Natera’s Terms of Use

In using Natera’s Portals, you represent and warrant that you are accessing these Portals in your capacity as a provider or patient (as applicable) or, where applicable, you are a personal representative legally authorized to act on behalf of the patient. You understand that much of the information available via our Portals is protected under federal and state privacy and security laws, including without limitation the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) and regulations promulgated under HIPAA and the HITECH Act (“Regulations,” and together with HIPAA and the HITECH Act, the “HIPAA Rules”).  You further understand that the test performed was developed by Natera, Inc. a laboratory certified under the Clinical Laboratory Improvement Amendments Act (CLIA). The test has not been cleared or approved by the U.S. Food and Drug Administration (FDA). Although FDA does not currently clear or approve laboratory-developed tests in the U.S., certification of the laboratory is required under CLIA to ensure the quality and validity of the tests.

In your capacity as a patient or legal representative legally authorized to act on behalf of the patient, you further understand that should you have any questions relating to the interpretation of any test result, that the ordering physician is responsible for such interpretation.

In consideration of your acceptance of the promises, acknowledgements, and agreements within these Terms, Natera grants you, in your capacity as a consumer, provider or patient (as applicable) or, where applicable, as a patient’s legally authorized representative, a limited, personal, non-exclusive, non-transferable, revocable right to access and use our Sites for informational, non-commercial purposes only.

You will be required to create a user account with us in order to access certain portions of our Sites, request services, and obtain results. You represent and warrant that the information you provide is true, accurate and complete. If you provide any information that is untrue or inaccurate, we reserve the right to suspend or terminate your user account. You agree to maintain the confidentiality of, and not to share or distribute, your password or other login information (“Credentials”), to promptly report to Natera if you know or suspect that your Credentials have been compromised, and to accept responsibility for all activities that occur under your user account.

We employ commercially reasonable administrative, technical, and physical safeguards against unauthorized disclosure or access to your private data or other personally identifiable information, consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). However, you acknowledge that such safeguards may be capable of circumvention and Natera cannot and does not guarantee that sensitive information will not be accessed by unauthorized persons. 

You may choose to take advantage of your insurance coverage to pay for certain of our services. If you choose to do so, you authorize Natera to provide your designated insurance carrier with the personally identifiable and other information on your order form in order to process your insurance claim. You also authorize the benefits under this claim to be payable to Natera.

You may choose to pay for services using a credit card. If you choose to do so, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred under your user account. You agree that we may provide your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you.

You shall not, and will not permit, assist, facilitate or encourage others to (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof, including any Natera or third party information accessible through the Site; (b) use any robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to extract, mine, reproduce, scrape, copy or distribute any Site content, information, or data; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site or any part thereof; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; I circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; (g) use, access or distribute any data or other information accessible through the Site in any way that infringes on Natera’s or any third party rights or that is prohibited by any applicable law, regulation or statute; (h) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis; or (i) use any content on the Site in any manner that may give a false or misleading impression or statement . You shall not violate or attempt to violate the security of any Site in any way, including but limited to: (i) probing, scanning, or testing the vulnerability of any Site; (ii) attempting to access, or accessing, secured portions of any Site to which you do not possess access rights; or (iii) taking any action that imposes an unreasonable or disproportionately large load on any Site or the systems connected to any Site.

Any additional terms and conditions that apply to purchases of goods or services available on or through any Site are incorporated as a part of these Terms by reference. If there is a conflict between these Terms and the terms posted for or applicable to a specific good or service offered on or through our Sites, the latter terms shall control with respect to the specific good or service so offered.

Unless otherwise noted, all information, text, articles, data, images, screens, graphics, web pages, photographs, artworks, visual interfaces, user interfaces, functionality, software, or other materials (collectively, the “Works”), including but not limited to the look and feel of any of our Sites, appearing on our Site are the exclusive property of Natera. Natera owns all right, title and interest, including patent, copyright, trade secret, trademark, service marks, trade names and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content used by Natera on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Natera shall be and will remain the sole and exclusive property of Natera. Nothing on any of our Sites or in these Terms grants you any license or right to use any of the Works, whether by estoppel, implication, or otherwise.

You may download or print limited hard copy portions of content from our Sites if you: (i) do not modify the content or remove any proprietary notice language from it; (ii) use the content only for your own personal, private, and non-commercial purposes; and (iii) do not distribute or republish the content to others, except that you may provide downloaded or printed content to others for their use in providing health care, treatment, or advice to you.

