Terms & Conditions of Use for the Genomic Health® Website

Genomic Health maintains the Genomic Health website (this "Website") as a service to the Internet community. The Genomic Health Website has been designed to provide general information about Genomic Health and its products and research. and Conditions of Use (“Terms”) carefully before using this Website. By using and or visiting this Website, you signify your assent to both these Terms and the terms and conditions of Genomic Health’s Privacy Policy,which are published and are incorporated herein by reference. If you do not agree to these terms, do not use this Website.

The information on this website is provided solely on an "AS IS" and "AS AVAILABLE" basis. Genomic Health is not engaged in rendering investment or medical advice via this website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by Genomic Health, its affiliates, related companies or its licensors or joint venture partners. Access and use of the Genomic Health website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. Genomic Health does not, by or through this website, offer for sale any products or services. Oncotype DX® is a diagnostic test that can only be ordered by an authorized healthcare provider.

Genomic Health may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Genomic Health website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this website by you after such notice shall be deemed to constitute acceptance of the changes.

Genomic Health will use reasonable efforts to include accurate and up-to-date information on the Genomic Health website, however, any information presented on the website as of a particular date may only be accurate as of such date and Genomic Health disclaims any responsibility to update such information. Information about companies other than Genomic Health contained in news, press releases or otherwise that are posted on the website should not be relied upon as being provided or endorsed by Genomic Health.

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Genomic Health will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obligated to register with Genomic Health in order to access the Website. However, Genomic Health may offer certain features and services for which registration is necessary. Registration is available at no cost by visiting Register for Updates.

If you register to use this Website, you agree to provide, maintain and update true, accurate, current and complete information about yourself when registering. If you do not provide such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Website. You may only have one active account on this Website at any given time and only you may use your designated account to access the Website. You also agree to promptly notify us of any unauthorized use of your username, password, other account information or any other breach of security that you become aware of involving or relating to this Website by emailing us at webmaster@genomichealth.com . In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

In using this Site, you agree not to:

 

  • Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

 

  • Misrepresent your identity or affiliation in any way;

 

  • Use this Website to disclose or obtain another's personal information, or collect information about users of this Website;

 

  • Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this Website;

 

  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

 

  • Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, messages marketing or advertising goods and services;

 

  • Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

 

  • Violate any applicable laws or regulations or these Terms;

 

  • Assist or permit any persons in engaging in any of the activities described above.

 

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GENOMIC HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Genomic Health makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Genomic Health makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the website is free of viruses.

GENOMIC HEALTH SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE GENOMIC HEALTH WEBSITE. GENOMIC HEALTH EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF GENOMIC HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

You agree to indemnify, defend and hold Genomic Health and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website.

By submitting any communication or material to Genomic Health, you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer; (3) such content will be deemed non-confidential; and (4) you grant to Genomic Health a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with Genomic Health's Privacy Statement, and waive any moral rights you may have in such content. Subject to Genomic Health's Privacy Statement, Genomic Health shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.

It is the policy of Genomic Health to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Genomic Health, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Genomic Health website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of this website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Genomic Health. The use or misuse of Genomic Health's trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

This Site is controlled and operated by Genomic Health, Inc. Genomic Health makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

Genomic Health may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Genomic Health reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the Genomic Health website, including the right to block access from a particular Internet address to the website.

By choosing to visit this Website or otherwise provide information to Genomic Health, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Mateo County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

This website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim liability for all third party information and the use of it.

Genomic Health's Privacy Statement ("Privacy Statement"), as it may change from time to time, is a part of these terms and conditions for using the Genomic Health website and is incorporated herein by this reference. Genomic Health reserves the right, and you authorize Genomic Health, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with Genomic Health's Privacy Statement.

Notice to Staffing Vendors, Search Firms, Recruitment Agencies and Recruiters

Genomic Health’s recruitment process is managed directly through its Talent Acquisition Department. All candidates must be presented through this avenue. All recruiters, agencies or other staffing firms are requested not to contact Genomic Health’s hiring managers, employees or representatives directly to inquire about open positions or to present candidates. Complying with this request will be a significant factor in determining any initial or ongoing professional relationship with Genomic Health. Any such recruiter, agency or other staffing firm seeking to work with Genomic Health must first contact the Talent Acquisition Department at staffing@genomichealth.com; include “Vendor Request” in the subject line.

Genomic Health requires a signed agreement to be in place with any recruiter, agency or other staffing firm prior to the presentation of any candidates. Unsolicited resumes or other submissions sent to Genomic Health will be deemed the property of Genomic Health to follow up with as it sees fit and no fee will be paid in the event the candidate is hired as a result of the referral or by other means.

If you have any questions about these terms and conditions, please let us know through our Contact Us page.