TERMS OF USE - BillionToOne

Agreement to Terms of Use

THESE TERMS OF USE (“TERMS OF USE” OR “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND BILLIONTOONE, INC. (“BILLIONTOONE”, “WE”, “US”, OR “OUR”). PLEASE READ THE TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION AND REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS. THIS WEBSITE IS INTENDED SOLELY FOR RESIDENTS OF THE UNITED STATES AND ITS TERRITORIES.

These Terms govern your use and access of our website located at www.billiontoone.com and any other website operated by BillionToOne (each a “Site” and collectively, the “Sites”), as well as any services available on our Sites. Use of our Patient and Provider Portals (“Portals”) located at https://provider.unityscreen.com/provider/login and https://results.unityscreen.com/client/login is separately governed by the terms of use for those Portals when you create an account and register for those Portals.

By accessing our Sites, you agree to these Terms and the terms of our Privacy Policy. To use a Site, you must accept all of these Terms. If you disagree with these Terms or find them unacceptable in any way, do not use the Sites.

If you access any Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to enter and accept these Terms on such individual’s or entity’s behalf.

Changes to Terms of Use and BillionToOne Sites

To the fullest extent permitted by law, we reserve the right to change these Terms at any time in our sole discretion and to notify users of any such changes by posting the amended Terms on our Sites. The most current version of these Terms will supersede all previous versions. Your continued use of a Site after the posting of any amended Terms shall constitute your agreement to be bound by such changes.

We may from time to time update Sites, add new Sites, or add new Content to existing Sites. The use of a new or revised Site will be governed by these Terms. You agree that we will not be liable to you or any third party for any change, suspension or discontinuation of any of the Sites or any portion thereof.

“Content” as used herein includes, but is not limited to, all written materials, articles, data, images, audios, videos, photographs, search results, and other information and materials provided, made available or otherwise found throughout the Sites.

Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from users. Upon acceptance of these Terms, you confirm that you have read, understood, and accepted our Privacy Policy.

We may use and share your PHI for payment purposes. We may use or disclose your PHI to bill and collect payment from you or your insurance company.

We may use and share your PHI for health care operations purposes. We may use and disclose your PHI for certain BillionToOne health care operations, which include quality assurance and quality improvement activities, training, and general administrative activities.

Information and Content on BillionToOne’s Sites is not Medical Advice; No Patient Relationship

USE OF OUR SITES DOES NOT CREATE A PATIENT RELATIONSHIP BETWEEN YOU AND BILLIONTOONE. CONTENT CONTAINED ON OUR SITES IS NOT INTENDED TO BE A SUBSTITUTE, NOR A REPLACEMENT, FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ANY CONTENT MADE AVAILABLE THROUGH THE SITES OR THE SERVICES IS NOT INTENDED TO BE, AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.

PLEASE SEEK THE ADVICE OF MEDICAL PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. NEVER DISREGARD PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON OUR SITES. BILLIONTOONE IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES.

Third-Party Websites and Content

We may publish, provide, link to or utilize third-party data or content on the Sites (“Third-Party Content”) as a convenience for those who may be interested in this information. BillionToOne does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, its accuracy, currency, or completeness. You acknowledge and agree that BillionToOne is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any third-party content. Users use such Third-Party Content, and anything derived therefrom, at their own risk.

BillionToOne does not recommend, endorse, or approve of any medical procedures, tests, data, or other information that may be addressed in the Third-Party Content. Additionally, BillionToOne does not necessarily endorse, share, or claim the same values, opinions, or beliefs of the Third-Party Content or of its creators.

Age Restrictions

The Sites are intended for users who are 18 years of age and above. You must be 18 years of age or older or the legal age of majority in your jurisdiction to use the Sites. BillionToOne disclaims any and all liability arising from use of the Sites by individuals under the age of 18.

Copyright and Intellectual Property

All Content on the Sites (excluding any Third-Party Content), including but not limited to text, graphics, logos, and software, are the property of BillionToOne or its licensors and are protected by intellectual property laws. The coding, look, and feel of the Sites provided by BillionToOne are copyrighted by and the property of BillionToOne, Inc.

You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, or otherwise use any Content from the Sites without our express written consent.

It is BillionToOne’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting the BillionToOne representative listed and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to lo cate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

BillionToOne’s agent for copyright issues relating to the Sites is as follows:

BillionToOne, Inc.
1035 O’Brien Drive
Menlo Park, CA 94025
Attention: General Counsel

Disclaimer of Warranties

While we strive to ensure the accuracy and completeness of the Content on the Sites, BillionToOne does not make any representations or warranties regarding the accuracy, reliability, timeliness or completeness of Content provided or received through the Sites. Except as expressly set forth herein, BillionToOne makes no representations or warranties regarding the information systems, software and functions made accessible through the Sites or any other security associated with the transmission of information.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BILLIONTOONE, THE SITES AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BILLIONTOONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BILLIONTOONE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE.

FURTHER, BILLIONTOONE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO, THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON A THIRD-PARTY SITE. BILLIONTOONE DOES NOT ENDORSE ANY OF SUCH PRODUCTS OR SERVICES, NOR HAS BILLIONTOONE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD-PARTY SITE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BILLIONTOONE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE CONTENT, THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BILLIONTOONE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BILLIONTOONE’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BILLIONTOONE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED $50.

Indemnification

UNLESS YOU HAVE ENTERED INTO A SEPARATE AGREEMENT WITH BILLIONTOONE RELATED TO YOUR USE OF THE SITES OR BILLIONTOONE’S SERVICES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BILLIONTOONE AND OUR OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUPPLIERS AND AGENTS FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE SITES OR BILLIONTOONE’S SERVICES; (B) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS; OR (C) YOUR CONDUCT, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Dispute Resolution and Arbitration

Any dispute arising out of or in connection with these Terms, including the existence, validity, or termination thereof, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You hereby waive, with respect to any dispute, the right to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member, and you additionally waive the right to consolidate claims with any other person.

Termination

Notwithstanding any of these Terms, BillionToOne reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

Applicable Law and Venue

These Terms of Use and your use of the Sites and BillionToOne’s services shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions.

Severability

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

Questions and Contact Information

If you have any comments, concerns or questions about these Terms, please contact us at:

[email protected]
BillionToOne, Inc.
1035 O’Brien Drive
Menlo Park, CA 94025

Last updated: October 29, 2024