You may not upload, embed, post, email, transmit or otherwise make available any material in any manner that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to investigate any claim of infringement and remove or disable access to material that we learn is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you believe that any material residing on, linked to, or linked from our Sites infringes your copyright, please send Natera’s Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Natera to locate the material on our Sites (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit Natera to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) your physical or electronic signature. Notices to Natera’s Copyright Agent should be sent to:

Natera, Inc.

201 Industrial Rd., Suite 410
San Carlos, CA 94070, USA
Attn: Copyright Agent
c/o General Counsel

You should address any inquiries concerning usage of Natera’s copyrights, designs, or trademarks to: Ipinfo@natera.com.

The information contained on our Sites is intended for educational purposes only. It does not constitute medical advice, nor is it a substitute for medical advice. You should always consult a physician regarding medical diagnosis or treatment.

Given the unpredictability of technology and the online environment, Natera does not warrant that the functions or operations of our Sites will be uninterrupted or error-free, that defects will be corrected, or that our Sites or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of any of our Sites, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Sites.

While efforts have been made to ensure the accuracy of the information on our Sites, Natera does not represent or warrant that the information accessible via our Sites is accurate, complete, or current. Our Sites could contain typographical errors, technical inaccuracies, or other incorrect information. Natera reserves the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our Sites may contain information provided by third-parties. Natera makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information. Natera is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third-parties.

THE CONTENTS OF OUR SITES ARE PROVIDED “AS IS” AND NATERA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, COMPATIBILITY OF SOFTWARE PROGRAMS, OR NON-INFRINGEMENT. NATERA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. NATERA DOES NOT WARRANT THAT OUR SITES OR NATERA’S SERVICES WILL SATISFY ANY REQUIREMENTS OR NEEDS THAT YOU MAY HAVE. NATERA DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

IN NO EVENT WILL NATERA OR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ECONOMIC DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOSS OF BUSINESS, LOSS OF CONTRACTS, LOST PROFITS, LOSS OF DATA, PECUNIARY LOSS, BUSINESS INTERRUPTION, USER’S ACCESS OR INABILITY TO ACCESS OR USE OUR SITES, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM OUR SITES, INVASION OF PRIVACY FROM OR THROUGH OUR SITES, OR LOSS OF BUSINESS INFORMATION, EVEN IF NATERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE LIABILITY OF NATERA UNDER ANY THEORY OF LIABILITY, WHETHER TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHER, WILL BE NO GREATER THAN ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY OF OUR SITES OR YOUR USE OF THEM THEREOF MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, REGARDLESS OF WHEN YOU BECOME AWARE OF THE CLAIM OR CAUSE OF ACTION, AFTER WHICH TIME ANY CLAIM OR CAUSE OF ACTION IS FOREVER BARRED.

You have sole responsibility for adequate protection and backup of data or equipment used in connection with our Sites, and you will not make any claim against Natera for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of our Sites.

As a visitor to and user of any of our Sites, you agree that all access and use of our Sites and the contents available via our Sites are at your own risk.

Natera has no responsibility or liability for, and does not insure, guarantee, or otherwise protect you with regard to, third-party goods or services that you purchase and that are advertised on, linked to, linked from, or mentioned on our Sites. You should conduct whatever investigation you believe is necessary and appropriate before proceeding with any business transaction with third-parties.

You will not use our Sites for any purposes that are unlawful, criminal, or in violation of the rights of third-parties. You will not use our Sites in any manner that could damage, disable, overburden, or impair our Sites or interfere with any other party’s use and enjoyment of our Sites.

While Natera welcomes comments and feedback regarding our Sites and its services, Natera is under no obligation to respond to all pieces of correspondence received through our Sites or by e-mail, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. Natera does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via our Sites or by e-mail. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Natera through our Sites, by e-mail, or by any other means shall become and remain the property of Natera. Any such submission by you is a declaration of the full release of all proprietary claims and intellectual rights regarding your submission. Natera, therefore, is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Natera for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Natera uses your personal information in accordance with our privacy policy. You can view our privacy policy and our privacy policy is expressly incorporated into these Terms by this reference. Natera’s processing and use of your protected health information (PHI), which is a subset of personal information, is done in accordance with our Notice of Privacy Practices (NoPP). You can view our NoPP, which is expressly incorporated into these Terms by this reference.

