CONSUMER SURVEY AGREEMENT
THIS CONSUMER SURVEY AGREEMENT (“Agreement”) is made by and between 1Life Healthcare, Inc., on behalf of ourselves and our affiliates (“we” or “us”) and the individual named on the signature page (“you” and “your”).
- YOUR PARTICIPATION. From time to time we may conduct consumer surveys to better understand our customers’ needs and the healthcare market. By signing this Agreement, you are agreeing to participate in the consumer survey described in Exhibit A “Consumer Survey Details” (“Consumer Survey”). Your participation in the Consumer Survey is voluntary, and you can withdraw from the Consumer Survey at anytime by contacting the person who reached out to you. We may terminate the Consumer Survey at any time upon notice to you.
- Definition. “Confidential Information” includes all non-public information relating to us and our business including without limitation (a) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (b) information regarding products plans or development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; (c) the existence of any business discussions or agreements between us and any third party; and (d) all such information related to any third party that is disclosed to you or accessed by you during the course of the Consumer Survey.
- Restrictions on Use and Disclosure of Confidential Information. You agree to (a) use Confidential Information only as permitted by us; (b) use at least a reasonable degree of care to protect against unauthorized use and disclosure of Confidential Information, and (c) hold Confidential Information in confidence and not disclose or publish Confidential Information to anyone.
- INFORMATION; USE. You acknowledge and agree that we may collect information about you, and your comments, content, communications and other data provided by you when you sign up for a Consumer Survey and when you participate in a Consumer Survey (“Survey Information”). Such information may include information such as your name, demographics, your response to our questions, comments you provide, survey answers, etc. If you wish to share with us your Protected Health Information (as defined in 45 CFR Sections 164.501 and 160.103 of the Health and Human Services under the Health Insurance Portability and Accountability Act of 1996, also known as “HIPAA”), we will first obtain your separate authorization through a HIPAA Authorization for Use and Disclosure of Information. We will not use or disclose the Survey Information for any purpose other than our business purposes.
- FEEDBACK. You agree that all responses, suggestions, comments, and other feedback that you share with us and our agents during or after your participation in the Consumer Survey (“Feedback”) will be our property. We may use your Feedback without restriction or compensation to you; provided, however, if any Feedback contains your Protected Health Information, we will only use such Protection Health Information as authorized by you through a signed HIPAA Authorization.
- LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF SECTIONS 2 AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY LIABILITIES OR DAMAGES OF ANY KIND, WITH RESPECT TO THIS AGREEMENT OR ANY SURVEY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME OR EVEN IF THE SAME WERE REASONABLY FORESEEABLE.
- TERM. This Agreement will be effective as of the Effective Date and continue in effect until Consumer Survey completion or earlier termination by either party.
- SURVIVAL. Sections 2, 4, 5, 7, 8, and any other provision that by its nature is intended to survive, will survive expiration or termination of this Agreement.
- GENERAL PROVISIONS.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of laws principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state and federal courts located in San Francisco, California, and the parties hereby consent to personal jurisdiction and venue of these courts.
- Severability. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified to the maximum extent necessary to make it valid and enforceable.
- No Waiver. If either party fails to enforce any provision of this Agreement, such failure will not be construed as a waiver or limitation of that party to subsequently enforce the Agreement.
- Entire Agreement; No Modification. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, communications and understandings, written or oral, relating to the subject matter hereof. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective except by a writing signed by both parties.
CONSUMER SURVEY DETAILS
In accordance with the terms of the Agreement, you will participate in the following Consumer Survey:
- Consumer Survey Description. Inclusion in a subset of One Medical members who opt in to receive surveys.
- Your Responsibilities. Complete surveys as you would like. Email email@example.com to remove yourself from the group
- Compensation. You will be entered into a monthly raffle for every survey you complete.