Terms & Conditions

Please read the following Terms of Use (“Terms”) carefully before using the Biodesix website (the “Website”). You may use the Website only if you agree, without modification, to these Terms.

The Website has been designed to provide general information about Biodesix and its products. These Terms are a binding contract between you and Biodesix, Inc., a Delaware corporation (“Biodesix”). By using and or visiting this Website, you signify your assent to both these Terms and the terms and conditions of Biodesix’ Privacy Policy, which are published and which are incorporated herein by reference. If you do not agree to these terms, do not use this Website.

Biodesix provides the information on the Website as a public service to provide general information about Biodesix and its products and reserves the right to change the content of the information on the Website and the right to modify these Terms at its discretion at any time without notice. Any such modification will be effective immediately upon posting of the modification on the Website. Any information presented on the website as of a particular date may only be accurate as of such date and Biodesix disclaims any responsibility to update such information. It is suggested that you review these Terms periodically for changes. If you use the Website after modifications have been posted to the Website, then you will be bound by such modifications. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Information about companies other than Biodesix contained in news, press releases or otherwise that are posted on the website should not be relied upon as being provided or endorsed by Biodesix.

No Medical or Professional Advice

The information on this Website is provided solely on an “AS IS” and “AS AVAILABLE” basis. Biodesix is not engaged in rendering investment or medical advice via this website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by Biodesix, its affiliates, related companies or its licensors or joint venture partners. Access and use of the Biodesix website is subject to the Terms and all applicable laws, statutes and/or regulations. Biodesix does not, by or through this website, offer for sale any products or services. VeriStrat is a test that can only be ordered by an authorized healthcare provider and has not been reviewed or approved by the Food & Drug Administration.

Representations and Warranties

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Biodesix will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obligated to register with Biodesix in order to access the Website. However, Biodesix may offer certain features and services for which registration is necessary. If you register to use this Website, you agree to provide, maintain and update true, accurate, current and complete information about yourself when registering. If you do not provide such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Website. You may only have one active account on this Website at any given time and only you may use your designated account to access the Website. You also agree to promptly notify us of any unauthorized use of your username, password, other account information or any other breach of security that you become aware of involving or relating to this Website by emailing us at info@biodesix.com. In addition, you agree to exit from your account at the end of each session. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

In using this Site, you agree not to:

  • Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Use this Website to disclose or obtain another’s personal information, or collect information about users of this Website;
  • Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this Website;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist or permit any persons in engaging in any of the activities described above.

Limitation of Liability

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIODESIX DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Biodesix makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Biodesix makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the website is free of viruses.

BIODESIX SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE BIODESIX WEBSITE. BIODESIX 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 THE WEBSITE, EVEN IF BIODESIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

Indemnification and Hold Harmless

You agree to indemnify, defend and hold Biodesix and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website.

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

Intellectual Property Laws

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

This Website is controlled and operated by Biodesix. Biodesix makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

Termination

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

Reservation of Rights

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

Governing Law

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

Severability

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

Forward Looking Statements

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

Third-Party Links

Certain links may be provided that lead to websites maintained by third parties over which Biodesix has no control. Links to third-party websites or pages are provided for convenience only. Biodesix takes no responsibility for the accuracy, content, or any aspect of that material, and disclaims any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. Biodesix also disclaims all liability and makes no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Biodesix or any of its affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that Biodesix or any of its affiliates sponsors, endorses, is affiliated or associated with, 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 site is authorized to use any trademark, trade name, logo, or copyright symbol of Biodesix or any of its affiliates.

Privacy Practices

Biodesix reserves the right, and you authorize Biodesix, to the use of all information regarding your use of this website and all information provided by you in any manner consistent with the terms herein.

Information Collection and Use

General Website Users

Biodesix’ web servers may collect domain names, but not the email addresses, of visitors. The data helps us to determine what is the most beneficial to our visitors and how to continually improve our visitor’s website experience. This data only include non-personal information, such as information about the pages visited, browser type, browser language, operating system, and internet protocol (“IP”) address. Non-personal data is aggregated to understand website usability and performance. Biodesix may use your IP address to help diagnose problems or to gather demographic information, such as regional use of our website.

Use of Personal Information

Biodesix will not sell, rent or lease your personal information to third parties in any manner that is inconsistent with the terms herein. Biodesix will not share your personal information with business partners or any other third party company, expect as described below:

Agents, Contractors and Affiliates

Biodesix may employ other companies and independent contractors to perform tasks on its behalf and may need to share your information with them to provide hardware or services to you. Unless otherwise stated, these agents do not have any right to use the information Biodesix shares with them beyond what is necessary to assist Biodesix. Please note that in the process of providing you with the hardware or services, our agents, contractors and/or agents may have access to your system information as part of the products and services they provide on your behalf. These entities do not have any right to use the personal information we provide to them beyond what is necessary to assist us and you. You hereby consent to our sharing of your personal information for the above purposes.

Business Transfer

In some cases, Biodesix may choose to buy or sell assets. In these types of transactions, personal information is typically one of the business assets that is transferred. Moreover, if Biodesix or substantially all of its assets were acquired, or in the unlikely event that Biodesix goes out of business or enters bankruptcy, personal information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Biodesix may continue to use your personal information as set forth in this policy.

Promotional Offers

Biodesix may send promotional offers to you. However, you will be provided the opportunity to opt out of the receipt of such promotional offers.

Compliance with Laws

Biodesix may release your personal information when it believes in good faith that such release is necessary to comply with the law; enforce or apply its conditions of use and other agreements; or protect the rights, property, or safety of Biodesix, its employees, its users, its customers, or others. The release includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Cookies

Most non-personal information is collected via cookies. Biodesix may use cookies to enhance the visitors experience and personalize content. A cookie is a small data file that is transferred to your hard drive and identifies you as a unique user. Cookies help Biodesix understand which areas of the website are most popular to help enhance the visitor experience for future visits. You can configure your web browser to accept all cookies, reject all cookies, or notify you when a cookie is set (Each browser is different, so check the “help” menu of your browser to learn how to change your cookie preferences).

RSS

Really Simple Syndication (“RSS”) services allow us to communicate news and information in XML format to visitors who use RSS aggregators. The timeliness of the news displaying on the aggregator is not under our control and we provide no warranties to timeliness and accuracy of text, images and links provided through our RSS feeds.

Use of RSS Feeds

Our RSS service is free to Website users for private, non-commercial use. Any other use, including using in conjunction with advertising feeds, is prohibited. You must use the feeds as provided on this Website and may not modify or alter content or links supplied in the feed. The RSS service may be used only with content aggregators, such as Google, Yahoo! and MSN that, when displayed, link the visitor directly to the Biodesix Website. Any other use, including redirection of links and inserting into an intermediate, is not permitted.

Protecting Children’s Privacy Online

The Website is directed toward adults. If you are under the age of 13, you must obtain the authorization of a responsible adult (parent, legal custodian, or teacher) before using or accessing our Website. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly remove such information from our databases.

If you have any questions about these terms and conditions, please let us know through our Contact Us page.