Last Updated: January 27, 2025
These Terms of Use (“Terms”) govern all websites, domains, services, applications, and products (“Websites”) and the Myriad patient portals (“Portals,” together with the Websites, the “Services”) owned and operated by Myriad Genetics, Inc. and its subsidiaries (collectively “Myriad”) and set forth a legally binding agreement between you and Myriad. Should you interact with us via SMS text message, you also agree to our SMS Terms of Use, which are incorporated into these Terms by reference.
In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Website (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 12). PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
By using the Services, you acknowledge and understand that we may process personal information (as described in our Privacy Notice, which is incorporated into these Terms) or protected health information (as described in our HIPAA Notice of Privacy Practices, which is incorporated into these Terms) in connection with your use of the Services. If you do not agree to such processing or these Terms, please do not use the Services.
The information and content provided on or accessed through the Services are intended for general, noncommercial purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment. Much of the information contained in the Services is presented for the purpose of general education for the public on genetic testing, predictive and personalized medicine products, pharmacogenomics, genomic research, and other general information concerning Myriad. Nothing contained in the Services is intended to be instruction for medical diagnosis or treatment. Any information provided 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 Websites should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, or consultation with, or the advice of your healthcare professional or other qualified healthcare provider. The Services are not provided in the course of a professional relationship between a healthcare provider and a patient, and are not intended to create any patient relationship, nor should they be considered a replacement for consultation with a healthcare professional. Should you have any healthcare-related questions, please consult with your healthcare professional or other qualified healthcare provider promptly.
The Services may contain materials and other items relating to Myriad, including (i) data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Myriad; and (iii) other forms of intellectual property (collectively “Content”).
The Services are provided for your personal and non-commercial use. You acknowledge that the Services and the Content are protected by United States copyright law. Except as specifically permitted, you may not modify, distribute, transmit, display, publish, reproduce, license, create derivative works from, or sell any information obtained from the Services. Myriad grants you a limited, non-exclusive, revocable, non-assignable license to download, display, view, and use the Services, and to retain one (1) copy of the Content as it is displayed to you, for personal, non-commercial purposes only, with the exception of content marked as not subject to this limited license.
As a condition of your use of the Services, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Services, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.
You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. No content from these sites may be downloaded or otherwise exported in violation of United States law.
By using the Services, you agree not to use the Services to: (i) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (ii) impersonate any person or entity, including, but not limited to, anyone affiliated with Myriad, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (iv) “stalk” or otherwise harass another user of the Services; (v) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (vii) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Myriad or any other party; (viii) harm minors in any way; (ix) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (x) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (xi) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (xiii) violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Myriad; or (xiv) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Myriad has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Myriad may suffer) of any such breach. In case of breach of any one of these Myriad has the right to suspend or terminate your Portal account(s) and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Myriad and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section 3 and/or Myriad has a reasonable ground to suspect that you have violated the terms of this Section 3, Myriad has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services (collectively, “Submit”) certain User Generated Content (as described in the Privacy Notice). Information related to any laboratory tests provided by Myriad Genetics (“Test”) you take, or the corresponding Test results (the “Results”) shall not constitute User Generated Content. You acknowledge that certain User Generated Content that you Submit through the Services may be deemed non-confidential and may be disclosed through the Services to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.
You agree that Myriad shall have, and hereby grant to Myriad, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any User Generated Content that you Submit to Myriad. Myriad does not endorse any User Generated Content or third-party product or service that may appear in connection with use of the Website. Nothing in these Terms shall obligate Myriad to use any User Generated Content you Submit or permit the posting of such User Generated Content on any website or platform.
All User Generated Content that you Submit may be used at Myriad’s sole discretion. Myriad reserves the right to change, condense, withhold publication, remove, or delete any User Generated Content on the Services that Myriad deems in its sole discretion to violate these Terms. Myriad does not guarantee that you will have any recourse through Myriad to edit or delete any User Generated Content that you Submit.
Please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you Submit are deemed User Generated Content and licensed to us as set forth above. Myriad’s receipt of your Unsolicited Ideas and Materials is not an admission by Myriad of their novelty, priority, or originality, and it does not impair Myriad’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
By providing User Generated Content in connection with the Website, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to Submit the User Generated Content. It is your obligation to determine the extent to which User Generated Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or Submit any User Generated Content or other material, which is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable, and that you will not cause damage, embarrassment, or adverse publicity to Myriad.
You acknowledge and agree you will Submit only User Generated Content that is functionally and technically compatible with this Website. You will not attempt to damage, corrupt, tamper with, or infect the Services, the Content, or any information or telecommunication system of Myriad with a virus or other malicious computer program. You will only use the Services for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Services or undertake any other activity which may adversely affect the use or enjoyment of the Services by any person. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, Myriad reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.
Certain features and functionality of the Services may require the creation of an account by entering your name and email address, selecting a valid username, selecting a valid password, and providing other required information (“Registration Information”). In consideration of your use of the Services, you agree to: (i) provide true, accurate, current, and complete registration information about yourself as prompted by the Service; and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Myriad has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Myriad has the right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof).
