Last Updated: March 20, 2021
Welcome, and thank you for your interest in GRAIL, LLC (with its subsidiaries, “GRAIL,” “we,” or “us”) and our website at www.galleri.com (our “Site”).
These legally binding Terms of Service (“Terms”) and all applicable laws, statutes, and/or regulations (“Applicable Laws”) apply to your access and/or use of GRAIL’s Site. The information provided on our Site is for general information and educational purposes and is subject to these Terms. GRAIL may revise these Terms from time to time by updating this posting, and you should review these Terms for updates as they will be legally binding on you whether or not we provide you with any other notice of such updates. We will indicate the effective date of the currently applicable Terms at the beginning of the posting. Any use by you of our Site after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. Certain sections of our Site are intended for particular audiences including customers, prospective employees, members of the health care community and the general public.
You must be at least eighteen (18) years of age to access and/or use our Site. You are required to accept the Terms completely and, once accepted, they form a binding contract between you and us. If you do not accept these Terms completely, then you must not access, use, or continue to use our Site. Your access or use of our Site indicates your acceptance of these terms, and your representation that you are at least eighteen (18) years of age or older.
Your use of, and participation in, certain services provided by GRAIL may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be presented to you for your acceptance when you sign up to use the supplemental service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service.
Disclaimer of warranties and limitation of liability
GRAIL maintains our site as a service to the internet community. Our site is designed to provide general information about the subject matter presented.
All information is provided “AS IS.” GRAIL makes no warranties or representations as to the accuracy of information presented on our Site or that it will meet your requirements, and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by Applicable Laws.
In addition, any information presented on our Site as of a particular date may only be accurate as of such date and GRAIL disclaims any responsibility to update such information. GRAIL shall not be held responsible for any action taken that is based on the information presented on our Site, and all users of our Site agree that all access and use of our Site, and any and all content presented on our Site, is at the user’s own risk.
Any communication or material you transmit to GRAIL via our Site or Internet electronic mail is transmitted by you on a non-confidential basis. GRAIL makes no promise, express or implied, not to use such communication or material for any purpose whatsoever to the fullest extent permitted by Applicable Laws, including reproduction, publication, broadcast, and posting.
To the fullest extent permitted by Applicable Laws, neither GRAIL nor any of its agents or affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether based on contract tort or otherwise, even if foreseeable, arising out of user’s access, use, or inability to use this GRAIL website, or any errors or omissions in the content of this GRAIL website.
No patient or client relationship; no medical advice
Our Site does not, and is not intended to, provide medical advice, nor does it provide instruction on the appropriate use of any GRAIL product. Your use of our Site does not create a patient or client relationship between you and GRAIL. The information presented on our Site should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider. You should not disregard, avoid or delay obtaining medical advice or treatment from your doctor or healthcare provider due to any information provided on our Site. Under no circumstances should you alter your existing medical treatment, medication regimen, or any other related healthcare activities based on any information provided on our Site. It is important that you discuss your treatment options and any questions that you may have with your doctor or healthcare provider. If you require urgent care, you should contact your local emergency services immediately. Our Site 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 GRAIL of the study, trial, or treatment. GRAIL 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. It is the responsibility of each user to request their doctor to contact the relevant investigators and pursue participation in a study, trial, or treatment.
GRAIL shall not be held responsible for any action taken that is based on the information presented on our site. GRAIL 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 site, even if GRAIL has been advised of the possibility of such damages, included but not limited to reliance by any party on any content obtained through the use of our site, the inability to use our websites, or any errors of omissions in the content of our site.
News and press releases
Our Site may contain information, news, and/or press releases, the content of which is accurate or current only as of the date of the particular information, news, press release, or posting. GRAIL does not update press releases once they have been made public.
GRAIL reserves the right, at any time, to modify, suspend, or discontinue our Site (in whole or in part) with or without notice to you. You agree that GRAIL will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Site or any part thereof.
No support or maintenance
You acknowledge and agree that GRAIL will have no obligation to provide you with any support or maintenance in connection with our Site.
Intellectual property: copyrights and trademarks
The GRAIL company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of GRAIL, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks without the written permission of GRAIL is prohibited. Neither these Terms (nor your access to our Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. GRAIL and its suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The entire content of our Site, including any images, text graphics, videos, and other data, is protected by copyright. In consideration for your agreement to these Terms, GRAIL grants you a personal, non-exclusive, non-transferable license to access and use our Site. You may download material from our Site only for personal, non-commercial use, and our Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of GRAIL. It is the policy of GRAIL to enforce its intellectual property rights to the fullest extent permitted under law. GRAIL expressly prohibits use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, and any such use or misuse may violate copyright law, trademark law, communications regulations and statutes, and other Applicable Laws.
