COVID-19 Terms of Service
Welcome and thank you for your interest in Color Health, Inc. (formerly known as Color Genomics, Inc., hereinafter referred to as “Color,” “we,” or “us”). The terms of service on this page (the “Covid-19 Terms of Service”) govern Color’s and its subcontractors’ performance of certain services (collectively, the “Service(s)”) and provision of certain products, which may include, without limitation:
- Molecular diagnostic testing to detect the presence of SARS-CoV-2 in biological specimens to assist in the diagnosis of coronavirus disease (COVID-19) (a “Covid-19 Molecular Test” or the “Covid-19 Molecular Tests”);
- Covid-19 Molecular Test specimen collection kit(s) (“Covid-19 Molecular Test Kit(s)”);
- Covid-19 vaccination services provided to you at a vaccination site, through your employer, state, city, or local government, in collaboration with our healthcare provider partners (“Vaccination Site Services”);
- Any Covid-19 test or vaccine-related services or customer support provided by or on behalf of Color; and/or
- Use of or access to the Color website (“Site”), including without limitation for Covid-19 testing and vaccination platform services (for example, acceptance or viewing of Covid-19 test result reports (“Results”) or vaccination records).
PLEASE READ THE FOLLOWING COVID-19 TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE(S), USING COLOR’S COVID-19 PRODUCTS, OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”) . IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE OR SUBJECT PRODUCTS.
A) Ordering the Covid-19 Test; Medical Advice
Color recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about COVID-19. Color’s Covid-19 Molecular Tests can only be ordered by an authorized healthcare provider. In addition, Covid-19 Molecular Testing will only be performed if all required information and a biological specimen meeting the performing lab’s acceptance criteria has been received. You understand and agree that the Color Covid-19 Molecular Test can tell you whether or not SARS-CoV-2 is detected in the specimen you submitted; however, it will not definitively tell you if you are or are not infected with COVID-19. Covid-19 test Results are intended for use by a healthcare provider who can review your symptoms (if any) along with your Results in deciding how to care for you. You should not make medical decisions without consulting a healthcare provider. Color’s Covid-19 testing Services do not include medical services, diagnosis, treatment, or advice. Nothing contained in the Results or made available through the Covid-19 testing Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between Color and you. The information provided by a Covid-19 test or through the Site or the Services is not a substitute for the advice of a personal physician or other qualified healthcare provider who can consider your Results in the context of broader medical management.
B) Healthcare Providers Acting on Behalf of Their Patients
Healthcare providers ordering a Covid-19 test or obtaining a patient specimen and providing it to Color on their patient’s behalf will be required to create a Color Provider account to associate patient orders and specimens with their order, manage testing, and view Results. Color Provider account users must agree to accept responsibility for all activities that occur under their Color Provider account and are responsible for providing accurate and up-to-date information. If you are a healthcare provider obtaining a patient specimen or submitting an order for your patient, you represent and warrant that: (i) you are authorized in your jurisdiction to order the Covid-19 test on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Covid-19 test(s) and Service; (iii) you have confirmed that your patient has provided informed consent; (iv) any patient Results that you access, view, or receive through your Color Provider account are patients for whom you have ordered a Covid-19 test; and (v) you will notify Color of any changes in your information or your patient’s information.
(C) ABOUT COVID-19 TESTING
(i) Processing Laboratory: Your biological specimen and PII (as that term is defined below) may be transferred to Color’s laboratory in California, USA, for processing. In certain circumstances, Color may be acting as a software interface, and your biological specimen and PII may be transferred to a third party laboratory that will be the processing laboratory performing the entire test. In this event, the receiving laboratory shall be identified in your Covid-19 test report and performance of your test will be subject to additional terms of that processing laboratory.
(ii) Emergency Use Authorization: Certain versions of the Covid-19 Molecular Test, as indicated on the applicable Test Request Form, have been authorized by the Food and Drug Administration (FDA) under an Emergency Use Authorization (EUA), but are not FDA cleared or approved. The Covid-19 Molecular Test has been validated in accordance with the FDA’s Guidance Document (Policy for Diagnostic Tests for Coronavirus Disease-2019 during the Public Health Emergency Immediately in Effect Guidance for Clinical Laboratories, Commercial Manufacturers, and Food and Drug Administration Staff Document) issued on March 16, 2020. Such versions of the Covid-19 Molecular Test are only authorized by FDA for the duration of the EUA, unless the authorization is terminated or revoked sooner. Other versions of the Covid-19 Molecular Test may be developed and offered as a laboratory developed test, validated under the Clinical Laboratory Improvement Amendments (“CLIA”), pursuant to applicable FDA regulations and guidances.
