Terms of Service for Vaccination Services

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Welcome and thank you for your interest in Color Health, Inc. (hereinafter referred to as “Color,” “we,” or “us”). The terms of service on this page (the “Terms for Vaccination Services”) govern Color’s and its subcontractors’ performance of certain vaccination services (collectively, the “Service(s)”), which may include, without limitation: 

  • Use of or access to the Color website (“Site”); 
  • Color’s vaccine platform services including (as applicable) vaccine eligibility screening; vaccine-specific fact sheet distribution and other vaccine information to help recipients and caregivers make an informed decision about vaccination; vaccination registration and consent; appointment scheduling; and confirmation following receipt of vaccination (collectively, “Vaccine Platform Services” or “VPS”); and
  • Any vaccine-related services or customer support provided by or on behalf of Color.

Depending on the Service(s) you access, additional terms and conditions may apply. Your use of our Services is subject to your agreement to Color’s Privacy Policy (the “Privacy Policy”) and, where Color is the Covered Entity, the Notice of Privacy Practices (the “NPP”). Please note that unless expressly stated otherwise herein, these Terms for Vaccination Services only apply to those Services that are performed by Color (including Color’s subcontractors); they do not apply to products and services provided by other individuals or entities in connection with vaccinations, and other services, which may include the operation and administration of vaccination sites, and services performed by healthcare professionals, clinicians, vaccine manufacturers, relevant public health authorities, and other governmental functions. You should refer to the applicable policies and terms and conditions from such other third parties for their terms of service.

PLEASE READ THE FOLLOWING TERMS OF VACCINATION SERVICES CAREFULLY. BY ACCESSING AND USING THE SERVICE(S), OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE TERMS OF VACCINATION SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”) . IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

1. Eligibility

You must be at least thirteen (13) years of age to access the Site. In general, you must be at least eighteen (18) years of age to use the Services. Certain vaccines, however, may be performed for individuals under eighteen (18) years of age or the applicable age of majority in their state of residence (“Minor(s)”) only if (a) the Minor’s parent or legal guardian provides consent for such vaccine, or (b) under applicable law or regulation, the Minor may provide consent for themselves. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) if you are seeking a vaccination, you are either (1) at least eighteen (18) years of age, or (2) if you are a Minor, (x) your parent or legal guardian has provided consent for such vaccine for you, or (y) under applicable law or regulation, you may provide, and have actually provided, consent for yourself, and; (iii) your use of the Service is in compliance with any and all applicable laws and regulations; and (iv) you have reviewed and agree to Color’s Privacy Policy and, where applicable, the NPP, these Terms for Vaccination Services, and any other applicable Service Terms.

2. Services

A) Medical Advice

Color recommends that you speak with your physician or other qualified healthcare provider regarding any questions you may have about vaccinations. You should not make medical decisions, including whether or not a vaccine is appropriate for you, without consulting a healthcare provider. Color’s Services do not include medical services, diagnosis, treatment, or advice. Nothing made available through the Service(s) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to otherwise create a patient-healthcare provider relationship between Color and you. The information provided through the Site or the Services is not a substitute for the advice of a personal physician or other qualified healthcare provider. The CDC has provided useful information on vaccines, some of which Color summarizes on the Site; but this is not a substitute for medical advice from your physician. If you have any questions about whether a particular vaccine is right for you, you must consult your physician or ask the on-site clinician before the time of injection. If you are experiencing side effects from a vaccine, consult with your physician.  If you are experiencing a medical emergency, call 911.

 

B) Vaccine Sponsor

If a health system; state, county, or city government agency; employer; school or university; or other sponsoring entity has provided or paid for (in whole or in part) your vaccination (the “Vaccine Sponsor”), please be aware that Color may provide your PII (as that terms is defined below) to such Vaccine Sponsor or other entities involved in vaccination site or related logistics, in compliance with applicable laws, rules, and regulations. If you have any questions about this, please contact your Vaccine Sponsor to learn if this applies to you and for details. Color expressly disclaims any and all liability for your Vaccine Sponsor’s use of information that it represents it is authorized to receive, store, and use.

