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Terms of Use
Last Modified December 30, 2019
Exagen Inc. Website Terms of Use
Exagen Inc. ("Exagen”), is an organization dedicated to transforming the care continuum for patients suffering from debilitating and chronic autoimmune diseases by enabling timely differential diagnosis and optimizing therapeutic intervention. In conducting our business, it may be necessary for us to have certain information about you and your health. We understand that your personal information and your health are very personal, private subjects and we want you to feel as comfortable as possible visiting our web site and using our services. Therefore, we are dedicated to protecting the privacy of your personal and health information.
Personal information collected via a website is protected by privacy laws. Additionally, the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") protects patients’ medical records and other personal information provided by patients in connection with health care diagnosis and treatment. Exagen has policies and procedures in place to comply with these laws and to protect the confidentially of both personal information and protected health information.
This Terms of Use Notice describes what information we collect online from users of www.exagen.com, www.avisetest.com (and any related websites and online services provided by Exagen, which collectively will be referred to as the “Site”), how we protect such information, how we may use and disclose that information, and what choices you have about how that information is used and disclosed. It also provides information about how your personal health information may be used and disclosed. We encourage you to read this entire notice carefully so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.
Online Privacy:
Collection and Use of Personal Information Provided by You While Using our Website
THIS NOTICE DESCRIBES HOW PERSONAL INFORMATION ABOUT YOU MAY BE COLLECTED AND USED WHEN YOU USE THE SITE AND HOW YOU CAN CONTACT US. PLEASE REVIEW IT CAREFULLY.
Special Online Notice for California Residents (CCPA)
This section applies to website visitors who live in the State of California. This section is provided in compliance with the California Consumer Privacy Act of 2018, also known as the CCPA. Click Here for Our California Terms of Use
What Personal Information We Collect
On our Site, we will collect information that identifies you (“personal information”) online only when you voluntarily provide it to us through our Site. For example, when you choose to register on our Site, we may ask you to provide some personal information, such as your first and last name, mailing address, telephone number and/or e-mail address. Also, we may collect information that will allow you to establish a username and password. In addition, we may collect information that you voluntarily provide to us through responses to questionnaires, such as customer satisfaction surveys.
How We Use Personal Information That We Collect Online
Internal Uses
We may use your personal information within Exagen (1) to provide you with the services and products you request, (2) to assist with your questions about our services, billing, payment methods or use of our Site, (3) to process or collect payments made in connection with our services to you, and (4) to evaluate our services and products and to improve our Site to serve you better.
Privacy Choices
When you register online on the site for one of our services, you may be given the option of receiving periodic informational/promotional mail or email from Exagen. You choose whether or not to receive correspondence when you provide this information or by changing your preferences within your registration profile at any time.
Disclosure of Personal Information to Third Parties
We will not give, sell, rent, loan or otherwise disclose any of your personal information to any third party, unless (1) you have authorized us to do so, (2) we are legally required to do so, for example, in response to a governmental subpoena, court order or other legal process, and/or (3) it is necessary to do so in order to protect and defend our or a third party’s rights or property, or to protect the safety of the public or any person.
In the event that all or a substantial portion of the assets, business or stock of Exagen are acquired by, merged with or transferred to another party, or in the event that Exagen goes out of business or enters bankruptcy, your personal information may be one of the assets that is transferred to or acquired by the third party. You acknowledge that such transfers may occur, and that any acquirer of Exagen or its assets may continue to use your personal information as set forth in this Privacy-Policy. If any acquirer of Exagen or its assets will use your personal information contrary to this Privacy-Policy, you will receive prior notice.
We will also make full use of all information acquired through this site that is not personally identifiable.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
About Minors
Our Site is not directed at or intended for use by minors. Therefore, we do not wish to receive, nor do we knowingly collect, personal information from minors via this web site.
No one under the age 13 may provide any personal information to Exagen on or through our Site. In the event that we learn that we have collected personal information from a child under the age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us.
If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Cookies
You should be aware that in some cases, your computer needs to accept cookies from a site to take full advantage of its services. This is especially true on sites that require a user ID or a password. In order to provide better service, Exagen may use a “cookie.” Cookies are small files that your web browser places on your computer’s hard drive. We may use cookies to let us know that you are a prior customer and to retrieve certain information previously provided by you. We also may use cookies to keep track of information about your current “session” which will be discarded as soon as you log out or close your web browser. This information also allows us to statistically monitor how many people are using our Site and for what purpose. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your internet browser may permit you to do so. In many internet browsers, you can change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain web site features or functions, or this web site may not operate in an optimal mode.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our site.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Behavioral Remarketing
Exagen Inc. uses remarketing services to advertise on third party websites to you after you visited any of our websites, www.exagen.com and www.avisetest.com. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/ or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Internet Tags
Internet tags (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the web site server information such as the IP address and browser type related to the visitor’s computer. This site may or may not use Internet tags.
How We Protect Information Online
It is our policy to protect your information against unauthorized access or release. To accomplish this protection, we use services that keep your account information secure.
In addition, we have procedures that limit Exagen’s employees and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, mandatory training programs, and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.
Security
Please bear in mind that no Internet transmission is ever 100% secure or error-free. More specifically, e-mail sent to or from this site may not be secure. As a result, you should take particular care in deciding what information you send via e-mail. Any passwords, ID numbers, or other special access numbers you might use to access any part of this Site are your responsibility; take care to safeguard them.
