Terms of Service — Vitagene, Inc.

The Terms of Service for persons associated with Schools who have contracted with 1health or for minors is here. The Terms of Service for everyone else is below.

Terms of Service – 1health.io, Inc.

PATIENT AUTHORIZATION AND INFORMED CONSENT AGREEMENT

Last Updated: May 21, 2021

By clicking on the box, you, as a registered user, (“you” or “User”)  are acknowledging  that you have read, understand, accepted and become legally bound to the terms and conditions set forth in this Terms of  Service – Patient Authorization and Informed Consent Agreement (the “Agreement”) between 1health.io, Inc. (fka Vitagene, Inc.) including 1health’s affiliates and authorized agents (“1health”), the Health Care Professional (as applicable), the Lab (as applicable), and you as a registered user of the online services of the websites located at [https://vitagene.com/ and https://1health.io/] and other websites controlled by 1health or its affiliates or partners (collectively, the “Site”).

You understand that 1health operates a digital telehealth platform that provides healthcare professionals and facilities, employers, universities, schools, and individuals a service to obtain certain health care services presented on the Site, including by not limited to (i)  Testing Kits for the collection of Samples, laboratory processing of the Testing Kit and Sample (when applicable), and  laboratory results (when applicable) through the creation of an account on the Site (“Testing Services”),  (ii) vaccine appointment scheduling, administration consent, and reporting (“Vaccine Services”), and (iii)  other Services as defined herein.

You understand that you must create or use your existing 1health account on the Site in order to obtain Services (“Account”).

This Agreement governs your use of the Testing Services, Vaccine Services, and any other Health Care Services, as applicable, including the Site, and explains how your information, Sample, and Testing Kit will be used after performance of the Testing Services, as applicable.  Your Sample will not be processed unless you confirm that you have read and understood the contents of this Agreement.  Capitalized terms used but not defined in this Agreement have the meaning given to them in our other policies (e.g., our Terms of Use and our Privacy Policy, Consent to Research and Notice of Privacy Practices, if applicable).

Definitions

  • Data” means all information collected or transmitted across the Site, including personally identifiable information (referred to as “PII” and defined below) and personal health information.
  • De-Identified Data” means Data that has removed or obscured all PII, including, but not limited to, any information that, alone or in combination, is linkable to a specific individual.
  • Health Care Services” means the health care services to be provided by your Health Care Professional.
  • Health Care Professional” means a licensed, accredited, or certified physician, advanced practice nurse, registered nurse or other licensed healthcare professional that is providing you with Health Care Services, described in Addendum B.
  • Lab” means one of 1health’s designated qualified clinical laboratory partners that will receive, process, and provide results of the Testing Kit and Sample, when applicable.
  • Sample” or “Specimen” means your human specimen or tissue collected using the Testing Kit for testing and analysis at a Lab, when applicable, and, where instructed to be necessary, collected under the supervision of a Health Care Professional.
  • Service” means the service(s) you selected on the Site and being provided to you by 1health, the Healthcare Professional, or the Lab, which may include Testing Services and Vaccine Services.
  • Sponsor” means an entity or organization that entered into a Testing Services Agreement with 1health.io to provide access to Testing Services to its designated customers, employees, students, contractors, and/or agents.
  • Testing Kit” means a Sample collection device for the specific test selected by User on the Site.  Some Testing Kits require processing by a Lab; others do not (e.g., rapid COVID-19 tests).

Eligibility Requirements and Acknowledgements

  • You are eighteen (18) years of age or older.
  • You have the legal right and ability to enter into this Agreement and receive or arrange for someone else to receive Services.
  • You are engaging 1health under your own name or the name of someone for whom you have the legal authorization to represent and will not misrepresent your identity or impersonate another person.
  • You are the person whose name and other information have been provided for the Account that you have created or are creating.
  • Where instructed by the Testing Kit to do so or as required by law, you have been evaluated by a Health Care Professional, who determined that the Service was clinically appropriate for you.
  • If the Testing Kit you selected requires processing by the Lab, you agree that all Samples that are sent to the Lab using the Testing Kit you receive shall be only Samples from you and no other person.
  • You have secure access to personal on-line and/or mobile technology that will enable you to exchange information and communicate with 1health in a confidential manner.
  • You are NOT experiencing a medical emergency and are not in need of immediate medical attention. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Your Responsibilities