(iii) Molecular Testing: If you have received a Covid-19 test that is a molecular diagnostic test, you will receive one of the following potential Covid-19 test results:
- “Positive” indicates that SARS-CoV-2 (the virus that causes COVID-19) was detected in the submitted sample. It does not rule out bacterial infection or co-infection with other viruses.
- “Negative” indicates that the SARS-CoV-2 virus was not detected in the submitted sample. A Negative result does not preclude SARS-CoV-2 infection and should not be used as the sole basis for management decisions. Negative results must be correlated with clinical observations, personal history, and epidemiological information. COVID-19 virus may not be detected by the Test in early stages of infection when a person has no symptoms. Additionally, you must provide and return a specimen in accordance with the instructions for use, collection procedures, and shipping procedures (including timelines for specimen return) specified in your Covid-19 test kit and as otherwise instructed by your performing lab. if the sample is not properly collected, handled, or timely delivered to the testing laboratory, a false negative may result, which means that it is possible that no SARS-CoV-2 was detected in the sample, when it was present in your body.
- “Inconclusive” means that the generated test data was internally inconsistent. This can occur due to a problem with the sample provided or the Test itself. An inconclusive result does not eliminate the possibility that you carry the virus.
- “Specimen Unsatisfactory” means that the lab could not analyze your sample. If you receive this result, please contact Support to discuss resampling procedures.
(iv) Antigen or other Covid-19 testing: If you have received Covid-19 testing that is based on antigen or antibody testing, please refer to the Patient or Physician Fact Sheets for those tests for additional warnings, limitations, or information. These resources are commonly found on the manufacturer’s website.
(v) Pooled or other Covid-19 surveillance testing: Color also partners with third parties to provide non-laboratory Services related to Covid-19 testing, including surveillance testing (e.g., pooled testing) and individual, diagnostic testing. Surveillance testing for Covid-19 involves the testing of asymptomatic individuals who have no known exposures to infected individuals, with the intent to identify infected individuals before they develop symptoms so that appropriate measures can be taken to prevent further viral spread. Pooled testing is one method of surveillance testing. Pooled testing involves combining Samples from a number of people together in a batch, so that only one laboratory test is performed on the entire batch instead of one laboratory test for each Sample submitted. If you are receiving pooled testing through Color’s partnership with third parties, you should be aware that such testing has certain limitations. For example, it can detect if at least one person whose Sample that was combined in the batch was likely infected with SARS-CoV-2 at the time of testing, but it cannot detect which person(s). For that reason, surveillance programs using pooled testing may utilize reflex testing, which means they may request that people who submitted Samples in the positive pooled test follow up with individual, diagnostic testing to determine which individual(s) in the batch may be infected. Also, while a negative pooled test result typically means no one who submitted a Sample in that batch was infected with SARS-CoV-2, pooled tests dilute the Samples which could result is less viral genetic materials able to be detected by the testing laboratory, which can increase the likelihood for false negative results. Accordingly, individuals who are experiencing symptoms are advised to isolate and contact their healthcare provider even if they were part of a pooled test with a negative result. Please refer to the surveillance testing program information (separately provided or available to you through the program sponsor/school) for additional information, benefits and limitations, and terms and conditions regarding pooled testing and your program’s protocols.
(v) General: If you have symptoms of illness (such as fever, cough, and/or shortness of breath), you should discuss your symptoms and your Covid-19 test Results with your doctor who can decide how to care for you. In some cases, if the COVID-19 virus is found in your sample, the COVID-19 viral sample may be further tested, analyzed, or sequenced one or multiple times in conjunction with efforts relating to COVID-19, including for research, scientific, public health, or related purposes. The Color Covid-19 Molecular Test does not sequence or test your individual DNA. If a health system; state, county, or city government; employer; school or university; or other sponsoring entity has provided or paid for (in whole or in part) your Covid-19 test (the “Covid Sponsor”), please be aware that Color may provide your Results and PII to such Covid Sponsor or other entities involved in testing logistics, in compliance with applicable laws, rules, and regulations. If you have any questions about this, please contact your Covid Sponsor to learn if this applies to you and for details. Color expressly disclaims any and all liability for your Covid Sponsor’s use of information that it represents it is authorized to receive, store, and use. The CDC has provided useful information on how to protect yourself and others. The CDC has also provided information on when to seek medical attention. You can find this information at https://www.cdc.gov/coronavirus/2019-ncov.
