Terms & Conditions of Use
For purposes of these Terms, “Genentech,” “we,” or “us” shall mean Genentech, Inc. and any of its applicable partners, affiliates, subcontractors, and agents.
YOU AGREE TO RESOLVE DISPUTES WITH GENENTECH THROUGH BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, ALL AS DETAILED IN OUR TERMS & CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED THEREIN.
Opting in to Receive SMS/Text Messages
By opting in to the Program, you expressly consent to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of Genentech, at the mobile number you provide to us or use when signing up via short code. Please note that we may not be able to deliver messages to all mobile carriers.
Your consent to the Program is voluntary and is not required as a condition of any purchase. The frequency of the messages may vary and, if the Program includes messages that are scheduled for specific intervals, you may receive a separate notification regarding when you will receive the messages.
The Program may include sending/receiving the messages through cellular telephone operators, mobile carriers, and other networks (“mobile provider”). We do not charge for the Program, but text messages are subject to your mobile provider’s terms of service and you are responsible for all charges and fees associated with text messaging imposed by your mobile provider. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your mobile provider.
Eligibility and Change in Phone Number
You must be a resident of the United States and 18 years of age or older to participate in the Program. By providing the mobile number that you provided when you signed up for the Program, you confirm that you are (a) a resident of the United States; (b) 18 years of age or older; and (c) the subscriber to that mobile number or that you are the customary user of that number and are authorized to opt in to and receive messages on it. You agree to immediately notify Genentech if the mobile number you provided changes.
To request more information, at any time you can text the keyword HELP, either in reply to a message or by texting it to the phone number or short code for the Program. For all questions regarding the Program, you may contact Genentech at (877) GENENTECH (877-436-3683).
How to Opt Out
To cancel the Program, you can text the keyword STOP, either in reply to a message or by texting it to the phone number or short code for the Program (ie, the number from which Program text messages are being sent). After you send the message “STOP” to us, we will send you a one-time opt out reply message to confirm that you have been unsubscribed. If you want to join again, just reply with the keyword START to our confirmation message to resubscribe. You may also opt out by contacting Genentech at (877) GENENTECH (877-436-3683).
If you unsubscribe from the Program, you may continue to receive text messages from Genentech through any other programs you have joined until you separately cancel those programs.
No Guarantee; Limitation of Liability
Genentech does not guarantee the successful delivery of text messages pursuant to the Program. Messages may not be delivered if the mobile phone number is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings, foliage, and weather. Genentech will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the contents of any text message for any purposes.
UNDER NO CIRCUMSTANCES WILL GENENTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF THE PROGRAM, WHETHER OR NOT GENENTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold Genentech harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own.
If you are dissatisfied with the Program or these Terms, your sole and exclusive remedy is to cancel the Program, as set forth above. Individuals who participate in the Program do so at their own risk.
Changes to SMS Terms
Genentech may revise, modify, or amend these Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted online. You agree to review these Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Program text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Genentech may suspend or terminate your use of the Program if we believe you are in breach of these Terms. Your use of the Program is also subject to termination in the event that your mobile telephone service terminates or lapses. Genentech reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice.
Not Medical Advice
You understand that Program communications are not intended to be a replacement or substitute for professional medical advice. You acknowledge and understand that you will seek the advice of a physician or other qualified healthcare provider with any questions that arise regarding any medical condition.
Side Effect Reporting
You further understand that the Program involves automated messages and is not a means to communicate product issues or negative side effects. You may report side effects to the FDA at (800) FDA-1088 or www.fda.gov/medwatch. You may also report side effects to Genentech at (888) 835-2555.