Invitae Terms of Use

Access to certain areas of our Websites is limited by a user identifier (“User ID”) and password, which are selected and/or supplied as part of the registering for a service account with Invitae.

By registering, you represent, warrant and covenant that:

you are at least 18 years of age; you are using your actual identity; you have provided only true, accurate, current and complete information about yourself during the registration process; you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and you will have obtained registration and will use our Websites only for the activities permitted by such registration. By logging onto our Websites using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through our Websites. Your User ID and password are unique to you, and you agree not to disclose or share Your User ID and password with any third party.

You further agree not to:

1. gain or attempt to gain unauthorized access to any portions of our Websites where access is restricted to registered users or to information contained in such sections of our Websites;
2. obtain or attempt to obtain confidential, proprietary and/or personal information stored on our Websites;
3. distribute passwords to unregistered or unauthorized users; or
4. make any unauthorized use of our Websites or information accessible on our Websites.
5. Invitae reserves the right to deny or revoke access to our Websites, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify Invitae immediately.

ALL CONTENT ON OUR WEBSITES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INVITAE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

Invitae makes no warranty as to the accuracy, completeness, currency or reliability of any content available through our Websites. You are responsible for verifying any information before relying on it. Use of our Websites and the content available on our Websites is at your sole risk. Invitae makes no representations or warranties that use of our Websites will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from our Websites is free of viruses.

Disclaimer of Medical Advice
You understand and acknowledge that you are responsible for your own medical care, treatment, and oversight. All of the content provided on our Websites, including text, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, forum postings, are for informational purposes only and are not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. Our content is not intended to establish a standard of care to be followed by a user of our Websites. You understand and acknowledge that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information featured on or transmitted through our Websites.

Our Websites may contain information regarding research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by Invitae of the study, trial, or treatment. Invitae assumes no responsibility for informing users regarding any such studies, trials, and treatments and makes no guaranty as to the completeness or accuracy of such information. Invitae also assumes no responsibility for connecting any user with the provider of a research study, clinical trial or clinical treatment. Furthermore, Invitae assumes no responsibility for ensuring the qualification of a user or participation of any user in any such study, trial or treatment. It is the responsibility of each user to contact the relevant investigators and pursue participation in a study, trial or treatment.

INVITAE SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR WEBSITES. INVITAE EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR WEBSITES, EVEN IF INVITAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR WEBSITES, THE INABILITY TO USE OUR WEBSITES OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR WEBSITES.

You agree to indemnify, defend and hold Invitae 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; or (ii) your activities in connection with our Websites.

By submitting any communication or material to Invitae (other than PIN Submissions as defined below), you agree that:

1. if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
2. you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
3. such content will be deemed non-confidential; and
4. you grant to Invitae a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with the Invitae Privacy Policy, and waive any moral rights you may have in such content. Subject to the Invitae Privacy Policy, Invitae shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.

By submitting any information to the PIN, you acknowledge and agree that such submitted content (each submission individually, and all submissions, collectively, referred to herein as the “PIN Submission”) may be available for viewing by other registered users or to affiliates, service providers or other business partners of Invitae, AS DE-IDENTIFIABLE DATA ONLY, for research, statistical, study, and evaluation purposes. Notwithstanding the foregoing, however, Invitae makes no representation or guaranty that your profile or provider information will be reviewed. You grant to Invitae a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such de-Identified information via any media in accordance with the Invitae Privacy Policy, and waive any moral rights you may have in such de-Identified information (in whole or in part) worldwide, in accordance with the Invitae Privacy Policy.

It is the policy of Invitae to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Invitae, our affiliates, related companies or our licensors or joint venture partners, unless otherwise noted. All content of our Websites, including any images or text, is protected by the US and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of our Websites for your informational, non-commercial use. Except as provided herein, no part of any content or software on our Websites may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Invitae. The use or misuse of Invitae’s trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

Our Websites are controlled and operated by Invitae. Invitae makes no representation that materials in our Websites are appropriate or available for use in all locations worldwide. Access to our Websites from jurisdictions where the contents of our Websites are illegal or penalized is prohibited.

If you are a non-US user, you acknowledge and agree that Invitae may collect and use your information and disclose it to other entities outside your resident jurisdiction as described in Invitae’s Cookie Policy. In addition, such information may be stored on servers located outside your resident jurisdiction. US law may not provide the degree of protection for information that is available in other countries. By agreeing to our Cookie Policy, you acknowledge that you consent to the transfer of such information outside your resident jurisdiction to the US or other jurisdictions with different, and in some cases, lower levels of protection for your information. To learn more, please refer to our Cookie Policy. If you do not consent to such transfer, you may not use our Websites.

Invitae may terminate your use of our Websites or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from our Websites and all copies thereof. The provisions of these Terms concerning website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of our Websites is terminated pursuant to these Terms, you will not attempt to use our Websites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Invitae reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using our Websites, including the right to block access from a particular Internet address to our Websites.

By choosing to visit our Websites or otherwise provide information to Invitae, you agree that any dispute over your use of our Websites or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Websites in the federal and state courts of San Francisco County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

You agree that any cause of action you may have with respect to use of our Websites must be commenced within one (1) year after the claim or cause of action arises.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Our Websites may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third-party pages and expressly disclaim liability for all third-party information and the use of it.

The Invitae Privacy Policy, as it may change from time to time, is a part of these terms and conditions for using our Websites and is incorporated herein by this reference. Invitae reserves the right, and you authorize Invitae, to the use and assignment of all information regarding your use of our Websites and all information provided by you in any manner consistent with the Invitae Privacy Policy.

It is the sole responsibility of the user to secure all necessary rights and permissions before downloading, reproducing, modifying, distributing, or otherwise using user-submitted content. If a user or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide Invitae with the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. 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.