  • You are responsible for providing accurate information and for updating any information you provide in your Account through the Site, including any requested health and medical information, location, demographic, contact information, verification of identification, or other information as determined necessary by 1health, in its sole discretion.
  • You are responsible for completing any required information through the Site, which may include waivers, consents or authorizations, as determined necessary by 1health, in its sole discretion.
  • You understand and agree that your failure to provide accurate and complete information or to execute required documents may result in your Sample(s) not being tested, a restriction of your Account and prohibition on you from receiving further Services through the Site or 1health.
  • You agree to follow all recommendations, protocols and other instructions provided by your Health Care Professional.  You understand that, if you decide or fail to follow any of these instructions, then you will be taking an action contrary to medical advice.
  • You agree to follow all Testing Kit instructions provided by 1health.  You understand that, failure to follow the instructions may result in your Sample not being tested.
  • If you selected a Testing Kit that requires processing by the Lab, you agree to IMMEDIATELY mail your completed Testing Kit and Sample to the designated Lab after you complete your self-collection.  Please note, the Lab is independent of 1health.  Do not mail the completed Testing Kit and Sample to 1health.
  • Failure to ship your Sample immediately may result in your Sample not being tested.
  • You agree to follow all Vaccine instructions.

Services

1health may provide the Services as set forth in the Exhibits attached hereto, which may be amended at any time and are provided in its sole discretion, and you agree to receive the Services, as selected by you on the Site, and as provided in the Exhibits, including the required consents and authorizations.

By clicking on the box, you are acknowledging you have read, understand, accepted and become legally bound to the terms of the Exhibits.

Privacy, Security, and Communication Use

  • 1health respects your privacy and takes privacy very seriously.  By accepting this Agreement, you consent to permit 1health to use and disclose your personally identifiable information (“PII”), including protected health information (“PHI”), provided to us as outlined in our Privacy Policy, and any applicable Notice of Privacy Practice, including the Notice of Privacy Practices of your Health Care Professional.
  • You understand that 1health is NOT a “covered entity” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”).  You understand that your Health Care Professional and the Lab are or may be “covered entities” that are subject to the provisions of HIPAA, so your health information provided to us by a Lab or your Health Care Professional may be subject to or protected by HIPAA.  You agree to authorize your Health Care Professional and the Lab to obtain access and use of your health information in accordance with the Authorization attached as Addendum A to this Agreement before we can process your Testing Kit.  You authorize us to provide this Authorization to your Health Care Professional and Lab and understand that the Health Care Professional and Lab may require you to execute additional documents authorizing their disclosure of your information.
  • You agree that by providing electronic contact information you expressly authorize 1health to communicate with you via email, text, telephone, video, chat or other electronic means determined appropriate by 1health.  You understand that such electronic communication is not a secure form of communication, and you accept the risk of loss and unauthorized access or disclosure of your PII, including PHI.

Use of Your Data and Sample  

  • All Data collected will be exclusively owned by 1health
  • After processing your Sample, neither 1health nor the Lab have any obligation or liability regarding the retention of your Sample.  Any remaining Sample shall become the sole property of 1health or the Lab, and 1health or the Lab may use the remaining Sample and Data in any manner permitted by law.
  • You understand and consent that by providing any Sample, having your Sample processed, or providing Data to 1health, you acquire no rights in any research or commercial products that may be developed by 1health or the Lab.  You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Sample or Data.

Password 

  • You may access your information on the Site only through the use of a password selected by you. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password.  You agree to prohibit anyone else from using your password and to immediately notify 1health of any unauthorized use of your password or other security concerns of which you become aware.