D) Payment, Refunds, and Covid-19 Test Kit Replacements
You may be required to pay a fee to receive the Covid-19 testing Services. All fees are in US Dollars, and all payments will be processed by a US bank. If you pay with a credit or debit card, Color may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees. We may also engage third parties to assist us with billing and collection efforts. The purchase and sale of the Services shall be deemed to occur in California, US.
We can only issue a refund if you have selected the self-pay option and you either request a refund before the processing lab has received your specimen. If the Services can be refunded, you will receive a refund on the purchasing card, if applicable, less shipping and handling fees and a $25 cancellation fee to cover the cost of the Test Kit if the Test Kit has already been provided to you.
Your specimen should be sent to the performing lab as soon as possible. Failure to timely provide a specimen may result in specimen failure. In such case, we would require a new specimen for processing, and you may incur a replacement kit fee, plus shipping and handling fees.
On rare occasions, your specimen may not be processed due to an issue at the performing lab. In this case, we will require that you submit another specimen for the performing lab to process, at no charge to you. If you submit a second specimen and it still cannot be processed, please contact firstname.lastname@example.org to discuss your options.
If a replacement specimen is required for any other reason, please contact email@example.com to receive assistance regarding such replacement kit, and to determine whether replacement fees apply given your particular situation.
E) COVID-19 TEST INSTRUCTIONS AND DISCLAIMER
Color, your healthcare provider, the performing Covid-19 testing lab (if different from Color), or Color’s partners may provide you with instructions for use (IFU) of the Covid-19 test collection materials, in addition to supplemental collection and shipping instructions (either with the collection materials, as part of the online registration process, in follow-up communications, or in other web or printed content provided by or on behalf of Color) (collectively, “Collection and Shipping Instructions”). In order for the Covid-19 test to perform as intended, and for your Results to be timely provided, your specimen must comply with such Collection and Shipping Instructions. By using our Services, you acknowledge and agree that failure to collect and timely return your specimen in strict compliance with such Collection and Shipping Instructions to the processing lab may result in (1) specimen failure or loss; (2) failure to receive timely results; or (3) failure by your airline, destination, or applicable transportation authority to permit travel or entry. In such cases, Color hereby disclaims, and you hereby release and discharge Color from any and all liabilities directly or indirectly resulting from a failure to comply with Collection and Shipping Instructions. Color is not responsible for delays or specimen loss due to errors of shipping and transport vendors, or due to weather or other uncontrollable events.
Color’s Covid-19 vaccine platform services include (as applicable) eligibility screening; emergency use authorization (“EUA”) fact sheet distribution and other vaccine information to help recipients and caregivers make an informed decision about vaccination; vaccination registration and consent; appointment scheduling; and confirmation following receipt of vaccination (collectively, “Vaccine Platform Services” or “VPS”). Where applicable, reference to “Services” shall include VPS.
Additionally, at certain locations, Color may provide Vaccine On-Site Services, in collaboration with its healthcare partners. Vaccine On-Site Services may include the administration of vaccines to eligible individuals, and the monitoring and/or observation of eligible individuals post-administration for adverse reactions. Color’s healthcare partners providing Vaccine On-Site Services on behalf of Color may provide you with additional terms and conditions. If you have any questions about this, please contact firstname.lastname@example.org.
While Color’s Site provides scientific and medical expert educational information about the Covid-19 vaccines, you should make sure the vaccine provider or another qualified healthcare provider answers any questions you may have about the vaccine before you receive your injection. Covid-19 vaccines can only be ordered by an authorized healthcare provider. In addition, your eligibility to schedule and receive a Covid-19 vaccine will depend on your responses to certain screening and other personal information you provide. You are solely responsible for the truthfulness and accuracy of all information you provide through the Site for the VPS, and Color disclaims any liability or injury resulting from any untruthful or inaccurate information you provide. If you are using the VPS for the benefit of someone else, you represent that you have the legal authority or that individual’s express authorization for you to respond on their behalf. You understand that no vaccine will give you absolute protection against contracting Covid-19, and that, as with all vaccines, there are risks inherent to receiving the Covid-19 vaccine. It is important that you review carefully the EUA fact sheet distribution information and have all your questions answered before proceeding with vaccination.
After you receive your vaccine, Color will report information about your vaccination to the relevant state immunization registries and such other authorities as required by applicable law.
