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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

1.   
In order to access certain features of the Guardant Health Patient Portal, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, including to obtain a Guardant account to access certain sections of the Patient Portal, or as part of your continued use of such website or portals. You agree that any registration information you give to Guardant will always be accurate, correct, and up to date.
2.   
You agree to use the Guardant Health Patient Portal only for purposes that are permitted by (a) this Terms and Conditions of Use Policy, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.   
You agree not to access (or attempt to access) the Patient Portal by any means other than through the interface that is provided by Guardant. You specifically agree not to access (or attempt to access) any part of the Patient Portal through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Patient Portal.
4.   
You agree that you will not engage in any activity that interferes with or disrupts the Patient Portal (or the servers and networks which are connected to such website or portals).
5.   
You agree that you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell the Patient Portal, or any portion, feature, or content thereof, for any purpose.
6.   
You agree that you are solely responsible for (and that Guardant has no responsibility to you or to any third-party for) any breach of your obligations under the Terms and Conditions of Use Policy and for the consequences (including any loss or damage which Guardant may suffer) of any such breach.
7.   
You must be 18 years or older to use the Patient Portal unsupervised. If you are under the age of 18, you may only use such Patient Portal in conjunction with, and under the supervision of, your parents or guardians.
8.   
You must be a human. Guardant accounts registered by “bots” or other automated methods are not permitted.
9.   
Your Guardant account may only be used by you – a single Guardant account shared by you and other people is not permitted.
10.  
You agree and understand that you are responsible for maintaining the confidentiality and security of your Guardant account and password. Guardant cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
11.  
You agree that you will be solely responsible to Guardant for all activities that occur under your Guardant account.
12.  
One person or legal entity may not maintain more than one Guardant account.
13.  
If you become aware of any unauthorized use of your Guardant account or password, you agree to notify Guardant of this immediately.
14.  
We reserve the right to modify or discontinue, temporarily or permanently, your access to the Patient Portal, or your Guardant account with or without notice.
15.  
You agree that the official CLIA laboratory report of record is the pdf version of the laboratory report.  The portal may have interactive features that simulate the laboratory report, but there are some differences in the information presented on the portal (example:  therapies listed, language in the methods section, color of the TRM, etc.) compared to pdf version of the report.

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.

Links

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.

Privacy

Please read our Privacy Policy (https://www.guardanthealth.com/legal-and-privacy-policies) which also governs your use of the Guardant Health Patient Portal to understand our policies about what information we collect, how we will treat this information, and what options you have to direct our activities.

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.

Applicable Law

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 clientservices@guardanthealth.com or by mail at: Guardant Health, Inc., 505 Penobscot Avenue, Redwood City, CA 94063 USA.