3. VACCINATION ON-SITE SERVICES AND VACCINE PLATFORM SERVICES (“VPS”)

At certain locations, Color may provide Vaccine On-Site Services, in collaboration with third party clinicians. Vaccine On-Site Services may include the administration of vaccines to eligible individuals, and the monitoring and/or observation of eligible individuals post-administration for adverse reactions. Vaccine On-Site Services clinicians may provide you with additional terms and conditions. If you have any questions about this, please contact support@color.com.

While Color’s Site provides scientific and medical expert educational information about vaccines, you should make sure the vaccine provider or another qualified healthcare provider answers any questions you may have about the vaccine before you receive your injection. Vaccines can only be ordered by an authorized healthcare provider. In addition, your eligibility to schedule and receive a vaccine will depend on your responses to certain screening and other personal information you provide. You are solely responsible for the truthfulness and accuracy of all information you provide through the Site for the VPS, and Color disclaims any liability or injury resulting from any untruthful or inaccurate information you provide. If you are using the VPS for the benefit of someone else, you represent that you have the legal authority or that individual’s express authorization for you to respond on their behalf. You understand that no vaccine will give you absolute protection against contracting a medical condition, virus, or disease, and that there are risks inherent to receiving a vaccine.  It is important that you review carefully information specific to each vaccine you intend to receive and that you have all your questions answered before proceeding with vaccination.

After you receive your vaccine, Color will report information about your vaccination to the relevant state immunization registries and such other authorities as required by applicable law. 

As part of the VPS, Color may provide or make available certain information as provided by the Vaccine Sponsor.  Color takes no responsibility for the accuracy of any such information that is provided to it by third parties. For example, the VPS may provide an address for you to report to in order to receive your vaccine, whether vaccinations are occuring on-time or are delayed, which vaccine will be administered to you, etc. Color obtains this information from third parties, and while Color will use commercially reasonable efforts to require that such information be accurate or up to date, Color hereby disclaims any reliance on such information provided by third parties for any activities related to the vaccine administration, or the vaccine itself.

4. Required Patient Information and Access

When using our Services, you will be required to provide us with some information about yourself. This information may include personally identifiable information, such as your email address, cellular number, or other contact information; or eligibility criteria or protected health information (“PHI”), which may be required by health authorities as part of the Services we provide (collectively, “PII”). You agree that all information you provide to Color is accurate and that you will keep it accurate and up-to-date. The completeness and accuracy of your PII is important for, among other things, public health agencies who may be requesting this information from Color to track and try to control the spread of infectious diseases and ensure vaccination is being administered and recorded in compliance with local, state, and US laws, rules, regulations, and orders. By submitting your PII, you are agreeing that we may store and maintain it in connection with the Services. Color also uses third-party vendors to facilitate certain requested Services. 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 Privacy Policy and, when Color is acting in its capacity as a Covered Entity, the NPP. If you want to review or amend PII Color holds about you, you may 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.

You may be asked to create a Color account to use the Services.  In this event, you will be solely responsible for maintaining the confidentiality of your account and password. We will never request your password in a phone call, email, or chat. However, when you contact our customer support, we may ask you to confirm certain PII  to verify your identity and help keep your personal and protected medical information secure. Please note that we cannot guarantee the security or privacy of information you send to us via the internet or wireless connection (for example, via email messages). If you have a Color account, you agree to accept responsibility for all activities that occur under your account or under your control. You will not permit or enable someone else to access the Services using your account username, password, or other security information. If you access the Service (via your account or otherwise) from a public or shared computer, you should exercise caution to ensure your information is not saved or retrievable on the shared device. You may not impersonate someone else or provide an email address, name, or identifying PII other than your own or without the express authorization of the data subject. If you have reason to believe that your account or information you shared with us is not secure, then you should promptly notify us at support@color.com and, if you have a Color account, you should promptly change your login information.

By using the Services, you understand and agree that Color may send you text (SMS) messages at the cellular phone number you provide. These messages may include operational messages about your vaccination appointments (if applicable), such as confirmations and reminders about your appointment(s), including rescheduling appointment(s). Most people receive fewer than 30 texts from Color per month. However, the more you interact with Color (e.g., if you frequently change your vaccine appointment), that will result in a higher number of text message notifications. You will still be able to use the Services without agreeing to receive operational text messages. To opt out of receiving text messages from Color, please email support@color.com with your opt out request along with the cell number receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while Color processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Standard message and data rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your phone carrier for details.

