By accessing or using any portion of App, you hereby agree to these Terms and agree to comply with all applicable laws. Please read the Terms carefully before accessing the App Services.
If you do not understand these Terms, please contact us using the information below. If you do not agree to be bound by these Terms, you are not permitted to access, enter, or use any part of the App Services.
These Terms apply to all users of the App Services, including users who are also contributors of content, information, and other materials on and made available through the App Services. All references to “you,” “your,” or “user” as applicable, mean the person who accesses or uses the App Services in any manner, and, as applicable, each of your heirs, assigns, and successors, and any other users of such a user’s account by authorized individuals, such as the individual’s parents, guardians, caregivers, and other designated agents. If you have been authorized to, and are helping another user access, visit, or create an account on the our App or the App Services, these Terms constitute a legally binding agreement between both users respectively, including the helper and the person being helped, and CareDx.
By downloading the App or accessing, or using the App Services, you represent and warrant that you are at least eighteen (18) years old and able to form legally binding contracts under applicable law. If you are under the age of eighteen (18), please have your parent or guardian read and agree to these Terms. If your parent or legal guardian does not agree to (or cannot comply with) these Terms, you may not use or attempt to use App. If you are under eighteen (18), your parent or guardian must review and accept the terms of these Terms, and by downloading, accessing, and otherwise using the App Services, you confirm that your parent or guardian has so reviewed and accepted these Terms. We reserve the right to limit the availability to users under the age of eighteen (18) of certain content in the App Services, in our sole discretion.
Please note that the App Services may not be fully compatible with all devices and you are responsible for obtaining access to the Internet and the equipment necessary to use the App Services, including any service fees or equipment costs associated with such access.
The contents of the App Services, including text, graphics, images, links to third-party resources, and other material (“Content”), are for informational purposes only. If you rely on any Content, you do so solely at your own risk. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App Services. The App Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Your reliance on information available on or through the App Services is entirely at your own risk and your use of such information should not replace your good judgment and common sense.
We recommend that you consult with a qualified Health Care Provider with respect to any matter relating to your physical or mental health, especially symptoms that may require diagnosis or medical attention. Only a qualified Health Care Provider can provide you with advice on what is safe and effective for you. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. CareDx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information posted on the App. Reliance on any information provided on the App Services, whether posted by CareDx or other users of the App Services, is solely at your own risk.
Users may access the App Services without registering for an account. However, to access and participate in certain features of the App Services, including to submit, upload, or otherwise make available Content, you will need to create a password-protected App account (“Account”). If you want to use those aspects of the App Services, then you shall provide the CareDx with true, accurate, complete, and current registration information. When you register for an account, you may do so yourself or by an authorized agent of a user. Please note that the App Services supports various categories of users, including users may be Transplant Patients, parent or guardians of a Transplant Patient, Transplant Buddies (e.g., friends and family of patients), as well as support users, including Transplant Coordinators and Patient Care Managers. As such, the registration process for each category of user may vary. For example, Transplant Patient may register for the App Services directly, whereas Transplant Buddies are invited to register, and thereby participate in the App Services, by the Transplant Patients if applicable or they make the decision for the Transplant Patient to participate in their capacity as an authorized agent or guardian of the Transplant Patient.
The App Account and App profile page will be created for your use of the App based upon the information you provide to us or that we obtain via a Third-Party Account as described above. You may also link your App Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to CareDx through the App; or (ii) allowing CareDx to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. By granting CareDx access to any Third-Party Accounts, you authorize CareDx to access, make available any Content that you have provided to and stored in your Third-Party Account (“Third-Party Account Content“) depending upon the privacy settings you have set within such Third-Party Account. Third-Party Account Content may be made available in your App Account and App profile page. Unless otherwise specified in these Terms, all Third-Party Account Content will be considered to be User Content for all purposes of these Terms.
You have the ability to disable the connection between your App Account and your Third-Party Accounts, at any time, by accessing the Settings area of your App Account. Your relationship with the third parties associated with your Third-Party Accounts is governed solely by your agreements with such third parties. CareDx is not responsible for and does not review any Third-Party Account Content for any purpose, including but not limited to for legality or non-infringement. You represent that you are entitled to disclose your Third-Party Account login information to CareDx and/or grant CareDx access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating CareDx to pay any fees or subjecting CareDx to any usage limitations imposed by such third parties.
