Guardant Health, Inc. (“Guardant Health”) provides the website (the “Website”) and online services (collectively the “Services”) to you subject to these terms and conditions.

Your use of the Services constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use the WEBSITE OR Services.

Guardant Health may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Website. Your continued use of the Services constitutes acceptance of these terms and conditions as modified. Certain features and services may be subject to additional requirements, rules, and policies, which are incorporated by reference into these terms and conditions.

Guardant Health may terminate, change, or otherwise modify any aspect of the Services, or impose limits on features or restrict access, in whole or in part, to the Website and Services at any time and in its sole discretion without liability. Guardant Health may terminate any authorizations, rights, and licenses provided herein.

Description of Services

The Services include websites, applications, and information relating to Guardant Health’s testing services for the comprehensive sequencing of tumor DNA, online ordering, test delivery, billing, clinical information portals, mobile applications, application programming interfaces, educational materials for patients, partners, and healthcare professionals, and related services.

Website and Services Usage

Guardant Health authorizes you to access the Services and view and download the materials from the Website, provided that: (i) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (ii) your use of such materials is for your personal, non-commercial use only, and will not be copied or posted on any network computer or broadcast in any media; (iii) you may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials; and (iv) you shall not attempt to copy, decompile, or reverse engineer any of our site code, applications, interfaces, or services.

The above authorization does not include the design of the Services or layout of the Websites, elements of which are legally protected and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this Website may be copied or retransmitted unless expressly authorized by Guardant Health. No other use of the materials is authorized. The materials at this Website are proprietary and any unauthorized use of any materials at this Website may violate copyright, trademark, and other laws.  Guardant Health respects the intellectual property rights of third parties and requests users of the Services to notify Guardant Health at legal@guardanthealth.com if they become aware that any content on this Website or Services may violate or infringe upon the intellectual property rights of any third party.

By using the Services, you agree that you will not use the Services for any purpose that is unlawful or otherwise violates any applicable law, regulation, or the rights of an individual or entity. You shall not misrepresent your identity when using the Services and you shall not send or transmit to or through this website any unlawful, defamatory, threatening, or otherwise objectionable material.  You shall not use this website to attempt to access or disclose personally identifiable information or collect information about the users of the Services.

Security

You shall not attempt to gain unauthorized access to the Services, attempt to circumvent any security or authentication measures, probe, scan or test the vulnerabilities of our Website or Services. You shall not attempt to monitor or intercept data or network traffic from the Services. You shall not introduce, transmit, or otherwise make available any virus, worm, spyware, or other computer code, file or program intended to damage, overburden, or otherwise interfere with the proper functioning of the Services or Websites.

Access-Restricted Services

Access to password-protected and/or secure areas of the Services is limited to authorized users only and requires creation of an account. For example, healthcare professionals desiring to order tests or view test results through the Website are required to register and establish an account to use these features. You must provide complete and accurate information on your account and update such information as necessary.

You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or transfer your account and/or password information. You agree to notify Guardant Health immediately of any unauthorized use of your account or any other breach of security of which you become aware. You further agree to accept responsibility for all activities that occur under your account or password. You agree not to use another’s account or password information at any time.

Linked Sites

This Website may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Guardant Health’s control, and Guardant Health is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Links to this Website

Any links to Guardant Health Websites: (i) must display that page full-screen in a fully operable and navigable browser window and not within a “frame”; (ii) may not present false information about Guardant Health products, services, or technology, nor by the appearance, position, and other aspects of the link create a false appearance that another entity, its activities, or products are associated with, sponsored, or endorsed by Guardant Health; and (iii) may not use or display the Guardant Health logo without permission.

Privacy Policy

In using the Services, you may provide certain personal and health information to us. Guardant Health will use and disclose your personal information only in accordance with and our Privacy Policy, which is incorporated by this reference into these terms and conditions. In addition, as a covered entity under HIPAA, Guardant Health will use your Protected Health Information only in accordance with our Notice of Privacy Practices, which is incorporated by this reference into these terms and conditions.

No Medical or Professional Services Advice

Information contained on the Website is presented for the purpose of general education for the public regarding cancer genomics and diagnostic testing, personalized cancer care, genomic research, and other general information concerning Guardant Health.

Nothing contained on the public areas of the Website is intended to constitute medical advice, instruction for medical diagnosis, or guidance for treatment. Information provided on the public areas of the Website should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the public areas of the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider.

International Use

The Guardant Heath Services are hosted in the United States. Although these Services may be accessible worldwide, we make no representation that all materials on this site are appropriate or available for use in all worldwide locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from worldwide locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You agree to indemnify and hold the Company (and its officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services or any feature of service of the Website, (ii) your violation of these terms and conditions, including without limitation misuse of account and password information, or (iii) your violation of applicable law. Guardant Health reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. Guardant Health will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Termination

If applicable, you may delete your Website account and end your registration at any time, for any reason by sending an email to clientservices@guardanthealth.com. Guardant Health may terminate your use of the Services and/or your account for any reason at any time. You understand that termination of your account may result in loss of access to test results of your patients through the Site. YOU AGREE THAT GUARDANT HEALTH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES OR DELETION OF YOUR ACCOUNT.

DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE OPERATION OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, GUARDANT HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. GUARDANT HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY INFORMATION, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GUARDANT HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENTS OF THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUARDANT HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Contact Information

If you have any comments or questions regarding these terms and conditions or the Services, please contact Guardant Health Legal at legal@guardanthealth.com.

Last Updated: June 30, 2017