. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL CLAIMS AGAINST COLOR FOR ANY AMENDMENT OR MODIFICATION OF THE TEST REPORT IN ACCORDANCE WITH COLOR’S STANDARD OPERATING PROCEDURES.
    5. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLOR AND YOU.
21. Arbitration and Dispute Terms 
    1. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, Content, User Content, these Terms, or any applicable Additional Terms (collectively, “Dispute”) shall be in San Mateo County, California. Each party submits to personal jurisdiction and venue in San Mateo County, California for any and all purposes.
    2. Pre-Arbitration Notification. Color and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Color need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Color – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Color is making a claim, the letter shall be sent, via email, to the email address listed in your Color account on its Platform, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to Color Health, Inc., Attention: Legal Department, 831 Mitten Rd., Burlingame, CA U.S.A., 94010. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or Color, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the “Additional Procedures for Multiple Case Filing” section below) before the expiration of this sixty (60)-day period.
    3. Arbitration of Claims. This is an agreement to arbitrate under the Federal Arbitration Act and a waiver of the right to jury trial and to class action claims. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration, on an individual basis except as set forth in this subsection (c) under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in San Mateo, California, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between Color and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, and the matter shall be held remotely so that your access to arbitration is not precluded by location of the arbitration. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in San Mateo County, California or, if sought by Color, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the San Mateo County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
    4. Additional Procedures for Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands for Disputes of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations submitted or intended to be submitted to the arbitration provider (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources.
       
       If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) and any filing fees deadlines shall be tolled for your Dispute from the time that your Dispute becomes part of a Multiple Case Filing until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
       
       STAGE ONE: If at least 25 Disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other Dispute or demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider or any non-Bellwether Arbitration demands are deemed filed, the parties agree that the arbitration provider shall hold those demands in abeyance.
       
       Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining Disputes from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.
       
       
       STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (25 per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two).
       
       The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider or any non-Bellwether Arbitration demands are deemed filed, the parties agree that the arbitration provider shall hold those demands in abeyance.
       
       After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two).
       
       Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
       
       The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then, notwithstanding the severability clause, your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
       
       Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
    5. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY COLOR PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF ANY COLOR PARTY.
    6. Class Action Waiver.As permitted by applicable law, except as set forth in Section 21(d) above, both you and Color waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding, except as set forth in Section 21(d). Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 21 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
    7. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM OR FRAUDULENT INDUCEMENT THEREOF.
    8. Small Claims Matters. Notwithstanding the foregoing, either of us may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 21(f), and Section 22.
22. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Subject to the provisions of Section 21, the exclusive jurisdiction for all disputes will be the state and federal courts located in San Mateo County; provided, however, that an arbitration award may be enforced by any court with jurisdiction over the party against which the award is to be enforced. You and Color each waive any objection to jurisdiction and venue in such courts.
23. General Terms.
    1. Reservation of Rights. Color and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Color and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Color and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Color’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Color may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    3. Notices. Any notices or other communications provided by Color under these Terms will be given: (i) via email or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    4. Waiver of Rights. Color’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing, and signed by a duly authorized representative of Color. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    5. Severability, Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
    6. Investigations, Cooperation with Law Enforcement. As permitted by applicable law, Color reserves the right, without limitation, to: (i) investigate any suspected breaches of the Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Color in accordance with our Privacy Policy to the extent allowable under applicable law in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Color to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Color under these Terms or any applicable Additional Terms. 
24. Contact Information. If you have any questions about these Terms or the Services, please contact Color at privacy@color.com.