Color does not provide medical services, diagnosis, treatment, or advice; provided that certain Vaccine On-Site Services may qualify as treatment provided through Color’s healthcare partners. Except for applicable Vaccine On-Site Services provided through Color’s healthcare partners, nothing made available through Color’s Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between Color and you. The information provided through the Site is not a substitute for the advice of a qualified healthcare provider who can review your personal information and answer any questions you may have about the Covid-19 vaccine.
If a health system; state, county, or city government; employer; school or university; or other sponsoring entity has engaged Color for the VPS (the “Covid Vaccine Sponsor”), please be aware that Color may provide your PII to such Covid Sponsor or other entities involved in vaccination logistics, in compliance with applicable laws, rules, and regulations. If you have any questions about this, please contact your Covid Vaccine Sponsor to learn if this applies to you and for details. Color expressly disclaims any and all liability for your Covid Vaccine Sponsor’s use of information that it represents it is authorized to receive, store, and use.
As part of the VPS, Color may provide or make available certain information as provided by the Covid Vaccine Sponsor. Color takes no responsibility for the accuracy of any such information that is provided to it by third parties. For example, the VPS may provide an address for you to report to in order to receive your vaccine, whether vaccinations are occuring on-time or are delayed, which vaccine will be administered to you, etc. Color obtains this information from third parties, and while Color will use commercially reasonable efforts to require that such information be accurate or up to date, Color hereby disclaims any reliance on such information provided by third parties for any activities related to the vaccine administration, or the vaccine itself.
You may be asked to create a Color account to use the Services. In this event, you will be solely responsible for maintaining the confidentiality of your account and password. We will never request your password in a phone call, email, or chat. However, when you contact our customer support, we may ask you to confirm certain PII to verify your identity and help keep your personal and protected medical information secure. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). If you have a Color account, you agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access the Service (via your account or otherwise) from a public or shared computer, you should exercise caution to ensure your information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address, name, or identifying PII other than your own or without the express authorization of the data subject. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly notify us at email@example.com and, if you have a Color account, you should promptly change your login information.
By using the Services, you understand and agree that Color may send you text (SMS) messages at the cellular phone number you provide. These messages may include operational messages about your testing or vaccination appointments (if applicable), such as confirmations and reminders about the initial appointment, second appointment (for VPS), rescheduled appointment(s), and for Covid-19 testing Services, notification when your Results are ready. Most people receive fewer than 30 texts from Color per month. However, the more you interact with Color (e.g., if you frequently take Covid-19 Molecular Tests through Color or if you change your testing or vaccine appointment frequently), that will result in a higher number of text message notifications. You will still be able to use the Services without agreeing to receive operational text messages. To opt out of receiving text messages from Color, please email firstname.lastname@example.org with your opt out request along with the cell number receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while Color processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Standard message and data rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your phone carrier for details.
Color reserves the right, in its sole discretion, to refuse to process your specimen for Covid-19 testing, discontinue providing you with the Services, terminate your account (if you have one), and/or prohibit your access to the Site and/or the Services, at any time, for any reason or no reason, and without notice to you. If Color discovers that you are using the Services for non-personal or commercial purposes, or that you have provided false information related to a Covid-19 test or Covid Vaccine Platform Services, for example, by misrepresenting information you share with Color or providing another person’s specimen and not correctly identifying the source of the specimen, Color may refuse to process your specimen for Covid-19 testing, discontinue providing you with Color’s Services, terminate your account (if you have one), and/or prohibit your future access to the Site and/or the Services. Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.
Your use of the Services may be subject to additional terms, policies, rules or guidelines applicable to a particular Service. When you use such Service(s), you agree to be subject to such terms, policies, rules and guidelines applicable to that Service (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such Service Terms shall control.
COVID-19 has been designated a pandemic by the World Health Organization and is currently a public health crisis in the United States. The specimen you provide for Covid-19 testing will be tested as described above so that Color may share Results with you and, as applicable, the healthcare provider who ordered your Covid-19 test and applicable health authorities, in part, to prevent the potential spread of the virus to others. As explained in Section 3 above, information concerning Covid Vaccine Platform Services, for example, certain information about your vaccine and vaccination status, will be shared with state immunization registries and others in compliance with applicable law, rule, regulation, and order.