If you are a parent or guardian, you may also use the App to establish a user account for a minor under the age of thirteen (13). You, acting as the parent or guardian of a minor under the age of thirteen (13) are solely responsible for providing supervision of the minor’s use of App and any App Services and you assume full responsibility for ensuring that the child’s registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information provided through the App and the App Services for the minor. If you do not agree to (or cannot comply with) these Terms, you may not use or attempt to use the App or the App Services. If you are aware of anyone that does not comply with these limitations, please contact us at email@example.com.
You are solely responsible for safeguarding your App Account password and, if applicable, your Third-Party Account password. You are solely responsible for all activity that occurs on your Account. You agree to notify CareDx immediately of any unauthorized use of your Account. CareDx is not liable for any losses by any party caused by an unauthorized use of your Account, or other account related security breach of which you become aware, such as theft, unauthorized use, attempted use, or tampering. Notwithstanding the foregoing, you may be liable for the losses of CareDx or others due to such unauthorized use of your Account.
As part of your use of the App Services, you may receive notifications, text messages, calls, alerts, emails, and other electronic communications that are automatically dialed or pre-recorded. We and our partners and affiliates may need or want to send you certain communications, such as marketing communications, service announcements, and administrative messages. You consent to receive such communications and agree that any such communications that we send to you shall be legally effective when sent. You agree that any notices sent by us by email satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept this Agreement.
You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, we will provide you with paper copies of all documents and records upon request. You may do so by contacting us at the phone number or email address provided under the “Contact Us” section at the end of these Terms. If you withdraw your consent, we reserve the right to terminate our agreements with you. To receive or access the notices we send via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (“PDF”). To retain the notices we send you, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your email address for notification purposes at any time by contacting us at the phone number or email address provided under the “How to Contact Us” section at the end of these Terms.
If you opt in to receive SMS text messages, CareDx may send you communications via text message, including, for example, medication reminders and other information to support your use of the App Services. If you would like to use this option, you must provide CareDx with cellular phone number and verify that number using a texting a code provided by CareDx. After opting in to receive SMS text messages, subject to the terms and conditions of your mobile carrier, you will receive text messages sent to your mobile phone. CareDx does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. By providing your consent to receive SMS text messages in connection with the App Services, you approve any such charges from your mobile carrier. CareDx reserves the right to terminate sending SMS text messages, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. By providing your consent to receive text messages, you approve any such charges from your mobile carrier. To stop receiving text messages, text STOP, STOP ALL, END, QUIT, CANCEL, or UNSUBSCRIBE to the number from which you received the text message. If you have any questions or need help, reply to received text messages with SUPPORT. If you change your telephone number, you agree to promptly notify CareDx.
PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
You acknowledge and agree that using the App Services may require access to the internet via your wireless carrier, internet service provider or other method of internet access, and that access to the App Services may not be available if you do not have an internet connection or for other reasons. You acknowledge and agree that by using the internet to use the App Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the App Services will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
You acknowledge and agree that you are solely responsible for all User Content that you post. You also represent and warrant that: (a) you are either the sole and exclusive owner of all User Content that you post or you have all rights, licenses, consents and releases that are necessary to grant to CareDx the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content, your posting of the User Content, or CareDx’s use of your User Content (or any portion thereof) on, through or by means of the App Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. CareDx reserves the right to modify or adapt User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, App Services or media.
You also represent, warrant and agree that you will not post Content that: (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission; (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (h) is or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way.