At any time, you may request that we discontinue using your information and, if applicable, deactivate your account, by contacting Color at support@color.com. Please note that it may take us up to thirty (30) days to process your request.  When your request is completely processed, you will be unsubscribed from all marketing emails, and Color will not provide you with any of the Services going forward. Although Color can remove your information from its active databases, some or all of your information 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 and NPP prior to a discontinuation or 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 discontinue providing you with the Services, terminate your account (if you have one), and/or prohibit your access to the Site and/or the Services, at any time, for any reason or no reason, and without notice to you. If Color discovers that you are using the Services for non-personal or commercial purposes, or that you have provided false information related to VPS, for example, by misrepresenting information you share with Color, Color may discontinue providing you with Color’s Services, terminate your account (if you have one), and/or prohibit your future access to the Site and/or the Services.  Any unauthorized use of the Site and/or the Service can lead to your prohibition from the Site and potential civil and/or criminal prosecution.

5. Additional Service Terms

Your use of the Services may be subject to additional terms, policies, rules or guidelines applicable to a particular Service. When you use such Service(s), you agree to be subject to such terms, policies, rules and guidelines applicable to that Service (“Service Terms”). If these Terms are inconsistent or conflict with those Service Terms, such Service Terms shall control.

6. Privacy

As explained in Section 3 above, information concerning VPS, for example, certain information about your vaccine and vaccination status, will be shared with state immunization registries and others in compliance with applicable law, rule, regulation, and order.

Vaccination status and related information may also be provided to Color’s contractors, the healthcare provider who ordered your vaccine(s), the clinicians administering your vaccine(s), and federal, state, and local government agencies (e.g., the Centers for Disease Control and Prevention and state or local public health authorities). By agreeing to these Terms for Vaccination Services, you agree that your PII will be made available to such parties, as set forth herein.

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 are not appropriate for use outside of the US. Color may refuse to provide the Services on any of the foregoing bases. Color shall collect, process, use, store, transfer, and disclose your PII, and any other information as set forth herein and the Privacy Policy and, when Color is acting in its capacity as a Covered Entity, the NPP, each of 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. Color will retain your information 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. 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 PII, please contact support@color.com. Any such requests will be honored within one month. Please refer to Section 4 above to understand how requests to disable, remove, or halt processing of PII are handled, and refer to the Privacy Policy and, where applicable, NPP 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.

7. 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), and all other elements of the Service (“Proprietary Materials”) provided by Color are protected by all relevant intellectual property and proprietary rights and applicable laws. All Proprietary Materials contained in the Service are the property of Color or Color’s third-party licensors. Except as expressly authorized by Color, you may not make use of the Proprietary Materials, and reverse engineering of the Proprietary Materials is strictly prohibited. Color reserves all rights to the Proprietary Materials not granted expressly in these Terms.  Any references to or uses of third parties’ names and logos are the exclusive property of those parties. 

Color grants you a limited, non-exclusive right and license to access and use the Site for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface, and contents, are covered by US copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Color. This includes, without limitation, a prohibition against (a) publishing any logo or other proprietary graphic or trademark belonging to Color or any of its subsidiaries, affiliates, or other partners without our written consent, and (b) using any Color content including from Color’s Site (or any portion thereof) for non-personal or commercial use without our written consent.   

If you provide us with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Color may use such Feedback in any way and for any purpose, without compensation or acknowledgment.

8. Indemnification and Release

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 and Services; or (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation. Color reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Color’s defense of such claim.

By accessing the Site, using the Vaccine Platform Services, Vaccine On-Site Services, or any other Services, or otherwise indicating your assent to these Terms, you hereby release, discharge, and covenant not to sue Color, its subsidiaries and affiliates, and/or all of their present or former representatives, administrators, officers, employees, volunteers, agents, sponsors, directors, shareholders, partners, predecessors, successors, purchasers, and assigns, or any other persons whom you may claim to be responsible for any alleged damages (each considered a “Releasee”) from all liability, claims, demands, losses, or damages on your account caused or alleged to be caused in whole or in part by the actions of the Releasees, in negligence or otherwise, to the fullest extent permitted by law. You understand that you are giving up substantial rights by agreeing to these terms and have done so freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Furthermore, if any portion of this release is held to be invalid, the remainder of shall continue in full force and effect.

9. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLOR SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND SITE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

COLOR IS NOT PROVIDING MEDICAL TREATMENT, AND YOU ARE AND WILL REMAIN RESPONSIBLE FOR SEEKING APPROPRIATE MEDICAL CARE. 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 SUPPORT STAFF OR THIRD PARTY VENDORS) OR SITE WILL CREATE ANY WARRANTY REGARDING  COLOR OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND SITE. BY USING THE SERVICES AND SITE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT TAKE ANY MEDICAL ACTION, OR FAIL TO TAKE ANY MEDICAL ACTION, WITHOUT CONSULTING WITH A HEALTHCARE PROVIDER.

YOU UNDERSTAND AND AGREE THAT COLOR IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR ANY PRODUCTS AND SERVICES PROVIDED BY OTHER INDIVIDUALS OR ENTITIES IN CONNECTION WITH THE SERVICES, WHICH MAY INCLUDE THE VACCINE ITSELF, VACCINE MANUFACTURERS AND DISTRIBUTORS, VACCINATION ON-SITE, HEALTHCARE PROFESSIONALS, CLINICIANS, RELEVANT PUBLIC HEALTH AUTHORITIES, AND OTHER GOVERNMENTAL FUNCTIONS; YOU SHOULD REFER TO THE APPLICABLE POLICIES AND TERMS AND CONDITIONS FROM SUCH OTHER THIRD PARTIES FOR THEIR TERMS OF SERVICE.

COLOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICE, VPS, 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.

10. 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, RELIANCE ON, OR USE OF, OR YOUR INABILITY TO ACCESS, RELY ON, OR USE, THE SERVICE, VPS, 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 YOU WILL NOT SOLELY RELY ON COLOR’S SERVICES OR INFORMATION OBTAINED FROM COLOR FOR ANY PURPOSE. FURTHER, COLOR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR YOUR RECEIPT (OR INABILITY TO RECEIVE) A VACCINATION THROUGH THE VACCINE PLATFORM SERVICES, OR THE ADMINISTRATION OF A VACCINE BY A THIRD PARTY. YOU AGREE THAT THE AGGREGATE LIABILITY OF COLOR TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE AND/OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID OR THAT WAS PAID FOR YOU FOR THE SERVICE GIVING RISE TO LIABILITY, OR (B) US$50. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

Color does not manufacture (and therefore takes no responsibility for) the vaccines themselves. It is important that anyone receiving a vaccine reviews the relevant vaccine manufacturer’s fact sheets and/or speaks to the administering clinician for additional information including benefits, limitations, side effects, limits of any vaccine before injection. If you receive a vaccination, the most common side effects may include pain, swelling, or itching at the injection site, sore muscles, feeling tired, or a mild fever. Speak to your vaccine clinician for more information about possible side effects of the vaccine you are going to receive. 

By using the Services or accessing the Site, you also acknowledge and agree that certain of the Services provided herein may be subject to the Public Readiness and Emergency Preparedness Act (“PREP Act”), which may limit Color’s liability for the provision of any covered countermeasures to COVID-19.

11. Dispute Resolution and Arbitration

11.1 Generally. You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, and your use of the Service, VPS, and/or Site, 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, and the Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Color for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COLOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and services provided to you by Color, or persons employed or engaged by Color.

11.2 Exceptions. Notwithstanding subsection 11.1, Color and you agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

11.3 No Class Actions. YOU AND COLOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Color agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

11.4 Modifications. In the event that Color makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with Color shall be immediately terminated and this arbitration provision as in effect immediately prior to the amendments you reject shall survive.

11.5 Enforceability. If the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms.

12. 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. 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.

13. General

These Terms, together with the Privacy Policy, if applicable, the NPP, 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, VPS, 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, VPS, 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 8 through 11 and 13.

14. Contact Information

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

15. 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, VPS, and/or Site at any time in its sole discretion and without notice to you.

16. Third-Party Beneficiaries

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

17. 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.

18. Electronic Signatures

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

19. 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.

For our CARES Act Section 3202 notice, please click here.

 

August 27, 2021 This document is written in the English language. In the event of any conflict in interpretation between the English version and any translation, the English version shall control.