Effective Date: 2018-11-27
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.
Information submitted to Myriad through our Websites is governed according to the Myriad Genetics, Inc. Website Privacy Policy.
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.
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.
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.
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.
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.
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.
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.
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.
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 Office, 322 North 2200 West Salt Lake City, UT 84116
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.
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.
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.
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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