You warrant that you will not use the App Services for any purpose that is unlawful or prohibited by these Terms and accessing or using the App Services, you agree to comply with all applicable laws, rules, and regulations. Without limitation, you warrant that you shall not, and shall not permit any third party, directly or indirectly:
a. use the App Services for any unlawful purposes or for promotion of illegal activities;
b. upload or post any User Content in violation of the provisions contained in the “User Content” License section above;
c. use the App Services for the purpose of spamming anyone;
d. use the App Services in any manner that could damage, disable, overburden, or impair the App or any user of the App Services, or interfere with any other party’s use of the App Services, or interfere with or damage any third party sites or system;
f. access or tamper with non-public areas of the App Services or CareDx’s computer systems or those of its service providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, or reverse look-up, trace or seek to obtain any information on any other user of the App Services, including for purposes of revealing information, including but not limited to personal or health information, other than your own information as provided for by the App Services;
g. use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the App Services for any purpose without CareDx’s prior written approval; provided, however, that public search engines may use spiders or robots to copy materials from the App Services for the sole purpose of creating publicly-available searchable indices of the materials (but not caches or archives of any such material, and CareDx reserves the right to revoke these exceptions either generally or in specific cases);
h. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App Services to send altered, deceptive or false source-identifying information;
i. use the App Services in any manner that could damage, disable, overburden, or impair the App or any user of the App, or interfere with any other party’s use of the App Services, or interfere with or damage any third party sites or systems; or
j. interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the App Services.
CareDx is not obligated to monitor access or use of the App Services, its Content, or User Content, but we have the right to do so to operate the App Services, ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
CareDx reserves the right, at any time and without prior notice, to suspend or deactivate your account or your access to certain aspects, including remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App Services or Users, or for any other reason. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us using the information in the “Contact Us” section below.
Subject to your compliance with these Terms, CareDx grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the App Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Content or App Services, except as expressly permitted in these Terms. The App Services and Content are provided to you AS IS. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CareDx or its licensors, except for the licenses and rights expressly granted in these Terms.
App Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, CareDx and its licensors exclusively own all right, title, and interest in and to the App, App Services and App Content and all technology underlying the same, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of CareDx used herein are trademarks or registered trademarks of CareDx. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
CareDx will treat any suggestions, questions, comments, data, materials or the like, other than personally identifiable information (collectively, the “Feedback”) sent to CareDx as non-confidential and non-proprietary information. By providing Feedback to CareDx through the App Services, you represent and warrant that you have the legal right to provide such Feedback and that it will not infringe any third party rights. You are solely responsible for all Feedback that you upload, post, or otherwise transmit via the App Services. CareDx shall have no obligation of any kind to you or a third party with respect to such Feedback. You agree that CareDx shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration to you or a third party. You further agree that, although CareDx shall have no obligation to do so, CareDx shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party’s consent, including but not limited to developing, manufacturing and marketing products and services.
User shall comply with all applicable laws, rules, regulations, and guidance when using the App Services. This includes, but is not limited to, privacy laws of the United States and the country of the User, as well as any specific restrictions associated with any uploaded data or usage of any data or information resulting from User’s use of the App Services.
The App Services are controlled and operated from the United States. CareDx makes no representation that the App Services are appropriate or available for use in locations outside of the United States and accessing the App Services is prohibited from territories where such App Services are illegal. If you are outside of the United States and access the App Services or submit your Personal Information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit our App, use the App Services, or contact us from outside of the United States, please be advised that (1) any information you provide to us or that we automatically collect will be received in the United States and may be transferred to other jurisdictions; and (2) that by using our App Services or submitting information, you explicitly authorize its processing in the United States and subsequent transfers outside the United States. If we transfer your Personal Information outside the United States, we take steps to protect your Personal Information as required under applicable law.
Please note, other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. The App Services may contain information brought to you by third parties or through links to other apps, functions, or websites, including links to other Apps, some of which may be hosted from outside the United States.
We expect Users to respect copyright law. In appropriate circumstances we will terminate the access to the App Services of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders or remove or disable access to Content that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
To comply with the Digital Millennium Copyright Act (contained within Title 17, U.S. Code) (the “DMCA”), CareDx has adopted and implemented a policy that provides for the prompt removal of Content that allegedly infringes others’ intellectual property rights. If you believe that your work has been used on the App Services in any manner that constitutes copyright infringement, please notify CareDx’s copyright agent by written notice. The notice should include the following information:
CareDx’s copyright agent for notice of claims of copyright infringement on the App Services is:
Title: CareDx Copyright Agent
Address: 1 Tower Pl 9th floor, South San Francisco, CA 94080
If you receive a notification from CareDx that Content made available by you on or through the App Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide CareDx a “Counter Notification.” A Counter Notification must be written, provided to our Designated Agent via a method identified above, and include substantially the following information:
A party submitting a notice of claimed infringement or a Counter Notification should consult a lawyer or see 17 U.S.C. §512 to confirm your obligations under the Copyright Act.
