Last Revised: October 31, 2016
I. ABOUT THE SERVICES
1. The Services are presented to inform you about Ignyta’s services, and in certain cases, your or your patients’ eligibility to use such services.
• what information we may collect about you;
• what we use that information for; and
• with whom we share that information.
II. TERMS APPLICABLE TO THE SERVICES
1. License to Use Services.
2. Use Restrictions.
3. Third Party Services and Materials.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Ignyta is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Ignyta does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
4. No Medical Advice.
The content, information and materials on the Services are intended to be a general information resource in regard to the subject matter covered, but are provided solely on an “as is” and “as available” basis as noted below. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. Ignyta is not engaged in rendering medical or similar professional services or advice via the Services, and the information provided is not intended to replace medical advice offered by a physician or other professional healthcare provider. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Ignyta’s publication of any content on Services as an endorsement by Ignyta of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.
5. Forward Looking Statements.
The Services may contain forward-looking statements about Ignyta’s financial and operating performance and business plans and prospects that involve risks and uncertainties. A list and description of these and other risks, uncertainties and other matters can be found in Ignyta’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available at https://www.ignyta.com/investors/ and at www.sec.gov. Actual results could differ materially from the expectations and projections set forth in those statements. Ignyta assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
III. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IGNYA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY.
2. Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Ignyta by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Ignyta or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Ignyta. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Ignyta and Ignyta may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Ignyta any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Ignyta’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
V. GENERAL PROVISIONS
3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Ignyta hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
4545 Towne Centre Court
San Diego, CA 92121
Telephone: (858) 255-5959