Website Terms and Conditions of Use

NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND YOUR CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN THERANOS’ PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY POLICY, PLEASE DISCONNECT FROM, AND DO NOT USE, THIS WEBSITE.

  1. Ownership Rights

    This “Theranos Website”, located at theranos.com (and any subdomains thereof) and information provided by Theranos, Inc. (“Theranos”) at this website, is owned and operated by Theranos. The Theranos Website is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Theranos Website is transferred to you. No material from the Theranos Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by you, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon, the Theranos Website or any materials contained therein, in whole or in part. Theranos and all Theranos-based trademarks, service marks, and trade names used on the Theranos Website are proprietary to Theranos; all other referenced trademarks, product names and company names or logos included on the Theranos Website are the property of their respective owners. All rights not expressly licensed hereunder are reserved by Theranos.

  2. Warranty Disclaimer

    The Theranos Website and all elements thereof are provided on an "AS IS" basis without warranty of any kind, express or implied. THERANOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THERANOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THERANOS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THERANOS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THERANOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY of the Theranos website or any information or materials contained therein. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU, in which case, the foregoing shall be enforceable to the maximum extent permitted by applicable law.

  3. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, OR OTHERWISE), SHALL THERANOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF THERANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU, in which case, the foregoing shall be enforceable to the maximum extent permitted by applicable law.

  4. TERMINATION

    All rights to use the Theranos Website will terminate automatically if you fail to comply with any of the limitations or other requirements described in these Terms of Use. Upon termination, you must destroy all copies of any materials obtained from the Theranos Website.

  5. JURISDICTION

    Unless otherwise specified, the materials in the Theranos Website are presented solely for the purpose of promoting Theranos and its products. The Theranos Website is controlled by Theranos from its offices within the State of California, USA. Theranos makes no representation that materials in the Theranos Website are appropriate or available for use in other locations outside the United States. Neither the Theranos Website nor any underlying information or technology may be downloaded or otherwise exported or reexported: (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By using any element of the Theranos Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of, any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Theranos Website.

  6. MISCELLANEOUS

    These Terms of Use are governed by the laws of the State of California, without reference to conflict of laws principles. These Terms of Use, together with the Theranos Privacy Policy, set forth the entire understanding and agreement between you and Theranos with respect to the subject matter hereof and supersede any other communications with respect to the Theranos Website. Theranos may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Theranos may update these Terms of Use periodically by posting the amended Terms of Use on the Theranos Website. You can view the most current version of the Terms of Use at any time by clicking on the link labeled “Terms of Use”. If you continue to use the Theranos Website after any amended Terms of Use have been posted, by that continued use, you signify your acceptance of the Terms of Use, as modified. No provision hereof shall be deemed waived by Theranos unless such waiver shall be in writing and signed by a duly authorized representative of Theranos. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions of these Terms of Use shall continue in full force and effect. You and Theranos each confirm that it is your wish that this Agreement has been written in the English language only.

  7. Theranos CUSTOMER CONTACT

    If you would like to contact Theranos for any reason, please call (650) 838-9292; send a fax to: (650) 838-9165, Attention: Information Technology; send an email to: ; or write to: Information Technology, Theranos, Inc., 3200 Hillview Avenue, Palo Alto, CA 94304.