Under the DCMA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages. CareDx reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
CAREDX MAKES NO WARRANTY AS TO THE APP SERVICES OR THE CONTENT. USE OF THE APP SERVICES IS AT USER’S OWN RISK, AND USER AFFIRMATIVELY ACCEPTS, ON BEHALF OF USER AND ON BEHALF OF ANY INSTITUTION OR ORGANIZATION WITH WHICH USER IS AFFILIATED, THESE RISKS WITH EACH USE. THE APP SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
CAREDX DOES NOT WARRANT THAT THE APP SERVICES, CONTENT, OR OPERATION THEREOF WILL BE SECURE, ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE. CAREDX MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THE APP SERVICES SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS, CLEARANCE FOR USE ON PATIENTS, OR ANY OTHER GOVERNMENTAL REGULATION. CAREDX MAKES NO WARRANTIES REGARDING ANY THIRD PARTY CONTENT, APPLICATIONS, PROGRAMS, OR DATA ON THE APP SERVICES OR CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CAREDX MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE APP SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED AND ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No agent or representative of CareDx has the authority to create any warranty regarding the App Services or Content on behalf of CareDx. CareDx reserves the right to change or discontinue at any time any aspect or feature of the App Services.
TO THE FULLEST EXTENT PERMITTED, CAREDX DISCLAIMS ALL WARRANTIES. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL CAREDX, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE APP SERVICES OR CONTENT, OR ANY FAILURE OR DELAY IN, OR ANY INABILITY TO USE THE APP SERVICES OR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY AGREES THAT NEITHER CAREDX NOR ANY LICENSOR, SUPPLIER, CONTRACTOR, SUBCONTRACTOR, OR INFORMATION PROVIDER TO CAREDX OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO ANY USER OR ANY THIRD PARTIES FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE APP SERVICES. SHOULD THIS PROVISION BE UNENFORCEABLE, THE PARTIES AGREE THAT LIABILITY OF CAREDX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THEIR SUCCESSORS AND ASSIGNS, IS CAPPED AT THE AMOUNT USER HAS PAID FOR THE USE OF THE APP SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY OTHER PARTY.
User agrees to defend, indemnify, and hold harmless CareDx, any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, with any of their respective board members, officers, directors, and employees, against any damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of a claim by CareDx or any third party relating to: (a) your use or misuse of, or access to, the App Services, Content or otherwise from your User Content; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable federal, state or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CareDx reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CareDx in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and CareDx agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with CareDx as follows:
User agrees that these Terms constitute an agreement entered into between User and CareDx in California, and is performed within California. User agrees that these Terms are governed by and will be construed in all respects under the laws of the state of California, exclusive of its choice of law or conflicts of law provisions. In any claim or action directly or indirectly arising under these Terms or related to the App Services, User irrevocably agrees to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving San Mateo County, California. User waives any jurisdictional, venue, or inconvenient forum objections to such court.
If any provision of these Terms is held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.
Except as otherwise stated herein, these Terms constitute the entire agreement between User and CareDx relating to the access and use of the App Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CareDx and you regarding the App Services and Content. User may not modify these Terms. Anything contained in the App Services or Content that is inconsistent with or conflicting with the terms of this agreement is superseded by these Terms.
CareDx reserves the right, in its sole discretion, to modify these Terms and any other documents incorporated by reference herein, and the App Services at any time and without prior notice. When we update these Terms, we will post a new Effective Date. If we make material changes that would impact your use of the App Services, we will endeavor to notify you of the changes prior to the changes taking effect, such as by posting a notice directly on the App Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. Continued use of the App Services constitutes your acceptance to such modifications. Your use of the App after such modifications are posted shall constitute your consent to the changes. If you do not agree, you may not access or use the App Services.
Additional terms may apply to certain features of the App Services, and we will notify you of any additional terms prior to your use of such features on the App Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.