The California Department of Public Health (CDPH) and other federal, state, and local health authorities have required that Covid-19 test results be made available to health authorities for public health purposes. Results and related information may also be provided to Color’s contractors, the healthcare provider who ordered your Covid-19 test or requested Covid Vaccine Platform Services, the laboratory performing technical aspects of the Covid-19 test if not Color (as shall be specified in your Covid-19 test report), the CDPH and other federal (e.g., the Centers for Disease Control and Prevention), state, and local health authorities. By agreeing to these Covid-19 Terms of Service, you agree that your PII and Results will be made available to such parties, as set forth herein.
The Service is owned and operated by Color. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), bioinformatics pipeline, Covid-19 Molecular Test Kit, and all other elements of the Service (“Proprietary Materials”) provided by Color are protected by all relevant intellectual property and proprietary rights and applicable laws. All Proprietary Materials contained in the Service are the property of Color or Color’s third-party licensors. Except as expressly authorized by Color, you may not make use of the Proprietary Materials, and reverse engineering of the Proprietary Materials is strictly prohibited. Color reserves all rights to the Proprietary Materials not granted expressly in these Terms. Any references to or uses of third parties’ names and logos are the exclusive property of those parties.
Color grants you a limited, non-exclusive right and license to access and use the Site for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface, and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Color. This includes, without limitation, a prohibition against (a) publishing any logo or other proprietary graphic or trademark belonging to Color or any of its subsidiaries, affiliates, or other partners without our written consent, and (b) using any Color content including from Color’s Site or Result reports (or any portions thereof) for non-personal or commercial use without our written consent.
If you provide us with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Color may use such Feedback in any way and for any purpose, without compensation or acknowledgment.
You agree that you will be responsible for your use of the Site and the Service, and you agree to defend, indemnify and hold harmless Color and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “Color Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Site, Service, and Results; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation. Color reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Color’s defense of such claim.
By taking the Covid-19 Molecular Test, accessing the Site, using the Vaccine Platform Services, Vaccine On-Site Services, or any other Services, or otherwise indicating your assent to these Terms, you hereby release, discharge, and covenant not to sue Color, its subsidiaries and affiliates, and/or all of their present or former representatives, administrators, officers, employees, volunteers, agents, sponsors, directors, shareholders, partners, predecessors, successors, purchasers, and assigns, or any other persons whom you may claim to be responsible for any alleged damages (each considered a “Releasee”) from all liability, claims, demands, losses, or damages on your account caused or alleged to be caused in whole or in part by the actions of the Releasees, in negligence or otherwise, to the fullest extent permitted by law. You understand that you are giving up substantial rights by agreeing to these terms and have done so freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Furthermore, if any portion of this release is held to be invalid, the remainder of shall continue in full force and effect.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLOR SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND SITE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COLOR CANNOT PROVIDE TREATMENT FOR COVID-19 OR YOUR SYMPTOMS, AND YOU ARE AND WILL REMAIN RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL CARE. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN AND EXCEPT FOR CERTAIN VACCINE ON-SITE SERVICES PROVIDED THROUGH HEALTHCARE PROVIDERS COLLABORATING WITH COLOR, COLOR DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONSULTS WITH COLOR’S SUPPORT STAFF, GENETIC COUNSELORS, OR THIRD PARTY VENDORS) OR SITE WILL CREATE ANY WARRANTY REGARDING COLOR OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND SITE. BY USING THE SERVICES AND SITE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, WITHOUT CONSULTING WITH A HEALTHCARE PROVIDER.
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 THE COVID-19 TEST, COVID-19 VACCINE SERVICES, VACCINE ON-SITE SERVICES, OR IN CONNECTION WITH ANY OF THE OTHER SERVICES, WHICH MAY INCLUDE COVID-19 TEST COLLECTION KIT COMPONENT MANUFACTURERS AND DISTRIBUTORS, THE VACCINE ITSELF, COVID-19 VACCINE MANUFACTURERS AND DISTRIBUTORS, TESTING AND VACCINATION SITES, HEALTHCARE PROFESSIONALS, CLINICAL LABORATORIES, 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.
COLOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICE OR THE SITE, AND YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OR WITHIN COLOR’S CONTROL.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL COLOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, RELIANCE ON, OR USE OF, OR YOUR INABILITY TO ACCESS, RELY ON, OR USE, THE SERVICE, RESULTS OF THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SITE OR OBTAINED IN CONNECTION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COLOR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE TEST RESULTS AND COVID TEST SERVICES ARE INTENDED TO BE USED BY A HEALTHCARE PROVIDER FOR THE QUALITATIVE DETECTION OF SARS-COV-2 (SUBJECT TO THE METHODS AND LIMITATIONS OF THE TEST), AND YOU AGREE THAT YOU WILL NOT SOLELY RELY ON COLOR’S SERVICES, TEST RESULTS, OR INFORMATION OBTAINED FROM COLOR FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, A DETERMINATION THAT YOU ARE SAFE OR ABLE TO TRAVEL, ATTEND EVENTS, OR CONGREGATE WITH OTHER INDIVIDUALS. FURTHER, COLOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR YOUR RECEIPT (OR INABILITY TO RECEIVE) A VACCINATION THROUGH THE VACCINE PLATFORM SERVICES, OR THE ADMINISTRATION OF A VACCINE BY A THIRD PARTY OTHER THAN A HEALTHCARE PROVIDER COLLABORATING WITH COLOR AS PART OF THE VACCINE ON-SITE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COLOR TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID OR THAT WAS PAID FOR YOU FOR THE SERVICE GIVING RISE TO LIABILITY, OR (B) US$50. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
For Covid-19 Molecular Testing, your 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 Covid-19 Molecular Test report based on any such changes. This may result in a change in your Results. You hereby irrevocably waive any and all claims against Color for any amendment or modification of the Covid-19 Molecular Test report in accordance with Color’s standard operating procedures.
If you provide a Nasopharyngeal (NP) or Oropharyngeal (OP) specimen for Covid-19 testing, you understand that your specimen collection involves risks including mild pain or discomfort, a little gagging and/or a minor nosebleed, and in very rare situations, infection, serious injury, or death. By submitting a specimen, you expressly waive and release any and all claims against Color on account of pain, injury, or death arising from your specimen collection.
Color does not manufacture (and therefore takes no responsibility for) the Covid-19 vaccines themselves, it is important that anyone receiving Vaccine On-Site Services reviews the relevant vaccine manufacturer’s fact sheets for additional information including benefits, limitations, side effects, limits of an EUA, etc. Please view the fact sheet applicable to the vaccine you will be receiving:
- Pfizer Bio-NTech COVID-19 Vaccine EUA Fact Sheet for Recipients,
- Moderna COVID-19 Vaccine EUA Fact Sheet for Recipients,
- Janssen COVID-19 Vaccine EUA Fact Sheet for Recipients.
If you receive a vaccination through Color’s Vaccine On-Site Services, the most common side effects are pain, swelling, or itching at the injection site, sore muscles, feeling tired, or a mild fever.
By using the Services or accessing the Site, you also acknowledge and agree that certain of the Services provided herein may be subject to the Public Readiness and Emergency Preparedness Act (“PREP Act”), which may limit Color’s liability for the provision of any covered countermeasures to COVID-19.
11.1 Generally. You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, your use of the Service and/or Site, and your acceptance and use of the Results shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in San Mateo County, California. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Service, the Site, and the Results, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Color for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COLOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by Color, or persons employed or engaged by Color.
11.2 Exceptions. Notwithstanding subsection 11.1, Color and you agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
11.3 No Class Actions. YOU AND COLOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Color agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.4 Modifications. In the event that Color makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with Color shall be immediately terminated and this arbitration provision as in effect immediately prior to the amendments you reject shall survive.
11.5 Enforceability. If the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms.
Color reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service or on the Site, except as set forth below. These Terms will identify the date of last update. Your use of the Service and/or the Site following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, Color will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service and/or Site with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.
The services hereunder are offered by Color Health, Inc. You may contact us by emailing us at email@example.com.
These Terms shall continue to have full force and effect unless and until terminated by Color. Color may terminate, suspend, or restrict any provision of these Terms and the Service and/or Site at any time in its sole discretion and without notice to you.
Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.
From time-to-time, Color may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by Color, and that Color does not, simply by virtue of their use or integration into any Service or the Site, make any guarantees or warranties regarding their quality or authenticity.
By using our Site or Services you consent to transact business with Color electronically.
Color is committed to making our Site’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Support team at (844) 352-6567 or email firstname.lastname@example.org with “Disabled Access” in the subject line and provide (a) a description of the specific feature you feel is not fully accessible, or (b) a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our clients and our overall accessibility policies. Additionally, while we do not control vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.
For our CARES Act Section 3202 notice, please click here.
This document is written in the English language. In the event of any conflict in interpretation between the English version and any translation, the English version shall control.
Version date: March 26, 2021 This document is written in the English language. In the event of any conflict in interpretation between the English version and any translation, the English version shall control.