Hereditary Cancer and Heart Disease Risk Testing Terms of Service
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If you are an individual requesting the Test for yourself, Color recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about the treatment, mitigation, or prevention of any genetic condition, or how your genes may impact how your body processes certain medications. Color’s clinical Tests can only be ordered by an authorized healthcare provider. You understand and agree that the Test is an informational test and not a diagnostic test, and that Results are intended solely for use by a healthcare provider. You should not make medical decisions or changes to medications or dosages without consulting a healthcare provider. Color does not provide medical services, diagnosis, treatment, or advice. Nothing contained in the Results or made available through the Service(s) (e.g., consults with Color’s genetic counselors or clinical pharmacists) 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 the Test or through the Site or Service 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.
If you are a healthcare provider obtaining a patient sample or submitting an order for your patient, you represent and warrant that: (i) you 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; (iii) you have obtained consent from your patient to share patient health information with Color, as required under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and any other applicable data privacy requirements; (iv) you have confirmed that your patient has signed or will sign the Informed Consent, either in paper form or upon activating their Test Kit through the Site; 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).
If you are an individual providing a biological sample yourself, please create an account and activate your Test Kit to associate your sample with your account. If you are a healthcare provider ordering a clinical Test or obtaining a patient sample and providing it to Color on your patient’s behalf, you may either create an account or submit the sample directly as instructed by Color. During the account creation process, you may be required to provide us with some information about yourself (such as your email address or other contact information), or if you are a healthcare provider, about the individual for whom the Test is intended to be used. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. Individuals setting up an account for themselves will be asked to create a password. You are 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, genetic counselors, or clinical pharmacists, we may ask you to confirm certain PII (as that term is defined below) to verify your identity and help keep your account 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). 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 your account from a public or shared computer, you should exercise caution to ensure your account information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly change your login information and notify us at firstname.lastname@example.org.
Color reserves the right, in its sole discretion, to refuse to process your sample, terminate your account, 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 Test, for example, by misrepresenting information you share with it or providing another person’s sample and not correctly identifying the source of the sample, Color may refuse to process your sample, terminate your account, and/or prohibit your 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 (e.g. Color Discovery). 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.
Color Data: Color makes available a research database that is comprised of anonymized, aggregated genomic and phenotypic information from Color clients who have consented to the use of their de-identified information in Color’s research database. It is intended for research use only, and any use for commercial or other non-research purposes is prohibited. To protect participating clients’ identities, information is de-identified in compliance with the HIPAA Privacy Rule. Anyone accessing Color’s research database is strictly prohibited from attempting to re-identify individuals whose information is included. All queries and associated source IPs are logged, and Color will take appropriate remedial action if we discover or reasonably suspect non-compliance with these Service Terms.
Discovery: Color Discovery is based on developing science that may change over time. It will not tell you definitively if you have certain traits or sensitivities or the origin of your ancestry, and it is not intended for clinical use.
Medication Response Genetic Test: Color’s Medication Response Genetic Test analyzes clinically relevant variations (genotypes, alleles, or diplotypes) within 14 genes associated with with how the body processes certain prescribed medications. Depending on when your Medication Response Genetic Test is ordered, your Results for this Test may be provided to you on a rolling basis over a six (6) month period. As of the date of these Terms, Results that are reported will include an analysis of 2 genes. Results that are reported for the remaining twelve (12) genes covered by this Test will be available within 6 months from the date of these Terms. Please visit www.color.com/learn/color-genes for the most up to date list of included variations.
Important note for Color’s Medication Response Genetic Test: Genetics alone do not determine whether a medication is appropriate. Do not change or stop taking any medicine based on a genetic test report without consulting your healthcare provider. This test is not intended to inform you about your current state of health, including whether or not you should take a medication or how much you should take. This test does not diagnose any health conditions and is not a substitute for visiting your healthcare provider. Discuss the results of the genetic test with your healthcare provider, including whether the medication label includes information on how to use genetic information to determine dosage. Medicine should always be taken as prescribed by your healthcare provider.
Color as a Business Associate: If your health system has provided or paid for (in whole or in part) your Test, please be aware that Color may be acting as a Business Associate to your health system and may provide your Results and PFHI (defined below) to your health system. Further, Color may provide your health system with other data it has collected or sequenced, and related analyses, for your health system’s use for treatment, billing, healthcare operations, data analytics, or other purposes for which your health system has agreed to comply with applicable laws. If you have any questions about this, please contact your health system to learn if this applies to you and for details. Color expressly disclaims any and all liability for your health system’s use of information that it represents it is authorized to receive, store, and use.
