Terms of Use

Effective Date: 2018-11-27

Terms of Use

The following terms apply to all websites, domains, services, applications, and products ("Websites") owned and operated by Myriad Genetics, Inc. and its subsidiaries, collectively ("Myriad").

The materials on all Myriad Websites are provided by Myriad as a service to its customers and the general public and shall be used for informational purposes only. BY ACCESSING THESE SITES AND/OR DOWNLOADING MATERIALS FROM THESE SITES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OR DOWNLOAD ANY MATERIALS FROM THESE SITES.

Use of Personally Identifiable Information

Information submitted to Myriad through our Websites is governed according to the Myriad Genetics, Inc. Website Privacy Policy.

No Unlawful or Prohibited Use

As a condition of your use of the Myriad Websites, you agree to not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Websites in any manner which could damage, disable, overburden or impair the Websites or interfere with any other party's use and enjoyment of the Websites. No content from these sites may be downloaded or otherwise exported in violation of United States law.

Personal and Non-Commercial Use

The Myriad Websites are for your personal and non-commercial use. The Websites and their 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 Websites.

Our Websites 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.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to our Websites are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication of any such matters or any part of our Websites, except as specifically allowed below, is strictly prohibited. You do not acquire ownership rights of any content, document or other materials viewed through our Websites. The posting of information, content or materials on our Websites 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.

Trademarks

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 Myriad Websites 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 Websites Do Not Provide Medical or Professional Services Advice

Much of the information contained in the Myriad Websites 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 Websites 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, consultation or the advice of your healthcare professional or other qualified health care provider. Should you have any health care related questions, please consult with your healthcare professional or other qualified health care provider promptly. The information contained in the Websites is compiled from a variety of sources ("Information Providers"). Neither the Websites nor the Information Providers directly or indirectly practice medicine, render medical advice or dispense medical services as part of the Websites.

No Warranties

MYRIAD MAKES NO REPRESENTATIONS NOR 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. ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MYRIAD HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

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 WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES 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 WEBSITES, OR WITH ANY OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

Indemnification

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 of Use; or (ii) your activities in connection with the Site.

Governing Law, Submission to Jurisdiction and Venue

These Terms of Use 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 of Use or the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association 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.

Notice of Copyright Infringement – DMCA Notice

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 these Websites 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: privacy@myriad.com; or, alternatively to: Myriad Genetics, Inc., Attn: Privacy Officer, 320 Wakara Way, Salt Lake City, UT 84108.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) 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 (f) 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.

Updates

The information and services included in or available through the Myriad Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Myriad may make improvements and/or changes to the Myriad Websites at any time.

Myriad may revise these Terms of Use at any time. Certain provisions of these terms may be modified or superseded by legal notices or other terms located on particular pages within the Myriad Websites. You are responsible for regularly reviewing these Terms of Use.

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 Websites 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 statement. 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 Websites 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.

Contact Information

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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Genome Medical Virtual Care

These Terms of Use (“Terms”) apply to your use of the services provided by Genome Medical (collectively, “Genome Medical”, “we” or “us”) relating to the oversight of laboratory tests provided by Myriad Genetics (“Test”), including, without limitation, review of Test requests, receipt of Test results (“Results”), genetic counsellor outreach, any customer support or counseling and any other related services provided by Genome Medical or its service providers and partners (the “Services”). In these Terms, the terms “you” and “yours” refer to the person accessing and/or using the Services. Genome Medical is not responsible for laboratory services, the provisions of the Test or any other services provided through or in connection with the Myriad Genetics website.

Your use of the Services is subject to any additional terms and polices and any consents, that we may make available to you from time to time.