Natera permits third-party sites to link to our Sites, but only in accordance with these terms and conditions:

Links may be text-based using the words: “Natera”. You may not use the Natera logo or any other trademark as a link to our Sites.

By linking, you acknowledge and agree that, other than as set forth herein, all rights to Natera marks, the content appearing on our Sites, and the design of our Sites belong to Natera.

You may not create frames around our Sites or use other techniques that alter in any way the visual presentation or appearance of our Sites.

You must not misrepresent your relationship with Natera or present false or misleading impressions about Natera. No links to our Sites may be used in a manner that implies or suggests that Natera approves or endorses you, your website, or your goods and services.

Natera shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend Natera against all claims arising out of or based upon your website.

No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

Natera reserves the right at any time and in its sole discretion to demand that you remove all links or any particular link to our Sites from your website and you agree to comply with such demand.

Our Sites may contain links to other websites operated by third-parties (“Linked Sites”). Such Linked Sites are not under the control of Natera. Natera has not reviewed, approved, corrected, or updated the content of any Linked Site and is not responsible for the content of any Linked Site. Your access or use of any Linked Site is at your own risk. Natera shall have no liability or responsibility for any information published on Linked Sites. Natera provides these links only as a convenience and, unless explicitly stated otherwise, does not monitor, endorse, warrant, or make any representations with respect to Linked Sites.

While interacting with our Sites, you may choose to communicate electronically with Natera by email, text messaging, instant messaging, video calling service (e.g., FaceTime, Skype), or other electronic means. Any electronic communication that you exchange with Natera may be recorded and stored by Natera as it deems, in its sole discretion, to be appropriate for customer service, quality control, record-keeping, or other business purposes. By choosing to communicate electronically with Natera, you unconditionally and irrevocably consent to Natera recording and storing those communications.

Online Ordering/Virtual Testing Programs (Online Ordering)

You may receive text messages from 20699 or 70487, which are sent Free to End User (FTEU). Consent to receive text messages is not required as a condition of purchasing any goods or services. Text messages may be sent to your mobile number using an automatic telephone dialing system. Service available on most carriers including U.S. Cellular, AT&T, Cellular One, T-Mobile, Sprint, Boost, MetroPCS, Verizon Wireless, Alltel Wireless and Virgin Mobile. You agree that Natera and Carriers are not liable for delayed or undelivered messages. Messaging frequency may vary. Standard message and date rates may apply.

You can unsubscribe by texting STOP to 20699 or 70487 (as applicable). For additional help, text HELP to 20699 or 70487 (as applicable), or contact support@natera.com or call (844)-778-4700.

Educational Materials and Resources

You can sign up for Natera’s Educational Materials and Resources program by texting keywords including PANORAMA, HORIZON, EMPOWER, COMBO, RENASIGHT, SIGNATERA, ANORA, PGT, SPECTRUM, DRAW, SESSION, EDUCATE, COVERAGE, and SMA (list not exhaustive) to 636363. You will receive single-communication texts with links to particular educational resources from Natera. This is NOT a subscription service, only one message will be received per keyword texted. You can get additional information by texting HELP to 636363 or contact support@natera.com or call (844)-778-4700. You can unsubscribe by texting STOP to 636363.

We may contact you via e-mail, cellular or home phone, by text message, automatic telephone dialing system, pre-recorded or synthetic voice messages, or computer assisted technology, about your testing, results, treatment options, billing/collection matters, health-related products, services, or studies, or other information relating to your healthcare Consent to receive text messages is not required as a condition of purchasing any goods or services. Natera does not impose a separate charge for our texting programs, but your mobile carrier’s message and data rates may apply. Service available on most carriers including U.S. Cellular, AT&T, Cellular One, T-Mobile, Sprint, Boost, MetroPCS, Verizon Wireless, Alltel Wireless and Virgin Mobile. You agree that Natera and Carriers are not liable for delayed or undelivered messages.

Texts will be sent to the mobile telephone number you provide to us. Please notify us immediately if your mobile number changes. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. Password-protecting mobile device(s) and enabling encryption, if available, is recommended.

Text messages may include PHI. When you elect to receive text messages from us, since text messaging is unencrypted, you acknowledge there is a risk that this PHI could be intercepted or viewed by third-parties, including others who access your device or your carrier account.

The use and disclosure of PHI in text messaging may be governed by additional privacy notices, including our HIPAA NoPP, which you may access here.

