Patient Portal Terms and Conditions of Use
Last Updated: March 30, 2016
Introduction and Acceptance
Unless otherwise agreed to in writing by Guardant Health, Inc. (“Guardant”), by using the Guardant Health Patient Portal and Services (“Patient Portal”), you agree to the following Terms and Conditions of Use Policy without limitation or qualification. Please read these terms and conditions carefully before using the Patient Portal. If you do not agree with the Terms and Conditions of Use Policy, you are not granted permission to use the Patient Portal.
All references in this Terms and Conditions of Use Policy to “we,” “us,” or “our” shall refer to Guardant. All references in this Terms and Conditions of Use Policy to “you” or “your” shall refer to the users of the Guardant Health Patient Portal.
Exclusion of Warranties and Limitations of Liability
The Guardant Health Patient Portal is provided by Guardant on an “as is” and “as available” basis. Guardant makes no representations or warranties of any kind, express or implied, as to the operation of the Patient Portal or the information, content, materials, or services included thereon, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In particular, Guardant does not warrant that the Patient Portal, its servers, or email sent from Guardant are free of viruses or other harmful components. Guardant will not be liable for any damages of any kind arising from the use of, or inability to use, the Patient Portal, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, whether in contract, tort, or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; accordingly, the above limitations or exclusions may not apply to you.
General Use of the Patient Portal
Comments, Communications, and Other Content
Certain features within the Patient Portal may allow you to post comments, send emails and other communications, and submit suggestions, ideas, comments, questions, or other information (together “Commenting”). You agree, understand and represent that all of your Commenting: (i) is accurate, (ii) is owned or otherwise controlled by you, (iii) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third-parties, and (iv) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Commenting. Guardant reserves the right (but not the obligation) to monitor and edit or remove any Commenting activity or content. If you do post Commenting content or submit Commenting material, you grant Guardant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Commenting content throughout the world in any media, including the right to use the name that you submit in connection with such Commenting. Guardant takes no responsibility and assumes no liability for any Commenting content posted by you or any third-party.
The Guardant Health Patient Portal may be linked to other websites not maintained by us. We do not control and are not responsible for the content of and policies governing use of those websites not maintained by us. The inclusion of any link to such websites does not imply approval of or endorsement by us of the websites or the content thereof.
Ownership, Copyright and Trademark
All content included on the Guardant Health Patient Portal, such as trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, is the property of Guardant or its content suppliers or used with permission. The compilation of all content on this site is the exclusive property of Guardant and may be protected by U.S. and international copyright laws. All software used on this site is the property of Guardant or their software suppliers and may be protected by United States and international copyright laws. Nothing on this site should be construed as granting any license or right to such content or software.
Copyright and Trademark Complaints
Guardant respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on the Guardant Health Patient Portal, please notify us immediately by phone at (855) 698-8887 or by mail at Guardant Health, Inc., 505 Penobscot Avenue, Redwood City, CA 94063 USA.
By visiting the Patient Portal, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use Policy and any dispute of any sort that might arise between you and Guardant regarding such Policy. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Patient Portal, regardless of who initiated the proceeding. The English-language version of this Terms and Conditions of Use Policy is Guardant’s official agreement with users of the Patient Portal. In case of any inconsistency between this English-language version of this Terms and Conditions of Use Policy and its translation into another language, this English-language document controls.
Changes to the Terms
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Terms and Conditions of Use Policy without prior notice. Modifications shall become effective immediately upon being posted on our Patient Portal. Your continued use of the Patient Portal after modifications are posted constitutes an acknowledgement and acceptance of the Terms and Conditions of Use Policy and its modifications.
How To Contact Us
Any questions about this Terms and Conditions of Use Policy should be addressed to firstname.lastname@example.org or by mail at: Guardant Health, Inc., 505 Penobscot Avenue, Redwood City, CA 94063 USA.