Color Genomics Hereditary Cancer Test Gift Code Terms and Conditions

You do not need to purchase a Color Genomics Hereditary Cancer Test Gift Code ("Gift Code") to order a Color Genomics Hereditary Cancer Test ("Hereditary Cancer Test") for yourself. The purchase of a Gift Code is a way for a purchaser ("Purchaser") to purchase a Hereditary Cancer Test for an eligible recipient ("Recipient"). Gift Codes may only be applied towards the purchase of the Hereditary Cancer Test, and may not be applied to any other products or services offered by Color Genomics. The total price of a Gift Code is the current price of the Hereditary Cancer Test, plus a shipping and handling fee for the collection kit. See https://color.com/product/hereditary-cancer-genetic-test for current pricing and a detailed description of what is included with the Hereditary Cancer Test. Unless otherwise specified by Color Genomics, the shipping and handling fee will cover shipment of the collection kit to an address in the United States. If a shipping address outside of the United States is provided, the Recipient will be responsible and invoiced separately for any additional shipping costs. When you purchase a Gift Code, you may elect to deliver the Gift Code to the Recipient yourself, or you may elect to have Color Genomics send the Gift Code directly to the Recipient using the contact information you provide. Unless otherwise specified on our website, no additional fees apply to the use of Gift Code, other than the purchase price and the shipping and handling fee.

Gift Code Recipients will receive a redemption code ("Redemption Code") which may only be used once towards the purchase of one Hereditary Cancer Test provided by Color Genomics. Color Genomics will only perform the Hereditary Cancer Test for a Recipient if he or she agrees to Color Genomics’ Informed Consent and agrees to the terms and conditions as set forth in Color Genomics Terms of Service (see https://www.color.com/tos). If you purchase multiple Hereditary Cancer Tests, each Gift Code will only be applied to the purchase of one Hereditary Cancer Test, and you must pay for additional Hereditary Cancer Tests through the payment methods then available through the color.com website. A Gift Code covers the full price of a Hereditary Cancer Test, plus a shipping and handling fee for shipment of the collection kit to an address in the United States. If a shipping address outside of the United States is provided, the Recipient is responsible for paying the additional price difference between the shipping and handling fee for the United States and the foreign country, as specified by Color Genomics. If, at the time of redemption, the then-current price of a Hereditary Cancer Test is higher than the price paid for the Gift Code at the time of purchase, no additional payment is required. If, at the time of redemption, the then-current price of a Hereditary Cancer Test is lower than the price paid for a Gift Code at the time of purchase, no refunds will be given to either the Purchaser or the Recipient, and you agree that you will not seek any such refund or price adjustment. If you are a Gift Code Recipient and you use your Redemption Code to purchase a Hereditary Cancer Test, the associated results and analysis provided by Color Genomics will not be delivered to the Purchaser. Color Genomics reserves the right, at its discretion, to refund the purchase price of a Gift Code to the Purchaser if the Gift Code has not been redeemed by an eligible Recipient within six (6) months of purchase. Therefore, if you are a Recipient and you do not use your Redemption Code within six (6) months of the Purchaser’s purchase, and if Color Genomics exercises its right to refund the purchase price to Purchaser, then Purchaser will know that you did not utilize the Redemption Code. If you are a Recipient and you do utilize the Redemption Code (or transfer the Redemption Code to another individual who utilizes it), and if Purchaser subsequently requests a refund of the purchase price pursuant to the Color Genomics Terms of Service, then that refund request will be denied and Purchaser will know that the Redemption Code has been utilized.

Recipients must be eighteen (18) years of age or older. Color Genomics will only perform the Hereditary Cancer Test for a Recipient if he or she agrees to Color Genomics’ Informed Consent and the terms and conditions as set forth in Color Genomics’ Terms of Service (see https://www.color.com/tos). All specimens collected using Color’s collection kit are intended solely for use with Color Genomics’ genetic testing services, and will be transferred to Color Genomics’ laboratory located in California, USA. The results of Color Genomics’ genetic testing services, client support, and genetic counseling services are currently only available in English.