By using the Services, you acknowledge that you have read, understood and agree to be legally bound by and comply with these Terms, and any and all additional terms and policies. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

Services

Genome Medical does not provide medical advice and the Services are provided solely for informational purposes, and do not constitute treatment or diagnosis of any condition, disease or illness. Physicians engaged by Genome Medical to assist in the delivery of the Services do not and will not prescribe or order any drugs or other therapies, or provide any diagnosis, in connection with the Services. Services do not replace your existing relationships with your primary care or family physician or other health care providers. You are solely responsible for forwarding any Results to your primary care or family physician and for initiating follow up with such physician for care, diagnosis or medical treatments. Genome Medical will not forward your Results to your family physician. You should not make medical decisions without consulting with a physician. Do not disregard medical advice from your healthcare provider or delay seeking such advice based on the information obtained as a result of your use of the Services. The Services are not intended to make a medical necessity determination.

By accepting the Terms, you understand that Genome Medical may send you messages, reports and emails regarding the Services, Tests, Results, and/or any personal or health information you have provided in connection with the Services. You further understand and agree that it is your responsibility to monitor and respond to these messages, reports, and emails.

Eligibility

The Services are not intended or designed for individuals under the age of 18 or under the age of majority in their jurisdiction of residence. By using the Services, you confirm that you are age 18 or over the applicable age of majority in your jurisdiction of residence.

The Services may only be accessed by individuals over the age of 18 and who are located and residing in the United States. However, the Services may not be available in certain U.S. states or territories. You will be notified if the Services are not available in the state or province/territory in which you are located. You agree that any and all data you provide or make available in connection with the Services shall relate only to users located in the United States. By using the Services, you confirm that you are (i) at least 18 years old and (ii) located in the United States when you receive the Services. You shall not access the Services outside of the United States and Myriad Genetics and Genome Medical disclaim any responsibility for any attempt by you to do so.

You agree that any data submitted or provided by you or on your behalf in connection with the Services is truthful, accurate, and appropriate. You agree that the Services that you request are for your own personal use and that you will not attempt to order a Test for another person.

You may be ineligible to receive Genome Medical Services, or the Test may not be recommended for you, based on the information that you provided or otherwise, and you will be notified if this is the case.

Payment

Myriad Genetics will collect your payment for the Services on behalf of Genome Medical. Genome Medical reserves the right to change prices in our sole discretion at any time; however, the Myriad Genetics website will reflect then-current prices.

The Services are paid for by you and are not intended to be reimbursed by any health insurance plan. Genome Medical does not submit or process insurance paperwork or claims for the Services provided within the scope of this agreement unless otherwise stated.

By continuing with the Services, you understand and agree that you are responsible for paying all fees associated with the Services being offered through Genome Medical at the rates stated on the Myriad Genetics website. The fees associated with the Services do not include fees associated with the Test, which are billed separately by Myriad Genetics. For more information about Myriad Genetics’ Test fees, please visit https://myriadpromise.com/ While we are aware that some health insurance plans may offer coverage for certain services, the medical providers and affiliated professional entities providing Services have not contracted with any health insurance plans to make these services available. Accordingly, you agree to pay Genome Medical directly for the Services provided to you. You may request that Genome Medical provide you with a detailed accounting of the Services provided to you. This information may enable you to obtain reimbursement for your out-of-pocket expenses from your health insurer. However, the terms and conditions of coverage for services and testing vary by plan, and the Services offered by Genome Medical may not be eligible for coverage or expense reimbursement.

Test Request Review

Genome Medical affiliated independent physicians review Test requests and determine whether testing is appropriate for you. All Services provided by physicians or genetic counselors shall be provided through Genome Medical virtual care services.

If you are deemed ineligible to proceed with the Test based on Genome Medical’s review of your Test request(s), your payment made for Genome Medical’s Services will not be refunded.

Genetic Counseling

A Genome Medical genetic counselor may contact you prior to the Test or Test Authorization to obtain additional information to determine if the Test is appropriate for you. You may contact the Genome Medical team either before or after the Test at the contact number provided below.

Contact Genome Medical

Phone Number: (877) 688-0992
Address: 701 Gateway Blvd, Suite 380
South San Francisco, CA 94080
Email Address: clinical@genomemedical.com

Changes to our Terms

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 Myriad Genetics website. 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. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 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.