The Services may provide you with the opportunity to share your test results provided to you with others, you are responsible for maintaining the confidentiality of your Results. If you allow third parties to view your Results, you will defend and indemnify Myriad and its affiliates against any liability, costs, or damages, including attorneys’ fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
The Services contain hyperlinks to websites owned and/or controlled by parties other than Myriad. Myriad is providing these links to you only as a convenience, and Myriad does not endorse, warrant, or guarantee the products, services, or information described or offered at these other websites. Myriad has no control over the content on these websites. Access to any other website is at your own risk and Myriad is not responsible for the completeness, accuracy, or reliability of any information, data, opinions, advice, or statements made on these websites.
You do not acquire ownership rights of any content, document or other materials viewed through the Services. The posting of information, content, or materials on the Services does not constitute a waiver of any right in such information and materials and, instead, Myriad reserves all rights in such information, content, or materials. Some of the content on the Websites is the copyrighted work of third parties.
Unauthorized use of any Myriad trademark, service mark, or logo may be a violation of federal and state trademark law. Products, service marks, or logos referenced by the Services are either trademarks or registered trademarks of Myriad and/or its affiliates in the United States and other countries. Other trademarks, product marks, or logos are the property of their respective owners.
Myriad may permit you to make a payment on a Portal. If you provide a credit card or debit card to us, we will charge any fees associated with your account in accordance with these Terms. Receipts for payments will be emailed to the email address to you or available through your account. You represent and warrant that (i) the credit card or debit card information you provide to Myriad and/or our Payment Processor (as defined below) is true, correct, and complete; and (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Myriad if the payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify information provided. If your payment card details change are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).
All credit card, debit card, and other payment card transactions via a Portal occur through an online payment processing application that is provided by a third-party payment processor, XIFIN (“Payment Processor”). Your use of the payment application is subject to XIFIN’s Terms and Conditions, which you should review. By agreeing to the Terms or making payments via a Portal, you agree to be bound by the Payment Processor’s agreements (which may be modified by the Payment Processor from time to time). If our Payment Processor is unable to secure funds from your payment method for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Myriad may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your account.
You agree to waive all claims against Myriad, its affiliates, and our Payment Processor, related to any unauthorized payments made on your payment card outside of Myriad’s control, regardless of whether such payments are authorized or unauthorized.
THE SERVICES, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MYRIAD HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, LINKS, AND RELATED GRAPHICS), INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, RESULTS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND NON-INFRINGEMENT. MYRIAD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND ACCURACY OF THE INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE MYRIAD WEBSITES FOR ANY PURPOSE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL MYRIAD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY CLAIM FOR LOST DATA OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MYRIAD SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MYRIAD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend and hold Myriad 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; (ii) your activities in connection with the Services; (iii) your User Generated Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Myriad reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Myriad’s defense of any claim. You will not in any event settle any claim without the prior written consent of Myriad.
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE, OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
A. AGREEMENT TO BINDING INDIVIDUAL ARBITRATION.
Except those expressly exempted below, to the fullest extent allowed by applicable law, you and Myriad agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section. For purposes of this Section, You agree that the term “Dispute” will have the broadest meaning possible and will include, but will not be limited to, any dispute, claim, or controversy (except those specifically exempted below) between you and Myriad that in any way relates to or arises from any aspect of our relationship and all matters relating to or arising from these Terms, the Services, or any other agreement between you and Myriad. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
B. INFORMAL NEGOTIATION PERIOD.
In the unlikely event that you have any Dispute with Myriad, you must first provide Myriad written notice of your dispute prior to initiating any formal legal action. Your notice of dispute must be in writing and sent to Myriad at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” The notice of dispute must include, as applicable: (1) your name; (2) your email address; (3) your residential address; (4) a description of the facts of the Dispute as you understand them; and (5) any request of Myriad to resolve the problem. Most concerns are quickly resolved in this manner to our customers’ satisfaction. During the thirty (30) days following the date your notice of dispute is received by Myriad (the “Initial Dispute Resolution Period”), you and Myriad agree to engage in good faith efforts to resolve the Dispute informally, and you will not initiate any arbitration or court proceeding during this period. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Myriad later to initiate a lawsuit or arbitration unless it contains all of the information required by this paragraph. You and Myriad agree to toll any statutes of limitations that may apply, along with any filing deadlines during this Initial Dispute Resolution Period. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and Myriad agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph.
C. BINDING ARBITRATION.
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Myriad may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the then-current JAMS Rules effective as of the date of the Notice of Dispute (the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at www.jamsadr.com.
Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules. If, for any reason, JAMS is unable to administer the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules. If the parties have more than one Dispute between them, you and Myriad agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived.
WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
You and Myriad agree that the terms of this will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Section. To be clear, the arbitrator, and not a court, shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Myriad, and any award of the arbitrator may be entered in any court of competent jurisdiction. You and Myriad agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Myriad agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
D. Mass Arbitration Before NAM
Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if twenty-five (25) or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550.
