Hereditary Cancer and Heart Disease Risk Testing Terms of Service

Are you receiving COVID-19 testing through your school, employer, university, public health department, or another organization? Please click here to view the terms of service for COVID-19 testing.

Welcome and thank you for your interest in Color Health, Inc. (f/k/a Color Genomics, Inc., hereinafter referred to as “Color”). Color performs certain genetic testing services (a “Test” or the “Tests”), which may include, for example: the clinical assessment of your risk for certain hereditary conditions; the analysis of certain genes that may impact how your body processes certain medications; or the provision of non-clinical genetic information beyond health risks through our Color Discovery service. Your acceptance and use of the Color sample collection kit (“Test Kit”), purchasing of one or more Tests, consultation with a genetic counselor or clinical pharmacist, use of any other services or customer support provided by or on behalf of Color, acceptance or viewing of the Test result report (“Results”) (collectively, the “Service(s)”), as well as the use of the Color website (“Site”), are governed by the following terms and conditions (“Terms of Service”). Depending on the Service(s) you have selected, additional terms and conditions may apply. We will only perform a clinical Test if it has been ordered by an authorized healthcare provider, and we have received a properly completed order form and biological sample meeting our acceptance criteria. Your use of any Color Test is subject to your agreement to Color’s Informed Consent (“Informed Consent”) and Privacy Policy (“Privacy Policy”).

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICE(S) 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, INCLUDING OUR PRIVACY POLICY AND THE INFORMED CONSENT (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

1. Eligibility

You must be at least sixteen (16) years of age to access the Site. In general, you must be at least eighteen (18) years of age to submit a sample and use the Service. Certain Tests, however, may be performed for minors (individuals under eighteen (18) years of age) only if the minor’s parent or legal guardian provides consent for such Test. Tests that may be ordered for minors are specified in the Informed Consent (“Test Available for Minors“). By agreeing to these Terms, you represent and warrant to us that: (i) you are at least sixteen (16) years of age; (ii) if you provide a biological sample, you are either (1) at least eighteen (18) years of age, or (2) if you are under eighteen (18) years of age, you have purchased or had purchased on your behalf only a Test Available for Minors, and your parent or legal guardian has provided consent for such Test Available for Minors; (iii) your creation of a Color account and your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to the Informed Consent, Privacy Policy, these Terms of Service, and any other applicable Service Terms.

2. Ordering the Test; Medical Advice

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.

3. Healthcare Providers Acting on Behalf of Their Patients

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).

4. Accounts and Activation

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 support@color.com.

At any time, you may request that we deactivate your account by contacting Color at support@color.com. It may take us up to thirty (30) days from the date that we begin processing your request to deactivate your account. If you choose to deactivate your account, you will be unsubscribed from all marketing emails; your sample and PII will no longer be shared for research (if you have opted into such research or sample storage); and 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). Although Color can remove your information from its active databases, some or all of your information from deactivated accounts will remain in Color’s inactive database for compliance with legal, regulatory, and other requirements. 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.

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.

5. Additional Service Terms

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.

6. Information About Yourself and Your Relatives

When you create a Color account, we request certain personally identifiable information about you, including, but not limited to, your name, email address, physical address, telephone number, and certain medical, medication, and health related information (collectively, “PII“). Your PII will be used, handled, and stored by Color and its third-party vendors as set forth in the Informed Consent and Privacy Policy. While you are not required to provide your PII, certain PII is necessary for Color to provide the requested Services and failure to provide such information will make it impossible for you to use the Service. For example, the relevance, accuracy, and usefulness of the medication information provided in connection with the Medication Response Genetic Test depends, in part, on you providing us with up-to-date, complete, and accurate information concerning the medications you are taking. By activating your account and submitting your PII, you are agreeing that we may store and maintain it in connection with the Service. Color also uses third-party vendors to facilitate the requested Service. The storage and use of PII is necessary for Color to carry out our healthcare operations in providing the Services you’ve requested. Color will retain your PII for as long as is necessary to carry out the function for which the information is being used and to comply with applicable laws and regulations, and as set forth in the Informed Consent. By taking a Test, you specifically agree to allow your PII to be securely communicated to your ordering provider, any other provider you select, as well as Color’s genetic counselors and clinical pharmacists, in connection with our Service. If you want to review or amend information Color holds about you, you may modify (as applicable) your account settings or your health history information, or contact Color at support@color.com. Please note that any changes you make will be reflected in active user databases within a reasonable period of time.