Restrictions on use
You agree not to: (i) sell, lease, license, or sublicense our Site or any of the content accessible through our Site; (ii) decompile, disassemble, or reverse engineer our Site, in whole or in part; (iii) write or develop any derivative work based upon our Site or anything else accessible through our Site; (iv) use our Site in violation of any Applicable Laws or these Terms; (v) use our Site for purposes of competitive analysis of our Site, the development of competing products or services, spamming or to promote or facilitate disruptive commercial messages or advertisements, or any other purpose that is to the commercial disadvantage of GRAIL; (vi) retrieve, index, scrape, harvest, data mine, or otherwise systematically gather or store content of our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vii) send or otherwise transmit to or through our Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, obscene, offensive, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials; (viii) attempt to gain unauthorised access to any part of our Site or any server, computer, or database connected to our Site; (ix) use our Site in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity; (x) use our Site to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious, or harmful code or use any items of a destructive nature; or (xi) copy, reproduce, distribute, republish, download, display, post or transmit any part of our Site in any form or by any means, except as expressly stated herein. Unless otherwise indicated, any future release, update, or other addition to functionality of our Site shall be subject to these Terms. All copyright and other proprietary notices on our Site (or on any content displayed on our Site) must be retained on all copies thereof.
Notice of copyright infringement
If you believe that any content on our Site infringes on any copyright which you own or control, or that any link on our Site directs users to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below. Notifications should include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to us at email@example.com.
You acknowledge and agree that all information, material, comments, and all other content uploaded, posted, or transmitted by you through or to our Site (“Information”) is your sole responsibility. You agree that: (1) your Information is true, complete, accurate, and non-infringing of any other person’s rights and you will promptly update or correct any Information on becoming aware of any errors or inaccuracies and will provide us with such assistance as we may reasonably require to identify and remedy any unauthorized use of Information; (2) you have elected to transmit through, or otherwise upload material to, our Site in your sole discretion and you are solely responsible for any claims or allegations contained in any Information transmitted or uploaded; (3) we may in our absolute discretion at any time and without notice to you remove, cause to be removed, or decline to display any Information on our Site; and (4) we will be under no obligation to monitor or censor Information that appears on our Site, but we reserve the right to do so.
By transmitting or uploading any Information on our Site you hereby grant to GRAIL, free of charge and on a non-exclusive basis, a perpetual, royalty free, transferable license to use the Information in any way, in and on any media, including the right to modify and adapt the Information. You warrant that any Information transmitted through, or uploaded to, our Site complies with these Terms and you will be liable to GRAIL for any loss or damage we suffer as a result of a breach of this warranty.
To the fullest extent permitted by Applicable Laws, GRAIL accepts no responsibility for any Information. If you become aware of any Information which contravenes or potentially contravenes the Terms, please let us know by emailing firstname.lastname@example.org. We reserve the right to disclose your identity to any party claiming Information transmitted by you through, or uploaded by you to, our Site constitutes a violation of their intellectual property rights or of their right to privacy.
Third party websites and other applications
Our Site may include hyperlinks to websites, plug-ins and applications maintained or controlled by other third parties. GRAIL disclaims any responsibility for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered through these websites, plug-ins and applications. GRAIL may provide tools that enable you to export information to third party services, including through our implementation of third party interfaces (such as “like” or “share” buttons to export information to social media websites). To the maximum extent permitted by Applicable Laws, by using one of these tools you agree and consent to our transfer of your information to the applicable third-party service. On accessing such third-party services, you become subject to the terms of conditions imposed by the operator of such service. Third party services are not under our control, and we disclaim any responsibility for any third party service’s use of your exported information. If you do not wish to export your information, do not use the third party interface or the third party service. The third-party service may also contain links to third-party websites. Linked third-party websites are not under our control, and we hereby disclaim any responsibility for their content.
Each of the provisions of these Terms operates separately. If one or more provisions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect. Without limiting the generality of the preceding sentence, if any remedy set forth in these Terms is determined to have failed of its essential purpose, then all other provisions of these Terms, including the limitation of liability and exclusion of damages shall remain in full force and effect.
Choice of law
If you are based within the United States of America, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms. If you are based In the United Kingdom (“UK”), or are interacting with GRAIL BIO UK LIMITED, English law will apply to any disputes arising out of or relating to these Terms.
No third party beneficiaries
Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party. GRAIL may transfer its rights and obligations under the Terms to another organization. You may only transfer your rights or obligations under the Terms to another person if we agree to this in writing.
To the maximum extent permitted by Applicable Laws, you agree to indemnify, defend, and hold harmless GRAIL, its officers, directors, employees, agents, trustees, subsidiaries, parent companies, and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Site; (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without the prior written consent of GRAIL. GRAIL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms are effective unless and until terminated by either you or GRAIL. You may terminate the Terms at any time, provided that you discontinue any further use of our Site. We also may terminate the Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to our Site. GRAIL will not have any liability whatsoever to you for any termination of your rights under these Terms.
The communications between you and GRAIL use electronic means, whether you use our Site or send us emails, or whether GRAIL posts notices on our Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GRAIL in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Grail provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
These Terms constitute the entire agreement between you and us regarding the use of our Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GRAIL’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GRAIL may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.