Notwithstanding anything to the contrary above, you and Myriad agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than JAMS, you or Myriad may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and Myriad agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Myriad acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Myriad agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with their Mass Arbitration Supplementary Rules, found here: https://www.adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf.
E. Class and Collective Action Waiver
IF, FOR, ANY REASON, THIS MANDATORY BINDING ARBITRATION PROVISION (SECTION 12) IS HELD UNCONSCIONABLE OR UNENFORCEABLE, YOU AND MYRIAD AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including, but not limited to, requests for public injunctive relief.
If any provision in Section 12 of these Terms is found to be unenforceable, that provision shall be severed with the remainder of Section 12 of these Terms remaining in full force and effect. The foregoing severance provision shall not apply to the prohibition against class or collective actions. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Section 12 of this Agreement (but only Section 12) shall be null and void.
F. Exceptions to Informal Negotiations and Arbitration
Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction and applicable law provisions in Section 13 below.
G. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
H. Thirty (30)-day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section 12 by sending written notice of your decision to opt-out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must be sent within thirty (30) days from the date you first are presented with the arbitration agreement; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 12. If you opt-out of these arbitration provisions, Myriad also will not be bound by them.
I. Venue for Non-Arbitrable Disputes
If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Myriad agree to submit to the exclusive jurisdiction of the state and federal courts in Utah, and you and Myriad consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). Claims excluded from arbitration are subject to the venue clauses set forth in these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah without regard to its choice of law provisions, and the federal laws of the United States. Any action or proceeding arising under or relating to this Agreement shall be brought only in the courts of the State of Utah, or, if it has or can acquire jurisdiction, in the United States District Court for District of Utah. You consent to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world.
At Myriad’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the JAMS Rules applying Utah law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on any of the Services infringes a copyright owned by you, you (or your agent) may send Myriad a notice requesting that the material be removed, or access to it blocked. This request should be sent to: [email protected]; or, alternatively to: Myriad Genetics, Inc., Attn: Legal Department, 322 North 2200 West, Salt Lake City, Utah 84116 with subject line “DMCA Notice.”
The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity; (iv) the name, address, telephone number, and email address of the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Websites should be sent to the address above.
Myriad will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
The information and services included in or available through the Myriad Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Myriad may make improvements and/or changes to the Myriad Services at any time.
Myriad reserves the right, in its sole and absolute discretion, to update, change, terminate, suspend, modify, add, end, or delete the Services, in whole or in part, at any time with or without notice.
The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Myriad, access to the Services may be interrupted or suspended from time to time. Myriad shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.
Myriad may immediately suspend or terminate the availability of the Services, in whole or in part, to any individual user or all users, for any reason, in Myriad’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from Myriad, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
A. Severability; Interpretation; Assignment
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Myriad may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Myriad.
B. Complete Agreement; No Waiver
These Terms reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. Except as expressly set forth in these Terms, (A) no failure or delay by Myriad in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (B) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Myriad.
C. Forward-Looking Statements
The Securities and Exchange Commission encourages companies to disclose forward-looking information so that investors can better understand a company’s future prospects and make informed investment decisions. The Myriad Services contain such “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995.
Words such as “may,” “anticipate,” “estimate,” “expects,” “projects,” “intends,” “plans,” “believes,” and words and terms of similar substance used in connection with any discussion of future operating or financial performance, identify forward-looking statements. All forward-looking statements are management’s present expectations of future events and are subject to a number of risks and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. These risks and uncertainties include, among other things: our inability to further identify, develop, and achieve commercial success for new products and technologies; the continued acceptance and use of our existing products and technologies; the development of competing products; our ability to protect our proprietary technologies; patent-infringement claims; risk of new, changing, and competitive technologies and regulations in the United States and internationally; and other factors discussed under the heading “Risk Factors” in our most recent Annual Report on Form 10-K for the fiscal year ended June 30th filed with the Securities and Exchange Commission.
In light of these assumptions, risks, and uncertainties, the results and events discussed in the forward-looking statements contained in the Myriad Services might not occur. You are cautioned to not rely on the forward-looking statements. Myriad is not under any obligation, and expressly disclaims any obligation, to update or alter any forward-looking statements, whether as a result of new information, future events, or otherwise.
D. Investigations; Cooperation with Law Enforcement
Myriad reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Myriad may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
E. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree (A) that providing your sample is not subject to any export ban or restriction in the country in which you reside; (B) that your sample and data may be transferred and/or processed outside the country in which you reside; and (C) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country from which you access the Services online.
These Terms may be modified, in whole or in part, at any time, and for any reason, in our sole discretion, with or without liability to you or any third party. All changes to these Terms will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms by conspicuously posting the changes on the Services. Continued use of the Services after the effective date of such modified Terms will indicate your acknowledgement and agreement to be bound by the modified Terms. Each version of our Terms will be prominently marked with an effective date at the top of this page. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Services.
If you have any questions about the rights and restrictions above, please use the contact forms, phone numbers and/or email addresses listed on our Contact page.
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