Data Files: In certain situations, Color may provide preliminary sequence or variant data files derived from samples Color sequenced. Such data can include signals of varying quality (including false positives) that must be addressed in downstream bioinformatic and confirmatory processes, and may include regions of incomplete coverage that can lead to false negatives. Unless expressly stated otherwise in connection with Color’s transfer of such files to you, raw data files are not validated and cannot be relied on for any clinical, therapeutic, diagnostic, or preventative purposes. Accordingly, you acknowledge and agree that you will be solely responsible for any use you make of such raw data (including any use by a third party resulting from your transfer of such data), and Color expressly disclaims any liability arising from your use or transfer thereof.
To receive the Services, you must provide a saliva or blood sample in accordance with Color’s collection procedures. Your sample and PII will be transferred to Color’s laboratory in California, USA, for processing. DNA will be extracted from the submitted sample and sequenced. Sequence data includes information about genes and regions relevant to the ordered Test, as well as other regions up to and including the entire genome. Because saliva samples frequently include DNA from other sources (e.g., bacteria, food), Color may also sequence and collect information about this DNA if present. Your sample (until such time it is destroyed), and all sequence data may be used for regulatory compliance and individual sample quality control, and de-identified and used to support our laboratory operations with internal quality control, laboratory validation studies, and internal research and development purposes. Analysis and reporting on genes and regions beyond those relevant to the ordered Test will not occur unless you consent to future products or services (e.g. Color Discovery), or unless you opt into third party research and Color’s research database. Only high-quality variant calls within the reportable range of an ordered Test will be considered part of the “designated record set” as that term is used in HIPAA. In addition, the “designated record set” includes the Test order, the ordered Test report, your billing, payment, and enrollment records, notes of your or your physician’s discussions (if any) with a Color genetic counselor or clinical pharmacist, and any information you or your healthcare provider provided to Color in connection with your ordered Test, for example, your PFHI (defined below). For clarity, the “designated record set” does not generally include genetic data that has not been analyzed as part of the physician ordered Test.
One of Color’s Services is the Shared Family History Program. If you choose to use this Service, you will be asked to share your Personal and Family Health Information (“PFHI”) — a subset of the PII you provide to Color — with certain of your relatives. Another Color Service is the Family Testing Program (“FTP”), through which biological parents, brothers, sisters, and adult children of individuals who have tested positive for a genetic mutation covered by Color that is associated with hereditary cancer or hereditary heart conditions may apply to receive a Test at a discounted price. When applying for the FTP, you’lI be asked to submit genetic testing results about your relatives to Color. By sharing your PFHI or other personal or genetic testing information about your relatives (living and/or deceased), you (a) represent and warrant that you have obtained the express consent of your living relatives to submit their personal and medical information or reports, (b) waive any claims for privacy or data protection with respect to any and all such information and reports disclosed to Color, and (c) agree to defend, indemnify, and hold harmless Color for any claims for privacy or data protection related to any and all such information. If you apply for the FTP, you acknowledge and agree that Color may, as part of its testing and quality control process, determine the relatedness between you and the individual submitted to receive a discounted Test as part of the FTP. Color reserves the right, at all times, to deny your or the submitted individual’s eligibility for the FTP.
Clients who live outside of the US in certain jurisdictions may have the option of requesting that their personal information be accessed, updated, and/or removed at any time from our active databases, subject to the applicable laws and regulations of such jurisdictions. Such clients may also have the right to object to Color’s processing of their personal information and/or request that Color provide their personal information to another third party. Color may require that such request be provided in writing subject to applicable laws and regulations with respect to transfer of medical information. If you would like to access, update, object to processing, request provision to a third party, and/or request removal from Color’s active databases of your personal information, please contact email@example.com. Any such requests will be honored within one month. If you believe Color’s processing of your personal information is inappropriate, you have the right to lodge a complaint with a supervisory authority or contact Color’s Privacy Officer at firstname.lastname@example.org.
You may be required to pay a fee to receive the 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.
Color’s clinical Tests are physician-ordered. In the event that your ordering physician decides that the requested testing is not appropriate for you, you will receive a full refund. If you decide that you no longer want the Services, please contact us immediately. If you have selected the self-pay option, we will be unable to process a refund if more than 30 days has passed since the Test was purchased, or if our lab has received your sample. 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 shipped to you.
Please return your saliva sample as soon as possible, but in no event later than twelve (12) months after you receive your Test Kit. A timely return will help ensure that your sample is received before the expiration date of the saliva collection tube and that the Results will reflect up-to-date PFHI that you provided. Your failure to timely provide a sample may result in the expiration of the Test Kit or any of its components. In such case, we would require a new sample for processing, and you may incur a replacement kit fee, plus shipping and handling fees.