California Residents
California residents may choose to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Our policy is not to disclose personal information collected online to a third party for directing marketing without your approval. To make a request or to opt out at any time, please contact us at the contact information provided below.
This Site is for Informational Purposes Only and Does Not Provide Medical Advice
The contents and materials contained on the Site are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding a medical condition. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately. Never disregards professional medical advice or delay in seeking it because something you have read on our Site. Reliance on any information provided by Exagen on the Site is solely at your own risk.
Intellectual Property Rights Limited License
Subject to these Terms and Conditions of Use, Exagen grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information and materials provided on the Site (collectively referred to as “Information”) for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Exagen authorizes you to view and download the Information only for your personal use. This authorization is not a transfer of title in the Information or any copies of the Information and is subject to the following restrictions: 1) you must retain, on all copies of the Information downloaded, all copyright, trademark, logo and other proprietary notices contained in the Information; 2) you may not modify the Information in any way or reproduce or publicly display, distribute or otherwise use the Information for any public or commercial purpose; and 3) you may not transfer the Information to any other person unless you give such person notice of, and such person agrees to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Information, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, Exagen does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Submission of Information
You agree not to send any confidential or proprietary information to Exagen via the Site. If you provide any such information or materials to Exagen, you grant to Exagen an unrestricted, perpetual, irrevocable, worldwide, sub-licensable (including to other users of the Site), royalty-free license to use, reproduce, modify, display, publish, transmit and distribute such information and materials, and you further agree that Exagen is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Exagen. You further understand and acknowledge that Exagen does not want you to, and you warrant that you shall not, provide any information or material to Exagen that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary information or material of any other party. Any personally identifiable information you may provide to Exagen via the Site is protected by the Privacy Policy associated with the Site.
Third Party Links
As a convenience to you, the Site may include links to web sites operated by other entities. If you access or use these linked web sites, you will leave the Site. If you decide to visit any linked web site, you do so at your own risk and are responsible for compliance with any applicable laws us using such third party web sites. Exagen makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked web sites or any information appearing on, products or services described on, or security or privacy practices employed by such linked web sites. Links do not imply that Exagen or the Site sponsors, endorses, is affiliated or associated with the entities operating the linked web sites, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyright symbol of Exagen. Exagen is not responsible for the content, security, or privacy practices employed by other web sites.
Disclaimer and Limitation of Liability
THE SITE AND THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. EXAGEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANYTHING ON THE SITE OR THE RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. EXAGEN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EXAGEN MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE INFORMATION AT ANY TIME WITHOUT NOTICE.
THE SITE AND THE INFORMATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL EXAGEN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE INFORMATION CONTENT, INFORMATION OR FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, EVEN IF EXAGEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXAGEN’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE INFORMATION CONTENT, INFORMATION OR FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ALL TEST KITS OR OTHER PROMOTIONAL MATERIALS THAT YOU MAY ORDER FROM THIS SITE, INCLUDING WITH LIMITATION THE AVISE® TEST KITS, ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF SUCH MATERIALS IS SOLELY AT YOUR OWN RISK AND LIABILITY.
You agree that the above limitations of liability together with the other provisions in these Terms and Conditions of Use that limit liability are essential terms of these Terms and Conditions of Use and that Exagen would not be willing to grant you the rights set forth in these Terms and Conditions of Use but your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Exagen to grant you the right set forth in these Terms and Conditions of Use.
By entering into these Terms and Conditions of Use and using the Site, you agree that you shall defend, indemnify and hold Exagen, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms and Conditions of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Site; or (d) your negligence or willful misconduct.
Site Availability and Changes
The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. Exagen cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Exagen may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Exagen may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Exagen may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to destroy all Information.
Forward-Looking Statements
The Site may contain forward-looking statements, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, and therefore readers should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside our control. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.
Changes to these Terms and Conditions of Use
Exagen reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes to these Terms and Conditions of Use will be effective immediately upon being posted on the Site. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of such changes. We will let you know that these Terms and Conditions of Use have been changed by changing the effective date listed at the top of this webpage.
International Users
The Site is controlled, operated and administered from offices within the United States of America and is intended for U.S. visitors. Exagen makes no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to the Site or the Information from territories where the content of the Site is illegal is prohibited. You may not use the Site or export the Information in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
Governing Law
These Agreements and your use of Site shall be governed by the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions.
Your Consent
By using our Site, you consent to the collection, use and disclosure of information as described in this policy.
How to Contact Us
If you have any questions, comments, or concerns about this Privacy Policy as it pertains to the collection and use of your personal information provided to us online, please contact us at:
Exagen Inc.
Attn: General Privacy Officer
1261 Liberty Way, Suite C
Vista, CA 92081
Telephone: 888.452.1522
Changes to these Terms of Use
Exagen reserves the right to change these terms of use from time to time, so please check back often. We will let you know that the terms have been changed by changing the effective date listed below. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances. We encourage you to refer to these terms of use on an ongoing basis to ensure you are aware of any updates. If revisions to the privacy policy are unacceptable to you, you must cease using this Site.
Effective Date: November 1st, 2019
Contact
For more information please contact info@exagen.com
SA1197 (12/19)