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.

7. United States Data Privacy Regulations; International Clients

The Services are hosted and performed in the United States (“US”) and are subject to applicable US laws, rules, and regulations. You understand and agree that the Services and the Site may not be accessible or appropriate for use outside of the US. If you choose to use the Services and/or Site from regions outside of the US, then you do so at your own initiative, and by your use of the Services and/or Site you acknowledge and agree that: (a) you are transferring your personal information outside of those regions to the US for genetic analysis, storage, and processing as required for Color and its contractors to perform the Services; (b) the laws and regulations of the US shall govern your use of the Services and provision of your information (including, without limitation, the Health Insurance Portability and Accountability Act of 1996, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, each as amended), which laws and regulations may differ from those of your country of residence; (c) to the extent any local laws apply to your use, you will be responsible for compliance with such laws; and (d) access to the Services may not be legal by certain persons or in certain countries. Color may refuse to provide the Services on any of the foregoing bases. Color shall collect, process, use, store, transfer, and disclose your information as set forth in the Informed Consent and Privacy Policy which you should carefully review to understand and agree to all the ways that Color handles your information.

All of your information will be located and hosted on servers located in the US, but you acknowledge and agree that Color may transfer your data from the US to other countries or regions in connection with the activities and purposes set forth in the Informed Consent and Privacy Policy. By providing any information, including personal information, on or to the Services and/or Site, you consent to such use, transfer, storage, and processing. While there is no statutory or contractual requirement for you to provide this information, some of the information is necessary for Color to be able to provide the requested services. Failure to provide such information will make it impossible for you to use the Services. Color will retain your personal information for as long as is necessary to carry out the function for which the information is being used, as consented by you in the Informed Consent, and to comply with applicable laws and regulations. You further agree that by providing your sample, you are not violating any export ban or other legal restriction in the country of your residence.

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 support@color.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 privacy@color.com.

Please refer to Section 4 above to understand how requests to remove or halt processing of personal information are handled, and refer to the Privacy Policy for details on the information that Color collects, how it uses this information, how information is shared, how Color protects the information, and your choices regarding the same.

8. Self-Pay Payment, Refunds, and Test Kit Replacements

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 support@color.com to discuss your options.

If you require a replacement kit for any other reason, please contact support@color.com to receive assistance regarding a replacement kit, and to determine whether replacement fees apply given your particular situation.

9. Insurance Coverage

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.

10. Promotional Codes and Offers

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.

11. Limited Right to Use; Ownership; Proprietary Rights

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.

12. Indemnification

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.

13. Disclaimers; No Warranties

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.

14. Limitation of Liability; Waiver

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. Dispute Resolution and Arbitration

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.

16. Modification of the 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 of Use. 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.

17. General

These Terms, together with the Privacy PolicyInformed Consent, applicable Service Terms, and any other terms or agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Color regarding your use of and access to the Service and/or Site, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms, your use of the Site and Service, and your provision of your PII shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Color agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms will survive such termination or expiration, including Sections 11 through 15 and 17.

18. Contact Information

The services hereunder are offered by Color Health, Inc. You may contact us by emailing us at support@color.com.

19. Termination

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.

20. Third-Party Beneficiaries

Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party.

21. Use of “Open Source” Software

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.

22. Electronic Signatures

By using our Site or Services you consent to transact business with Color electronically.

23. Privacy Policy

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 support@color.com.

24. Our Commitment to Accessibility

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 support@color.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