Fees for Services  

  • The fees for Services shall be the amount indicated on the Site during the registration process prior to your agreement to receive Services or the amount provided to you by your Sponsor, if applicable (“Service Fees”).
  • Unless an alternative arrangement applies, the cost for Services will be billed to your governmental or commercial third-party insurance coverage.  In the event your third-party coverage fails to pay the Service Fees for any reason, Sponsor agrees to pay 1health.io and/or Provider for the Service Fees, if applicable.   If there is no Sponsor for your Services, in the event your third-party coverage fails to pay the Service Fees for any reason, you agree to pay 1health.io and/or Provider for the Service Fees.
  • You must provide your third-party coverage information during the registration process, and you authorize 1health to confirm insurance coverage and forward your insurance information to the Lab, when applicable.  1health.io will notify you of any amount you are responsible for paying to cover co-pay, deductible, and coinsurance costs.  The Lab will send you a bill for that amount, when applicable.  The amounts of the fees for Services appearing on the Site are subject to change from time to time and may be different than the cost charged to you by your Healthcare Professional.
  • If you are responsible for paying the fees for Services, you will be required to complete the payment process on the Site prior to you receiving the Services.
  • All payments are final and no order may be cancelled once placed.
  • 1health does not currently accept payment from Medicare, Medicaid, TriCare or any commercial insurance.
  • If you are responsible for paying the fees for Services, 1health accepts various forms of electronic payment for the Services, including credit or debit card, pre-paid credit cards or health-savings accounts, as set forth on the Site subject to change from time to time.
  • 1health is subject to complex laws and regulations that are constantly evolving and vary from state to state.  Specific billing practices and service availability may be amended periodically to comply with changes in the law or guidance from plans and regulatory authorities.

Term and Termination

  • This Agreement shall commence on the date you click the box to become a User on the 1health Site.
  • 1health may terminate this Agreement and your right to receive the Services, through the Site, at any time, with or without cause.
  • This Agreement shall terminate without notice in the event you fail to comply with the terms and conditions of this Agreement.
  • 1health will retain any Data collected about you for as long as we are required to maintain it for any lawful purpose, including regulatory and compliance purposes, for a legal or business necessity, or for other commercial or research use.
  • In the event 1health terminates this Agreement without cause prior to providing You the results of the Testing Service, 1health will provide you a full refund of any payments you have made for THE Testing Services to 1health.

Disclaimer of Warranties

  • THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND OUR RESPECTIVE LICENSORS AND SERVICE PROFESSIONALS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND THE SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.  WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
  • WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROFESSIONALS, PARTNERS, AFFILIATES, OR HEALTH CARE PROFESSIONALS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT INCLUDED THEREON; (II) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, OUR (AND OUR SERVICE PROFESSIONAL S’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT WE ASSUME NO RESPONSIBILITY FOR ANY CONTENT YOU SUBMIT, UPLOAD, CREATE OR MAKE AVAILABLE THROUGH THE SITE.

Limitation of Liability; Indemnity

  • TO THE FULL EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL 1HEALTH, OR ITS AUTHORIZED AGENTS (EACH, A “1HEALTH PARTY” AND COLLECTIVELY, “1HEALTH PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH 1HEALTH PARTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF THE 1HEALTH PARTIES IN CONNECTION WITH THIS AGREEMENT, FOR ALL CLAIMS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM RELATED TO THE TESTING SERVICES OR VACCINE SERVICES PERFORMED BY ANY OF THE 1HEALTH PARTIES HEREUNDER OR YOUR USE THEREOF,), WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO 1HEALTH FOR THE SERVICES.  THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD EACH 1HEALTH PARTY, ITS SHAREHOLDERS, OWNERS, ADVISORS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS HARMLESS FROM ALL LIABILITIES, CLAIMS, EXPENSES ARISING FROM INJURY OR PERSONAL DAMAGE THAT (I) OCCURS WHILE YOU USE THE SITE, (II) ARISES FROM YOUR USE OF THE SERVICES, (III) ARISES FROM YOUR BREACH OF THIS AGREEMENT, (IV) ARISES FROM THE HEALTH CARE SERVICES PROVIDED BY A HEALTH CARE PROFESSIONAL, (V) ARISES FROM YOUR CHOICE AND USE OF PAYMENT METHOD IF YOU ARE RESPONSIBLE FOR PAYMENT OF THE SERVICES, OR (VI) ARISES FROM YOUR RECEIPT OF NOTICES OR INFORMATION AT YOUR CONTACT ADDRESS OR THROUGH THE USE OF EMAIL, TEXT OR OTHER ELECTRONIC COMMUNICATION.