On rare occasions, Color may be unable to process your sample either because of an issue with the sample you submitted or due to an issue at our lab. If this occurs, we will, at our sole discretion, either (a) attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) send you one additional Test Kit so that you may submit another sample for our lab to process. In either a or b, there will be no charge to you. If you submit a second sample and it still cannot be processed, please contact email@example.com to discuss your options.
If you require a replacement kit for any other reason, please contact firstname.lastname@example.org to receive assistance regarding a replacement kit, and to determine whether replacement fees apply given your particular situation.
If you have insurance coverage and elect to submit the Test for reimbursement, by agreeing to these Terms of Service, you authorize Color to share your contact, insurance enrollment, and testing information with your designated insurance carrier. You also authorize benefits to be payable to Color Health, Inc. In the event that Color determines that the self-pay price of your selected Test is the lowest estimated payment option, Color will invoice you directly for such self-pay price unless you contact us and instruct us to bill your insurance provider instead. If insurance payment is sent to you, you agree to endorse and forward the payment to Color Health, Inc. within thirty (30) days. In the event a claim is denied, you authorize Color and/or its agents to appeal on your behalf, any decisions made by the carrier. You also understand that you are responsible for any co-pays, deductibles, and co-insurance, and any amounts not paid by insurance for reasons including, but not limited to, non-covered and non-authorized services. If you or your physician has selected the self-pay option, you accept full financial responsibility for payment associated with the Test. Color does not guarantee that the fees we charge for our Services will be reimbursed by any insurance provider. You agree that you will not seek reimbursement of the Services from any federal or state health care program or provider (e.g., Medicare, Medicaid, Tricare, etc.) in violation of applicable federal and state laws, rules, or regulations.
From time to time, Color may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each, a “Promotional Offer”). Such Promotional Offers are only available to US residents and are void where prohibited. Unless otherwise expressly stated by Color, Promotional Offers may not be combined and may not be resold, forwarded or otherwise transferred to any third party other than the intended recipient, and may not be applied to Services or Tests paid for by insurance (private or government reimbursed). Color reserves the right to modify or discontinue Promotional Offers at any time, or to deny Promotional Offers used in breach of the Terms. If a Promotional Offer is provided to a recipient who is not eligible to receive or use a Test or Test Kit, the Promotional Offer will be null and void. Color is not responsible if any Promotional Offer is lost, stolen, or destroyed, or if a Promotional Offer is used without the intended recipient’s permission. Color also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of the Terms, or any applicable law, rule, or regulation.
IN THE EVENT A PROMOTIONAL OFFER IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND COLOR’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT PROMOTIONAL OFFER. 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 USE OF A PROMOTIONAL OFFER, OR YOUR INABILITY TO USE A PROMOTIONAL OFFER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COLOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
When you redeem a Promotional Offer, 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 related to your use or receipt of a Promotional Offer. Color reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. Promotional Offers shall expire at the conclusion of the promotional period associated with such Promotional Offer. If no such period is specified, then such Promotional Offer shall expire twelve (12) months after its first offering or availability.
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, 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. Test Kits may not be resold, distributed, transferred, or used for any purpose other than for the performance of the Test(s), without the express prior written permission of Color. Color reserves the right to reject and/or deny Tests on any samples submitted using Test Kits that are in breach of these Terms of Service. 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.
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. Exempt from subsection (b) herein is content from PharmGKB that is included in the Medication Management Genetic Test Results which is licensed under and subject to the Creative Commons Attribution-ShareALike 4.0 license.
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.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COLOR ENTITIES 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, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, 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 GENETIC COUNSELORS OR CLINICAL PHARMACISTS) WILL CREATE ANY WARRANTY REGARDING THE COLOR ENTITIES 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. BY USING THE SERVICES, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, OR CHANGE ANY OF YOUR MEDICATIONS OR DOSAGES, WITHOUT CONSULTING WITH A PHYSICIAN.
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 OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, 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. 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 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.
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 Test report based on any such changes. This may result in a change in your 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.
15.1 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.
15.2 Exceptions. Notwithstanding subsection 15.1, 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.
15.3 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.
15.4 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.
15.5 Enforceability. If the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 17 shall govern any action arising out of or related to these Terms.
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.
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Color is committed to protecting your privacy. Details about Color’s policies and procedures governing privacy can be found at www.color.com/privacy-policy, and information specific to medical information, including patient rights regarding such information as provided under HIPAA, can be found here. You may also request copies of these policies by e-mailing firstname.lastname@example.org.
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 email@example.com 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.
Version date: March 1, 2019