Gift Codes may only be applied towards the purchase of the Hereditary Cancer Test, and may not be applied to any other products or services offered by Color Genomics. A Gift Code may only be redeemed for the Hereditary Cancer Test as performed in the United States in compliance with US laws, rules, and regulations. If the Recipient is not domiciled in the United States, you acknowledge and agree that the laws and regulations of other countries regarding genetic testing and collection kits may differ significantly than those of the United States, and that you and the Recipient are solely responsible for compliance with such laws and regulations. Color Genomics cannot ship Color collection kits to certain states and countries. For information on the states and countries to which Color Genomics can and cannot ship Color collection kits, see Support. If a Gift Code is provided to a Recipient who is not eligible to receive or use a Hereditary Cancer Test or Color collection kit, the Gift Code may be transferred to a different Recipient who is eligible, or may be refunded at Color Genomics’ discretion. Gift Codes can be transferred from one Recipient to another eligible Recipient, but may not be reloaded, resold, or redeemed for cash, except as otherwise specified and to the extent required by law.

The risk of loss and title for Gift Codes passes to the Purchaser upon our delivery of the Gift Code to the Purchaser or designated Recipient, or Color Genomics’ delivery to the carrier, whichever is applicable. Color Genomics is not responsible if any Gift Code is lost, stolen, or destroyed, or if your Gift Code is used without your permission.

Color Genomics reserves the right to refuse to provide genetic testing services to any Recipient. Color Genomics also reserves the right to void Gift Codes and close customer accounts if it suspects that a Gift Code is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of these Terms, the Color Genomics Terms of Service, or any applicable law, rule, or regulation.

COLOR GENOMICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CODES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND COLOR GENOMICS’ SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CODE. IN NO EVENT WILL COLOR GENOMICS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF A GIFT CODE, OR YOUR INABILITY TO USE A GIFT CODE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COLOR GENOMICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU AND RECIPIENT ACKNOWLEDGE AND AGREE THAT THE COLOR TEST IS NOT A DIAGNOSTIC TEST, AND 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 OR RECIPIENT MAY OBTAIN THROUGH THE PERFORMANCE OF THE COLOR TEST. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR TRANSFER OF THE GIFT CODE.

You and Color Genomics agree that any and all disputes arising in connection with these Terms 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. This agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms, 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 Genomics 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 GENOMICS 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 Genomics, or persons employed or engaged by Color Genomics.

The Color Genomics Terms of Service (see https://www.color.com/tos) apply to the purchase and redemption of Gift Codes. When you purchase or redeem a Gift Code, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Color Genomics related to your purchase or use of a Gift Code. Color Genomics reserves the right to change these Terms from time to time in its discretion, or to end the Gift Code program at any time at its sole discretion. All terms and conditions in these Terms are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

Refunds for Gift Codes will not be given to Recipients. Subject to certain limitations, Purchasers may request a refund for a purchased Gift Code within 30 days of purchase by following the refund policyts found at https://color.com/tos. If the Color collection kit has already been shipped to the Recipient, but the lab has not yet processed Recipient’s sample, the Purchaser may receive a refund of the Gift Code purchase price, less US$25 and shipping and handling fees. Color Genomics will be unable to process a refund once its lab has received a sample and the sequencing has begun, even if the refund is requested within 30 days of the Gift Code purchase. Promotional Gift Codes, such as those given away or awarded without cost in connection with a promotional campaign, are not eligible for a refund.

Gift Codes and Redemption Codes do not expire. Color Genomics, however, reserves the right to refund the purchase price of a Gift Code to the Purchaser if the Gift Code has not been redeemed by an eligible Recipient within six (6) months of purchase. Gift Code Recipients are not eligible to receive a refund.