Disputes

  • The terms of this Agreement, and any claim or dispute relating to or arising under this Agreement or in connection with your use of the Site (each a “Dispute”), are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, or any rules of private international law, that would lead to the applicable of any other laws.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action) by the American Arbitration Association (“AAA”).  If you are an individual access or using the Service in your individual capacity, the arbitration will be conducted pursuant to AAA’s Consumer Arbitration Rules, as amended by this Agreement.  The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer%20Rules.pdf.  If you are an Organization or an individual accessing or using the Site on behalf of, or for the benefit of, an Organization, the arbitration will be conducted pursuant to AAA’s Commercial Arbitration Rules, as amended by this Agreement.  The Commercial Arbitration Rules are available online at https://adr.org/sites/default/files/Commercial%20Rules.pdf.
  • If you are an individual accessing or using the Site in your individual capacity, (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are an Organization or an individual accessing or using the Site on behalf of, or for the benefit of, an Organization, the arbitrator will conduct hearings, if any, in-person in the County of San Francisco in the State of California, U.S.A.
  • The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.  The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  You agree that the federal and state courts located in the County of San Francisco in the State of California, U.S.A., will have such jurisdiction, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.  Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
  • This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
  • Class Action Waiver:  Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis.  Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
  • Limitation of Time to File Claims: Any action, claim or dispute you have against us must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Notice

  • 1health will generally communicate with you using the email address or telephone number you provided to 1health.  In some circumstances, we may communicate with you using the mailing address you provided to 1health. If you have a question or complaint regarding the Services, please send an e-mail to support@1health.io.  You may also contact us by writing to 388 Market Street Suite 1300 San Francisco, CA, US, 94111.  Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

General Provisions

  • Independent Contractors: The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended.  You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of 1health, any of our affiliates or service providers.
  • Entire Agreement: This Agreement, including the Exhibits, Addendums, and any other documents referenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.  If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.  The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.

Site © 2021 1HEALTH.IO, INC. unless otherwise noted. All rights reserved.

 

 

Exhibit A

Testing Services

1health may provide the following Services, solely in its own discretion, and as selected by you on the Site:

  • Where required by the Testing Kit, in 1health’s sole discretion or as required by law, following receipt of instructions from your Health Care Professional, 1health will provide, sell and/or deliver the Testing Kit you select on the Site to you.
  • 1health will provide a secure technology platform through the Site for you to register as a user, establish an Account, provide and update information, complete all necessary forms and documents, register your Testing Kit, and receive results of your test and other information.  If your Sample is not collected in full compliance with the instructions provided by 1health, including the supervision by a Health Care Professional where required by 1health or by applicable law, 1health is entitled to discontinue the Service, including instructing the Lab to not process your Testing Kit or to provide testing results.
  • Where permitted by law, 1health may provide you with telehealth technology to communicate with a Health Care Professional in connection with your receipt of the Testing Services, including to receive supervision on the collection of your Sample for the Testing Kit where required by 1health or applicable law.
  • For Testing Kits that require processing by the Lab, once received, our partner Lab will process the Sample for testing.
  • For Testing Kits that require processing by the Lab, the Lab will provide the results of your completed Testing Kit to 1health and your Health Care Professional for review and release to you.
  • In the event 1health or the Lab determines that a Sample is not suitable for testing due to: (i) the content of the Sample, (ii) because you did not ship the Sample immediately upon collection, or (iii) or because we believe the Sample to have been submitted in violation of this Agreement, we reserve the right to not process the Sample, withhold the results and to not refund the cost of the Testing Services.
  • 1health will own all Data.
  • 1health does not provide medical advice and will not provide any services for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Testing Services Acceptance/Informed Consent 

By clicking on the box, you are acknowledging you have read, understand, accepted and become legally bound to the terms of this Exhibit:

  • You agree to abide by the obligations in this Agreement.
  • You acknowledge and agree that you are making an informed decision to receive Testing Services from 1health through the Site and have been given all necessary and relevant information to make that decision.
  • You acknowledge that (i) 1health is not a health advisor, Health Care Professional, or a testing lab, (ii) does not provide medical, health or other professional services or advice, and (iii) does not itself perform any testing on your Samples.  1health provides the telehealth technology via our Site for you to receive Testing Services as determined clinically appropriate by your Health Care Professional.
  • You acknowledge that Health Care Professionals are not employees of 1health and are not providing services on behalf of 1health, but instead are independent professionals solely responsible for the services provided to you. 1health does not endorse any specific tests, physicians, health care professionals, medications, products or procedures recommended by the Health Care Professionals.  You acknowledge that your reliance on any healthcare professionals or information provided by Health Care Professionals using the Site to provide you with Health Care Services, including Testing Services is solely at your own risk and you assume full responsibility for all risk associated herewith.
  • In the event you receive telehealth services through the Site, you understand and agree (i) the Health Care Professional is providing Health Care Services from a REMOTE location using telehealth technology through the Site, (ii) the Health Care Services you receive via telehealth may not be as comprehensive as services you may receive in an in-person setting, (iii) you have a choice to not receive Health Care Services through telehealth, and (iv) you fully understand and accept the risks and benefits of receiving services through telehealth.
  • You acknowledge and agree that you are making an informed decision to receive Health Care Services from a Health Care Professional remotely using telehealth technology, through a combination of audio, visual and store and forward technology and that such remote telehealth technology may not be appropriate for all medical issues and should not be used in emergency situations, and that you have been given all necessary and relevant information to make that decision.
  • You acknowledge and agree that you are making an informed decision to receive Testing Services, including access to a Health Care Professional through telehealth technology, from 1health through the Site and have been given all necessary and relevant information to make that decision.

 

 

Exhibit B

Vaccine Services 

1health may provide the following Services, solely in its own discretion, and as selected by you on the Site:

  • 1health may provide a secure technology platform through the Site for you to register as a user, establish an Account, provide and update information, complete all necessary forms and documents, and assist with: (1) vaccine scheduling; (2) text follow-ups; (3) reporting of adverse events; (4) reporting of vaccine status to your employer, university, or your child’s school, as applicable; (5) reporting to health authorities as applicable; and (6) submitting and accessing immunization records from your state’s infectious disease registry or operational immunization information system (“ISS”).
  • 1health will own all Data.
  • 1health does not provide medical advice and will not provide any services for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. 

Vaccine Services Acceptance/Informed Consent 

By clicking on the box, you are acknowledging you have read, understand, accepted and become legally bound to the terms of this Exhibit:

  • You agree to abide by the obligations in this Agreement, including the terms in Addendum B.
  • You acknowledge that 1health is not a health advisor or Health Care Professional and does not itself perform vaccine administration. 1health provides vaccine scheduling, text follow-ups, and reporting of adverse events after the vaccination.
  • You acknowledge that Health Care Professionals are not employees of 1health and are not providing services on behalf of 1health, but instead are independent professionals solely responsible for the services provided to you. 1health does not endorse any specific tests, physicians, health care professionals, medications, products or procedures recommended by Health Care Professionals.
  • You authorize 1health to communicate your vaccination status to your employer, university, or your child’s school and your state and/or local Health Department as required by federal, state, and local regulations.
  • You authorize 1health to access and submit immunization records to your state’s infectious disease registries or operational immunization information system (“IIS”).

 

 

ADDENDUM A

I, by signing below, hereby authorize all healthcare professionals, including their physicians, their staff, agents and designees (“Health Care Professionals”) and the testing laboratories, including their physicians, their staff, agents and designees, that perform services requested by or consented to by me, to use and disclose health information about me in the manner and for the purposes stated below.

This authorization applies to the use and disclosure of the following information about me:  all information in requests(s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted.

