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SMS/Text Message Program Terms & Conditions

Last Updated: June 29, 2021

Please read these SMS/Text Message Program Terms & Conditions (“SMS Terms”) carefully. By opting into one or more Genentech SMS/text message (“text message” or “message”) programs or otherwise agreeing to receive SMS/text messages from Genentech (the “Service”), you are accepting and agreeing to these SMS Terms. Your use of the Service is also subject to Genentech’s Terms & Conditions, Privacy Policy, and any other applicable terms and agreements related to your use of the Service.

For purposes of these SMS Terms, “Genentech,” “we,” or “us” shall mean Genentech, Inc. and any of its applicable partners, affiliates, subcontractors, and agents.

Binding Arbitration

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 SMS 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 any Genentech marketing text 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 us. To opt in to any of Genentech’s promotional text messaging programs, please follow the instructions provided by the specific program from which you wish to receive marketing text messages.

By voluntarily providing your mobile number to Genentech, you consent to receive transactional, operational, or informational text messages at that number. Please note that we may not be able to deliver messages to all mobile carriers.

Your consent to the Service is voluntary and is not required as a condition of any purchase of any product or enrollment in any program. The frequency of the messages per the Service may vary and, if the Service includes messages that are scheduled for specific intervals, you may receive a separate notification regarding when you will receive the messages.

The Service may include sending/receiving the messages through cellular telephone operators, mobile carriers, and other networks (“mobile provider”). We do not charge for the Service, 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 13 years of age or older to be eligible to use the Service. By providing the mobile number that you provided when you signed up for the Service, you confirm that you are (a) a resident of the United States; (b) 13 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.

Support/Help

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 applicable text messaging program. For all questions regarding the Service, you may contact Genentech at (877) GENENTECH (877-436-3683).

How to Opt Out

To cancel the Service, 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 text message program from which you no longer wish to receive messages (i.e., the number from which its 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.

If you unsubscribe from one of our text message programs, you may continue to receive text messages from Genentech through any other programs you have joined until you separately cancel those programs.

Privacy

We will use reasonable means designed to protect the privacy of any health information sent through the Service. As messages using the Service may not be encrypted, we cannot guarantee that the message you send will remain confidential prior to its delivery. Accordingly, we suggest that you do not send sensitive or confidential information through the Service, nor agree or request to receive such information from us through the Service, if you have concerns regarding confidentiality. For more information regarding our privacy practices, please read our Privacy Policy.

No Guarantee; Limitation of Liability

Genentech does not guarantee the successful delivery of text messages pursuant to the Service. 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 SERVICE, 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 Service or from you providing us with a phone number that is not your own.

If you are dissatisfied with the Service or these SMS Terms, your sole and exclusive remedy is to cancel the Service, as set forth above. Individuals who participate in the programs offered by Genentech do so at their own risk.

Changes to SMS Terms

Genentech may revise, modify, or amend these SMS Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to Genentech’s website. You agree to review these SMS Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Genentech text messages will indicate your acceptance of those changes.

Termination of Text Messaging

Genentech may suspend or terminate your use of the Service if we believe you are in breach of these SMS Terms. Your use of the Service 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 Service, with or without notice.