For avoidance of doubt, I specifically authorize the transfer and release of this information to, between and among myself and the following individuals, organizations and their representatives: (a) 1health, Inc. and its affiliates, their staff and agents; (b) any physician that I designate, and their staff, agents and designees; (c) applicable Health Care Professionals and Labs; (d) if I am participating in an employer-sponsored program, to my employer; (e) if I am participating in a university-sponsored program, to my university; (f) if my child is participating in a school-sponsored program, to my child’s school; (g) with respect to De-Identified Data only, for marketing purposes as defined by the Health Insurance Portability and Accountability Act (HIPAA), where 1health could receive direct or indirect remuneration from a third party in connection with the use or disclosure of my information; and (h) other 1health partners for the purposes herein, and as required or permitted by law.

The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) to facilitate and execute the services requested by me or performed with my consent (including receiving, reviewing and approving a laboratory request; reviewing, processing and delivering the laboratory test value(s)/result(s)); (b) to increase my employer’s workplace safety and provide a safe and supportive work environment for all of its employees; (c) to increase the safety of my university or my child’s school; (d) for treatment, health care operations and payment services; (e) to provide me with information and materials on treatment alternatives, health related offerings and services and products which may assist me with health, wellness and overall care or be of interest to me; (f) with respect to De-Identified Data only, for marketing purposes as defined HIPAA, by 1health or its third-party partners, including in circumstances where 1health could receive direct or indirect remuneration from a third party in connection with the use or disclosure of my information; and/or (g) to conduct statistical research studies, and as required or permitted under state and federal laws.  I may opt to not have my personal information or De-Identified Data (as applicable) disclosed for some purposes above with prior written notice to 1health as set forth below.  I understand that such opt-out may affect the Services I have voluntarily elected.

This authorization evidences my informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.

Upon my written request, I may inspect or copy the information that I have permitted to be used or disclosed, if permitted by law.  1health may receive payment or other remuneration related to the use and disclosures herein.

I understand that I have a right to receive a copy of this authorization. I have the right to refuse to agree to this authorization in which case my refusal may affect the services provided to me. When my information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. I have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization.  My written revocation must be submitted to: 1health, Inc. 388 Market Street Suite 1300 San Francisco, CA, US, 94111.

 

 

ADDENDUM B

Waiver and Release 

I, the patient, acknowledge that I am independently selecting on my own behalf to participate in Health Care Services from [PROVIDER] (“Provider”).

I agree to waive and release any and all claims, actions, causes of action, demands, expenses, or liabilities of whatsoever kind and nature, including without limitation, consequential loss, attorney’s fees and expenses, court costs, and costs of investigation, against Provider as well as their employees, agents, officers and directors, which may arise out of the Health Care Services provided by Provider, their employees, agents, officers, or contractors. Upon referral to another medical provider, by Provider, I further hereby release Provider and its employees, agents, officers, directors and shareholders, from and against any and all claims, losses, liabilities or expenses arising, in whole or in part, out of care or treatment by the medical provider to whom the referral was made.

The above waiver and release is not intended to waive my rights to workers’ compensation benefits for which I may become eligible as a result of any work related injury, nor is it intended to waive my rights to any benefits I or other covered persons might have under a company sponsored insurance benefit or medical plan.

Consent and Representations 

I hereby represent that I have carefully read the above information regarding informed consent and fully understand the implications thereof. I hereby consent to the conditions outlined above concerning delivery of medical care to me.

I hereby acknowledge that I have been given the opportunity to review and/or have received a copy of the Privacy Notice of Provider.  I agree to allow Provider to communicate my vaccination status to my employer and my state and/or local Health Department as required by federal, state, and local regulations.

I am providing this consent form to Provider in order that I may be given a COVID-19 vaccine.  I attest that I have been provided, have read, and understand the COVID-19 vaccine FDA EUA fact sheet for recipients and caregivers including and not limited to information concerning the possible benefits and side effects of the COVID-19 vaccination.  I have had the opportunity to have my questions answered and hereby acknowledge that, based on the information provided and the publicly available state and local COVID-19 eligibility criteria, I am eligible to receive a COVID vaccine on this day. I understand that no assurance can be given that the COVID-19 vaccination will give me immunity from contracting any strain of SARS-CoV-2.

If signed by someone legally authorized to represent the individual, please describe that authority and attach document(s) evidencing that authority.

By signing or acknowledging this authorization electronically, I agree to its terms and representations.

Signature:  acknowledged electronically or in writing

Date: May 21, 2021

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