If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In that event, Terms will be construed as if such invalid, illegal, or unenforceable provisions had never been part of the Terms, with the remainder being in full force and effect.

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS NATERA ITS SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL ANY CLAIMS, CONTROVERSIES, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES (HEREINAFTER “CLAIM” OR COLLECTIVELY “CLAIMS”) RESULTING FROM, ARISING OUT OF, OR RELATING TO YOUR PURCHASE, YOUR USE OF OUR SITES, ANY ACTIVITY, INFORMATION, OR MATERIAL THAT YOU SUBMIT OR TRANSMIT TO OUR SITES, OR YOUR VIOLATION OR BREACH OF THESE TERMS.

These Terms represent the entire agreement between you and Natera with respect to the use of our Sites, and all other prior agreements, covenants, promises and conditions, verbal or written, between you and Natera with respect to such use are superseded and incorporated by these Terms.

Our Sites are controlled and operated by Natera from its offices within the United States. Natera makes no representations that our Sites are appropriate or available for use in other locations. If you access our Sites from locations outside the United States, you acknowledge and agree that you do so on your own initiative and are responsible for compliance with applicable local laws. The software, technology, and other information made available through our Sites are subject to United States export controls and may also be subject to the import laws of your jurisdiction. You may not use or export the materials in violation of United States export laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of California.

(a) PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(b) YOU AND NATERA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT BEFORE A JUDGE OR JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND NATERA, OR ITS SUBSIDIARIES OR AFFILIATES, AND THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND THEIR SUCCESSORS AND ASSIGNS (UNDER THIS SECTION COLLECTIVELY “NATERA”) ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE, YOUR USE OF THE SITE OR SERVICES, THESE TERMS, THEIR INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS), OR NATERA’S ADVERTISING, PRIVACY OR CYBERSECURITY PRACTICES AND POLICIES (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. DISPUTES SHALL NOT INCLUDE ANY CLAIMS CONCERNING PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

(c) Other than issues related to the Class Action Waiver (as defined below), the arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including but not limited to any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the AAA Consumer Arbitration Rules and, to the extent applicable, AAA Mass Arbitration Supplementary Rules, as amended from time to time. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Arbitration Rules. Arbitration proceedings shall be governed by this provision and the applicable AAA procedures for consumer-related disputes, in effect at the time the claim is filed. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The small-claims court proceeding will be limited solely to the consumer claimant’s individual dispute or controversy. YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS AND TO ADDITIONAL PROCEDURES TO GOVERN TWENTY-FIVE (25) OR MORE SIMILAR OR COORDINATED CLAIMS AS SET FORTH BELOW.

(d) Mandatory Pre-Arbitration Procedure. Before initiating any arbitration, the initiating party must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Dispute) or a representative of Natera (if Natera is initiating the Dispute). The Notice of Dispute must, at a minimum, contain the following information: (a) name and contact information (mailing address, email address, and telephone number); (b) detailed factual description of the nature of the Dispute; and (c) the resolution and relief sought. If you are the one initiating the dispute, you must email your Notice of Dispute to legalhelpdesk@natera.com or write to us at:

Natera, Inc.
201 Industrial Rd., Suite 410
San Carlos, CA 94070, USA
c/o General Counsel 

We will send any Notice of Dispute to the most recent email address we have on file for you, or, alternatively, to your mailing address. You and Natera will agree to attempt to resolve the Dispute through informal, good faith negotiations during the 60-day period after the date that a Notice of Dispute is received (or such shorter or longer period as is mutually agreed to by the parties). Either party may request a personal telephone or video conference as part of the informal negotiations. Should Natera request a telephone or video conference, you (and your counsel if you are represented) agree to attend this conference. Should you request a telephone conference, Natera (and its counsel if Natera is represented) agrees to attend this conference. Compliance with this Pre-Arbitration Procedure is a condition precedent to initiating an arbitration with the AAA. Neither party may initiate an arbitration unless this Pre-Dispute Procedure is complied with. If the sufficiency of either party’s compliance with the Mandatory Pre-Dispute Procedure is at issue, either party may seek court intervention, and any arbitration proceeding shall be stayed, until the court rules on compliance with this Mandatory Pre-Dispute Procedure. Such court shall have the power to enjoin an arbitration proceeding or order other injunctive relief, which includes but is not limited to enjoining the filing of a demand for arbitration and/or payment of arbitration costs and fees. Notwithstanding the foregoing, in the event that neither party seeks court intervention, either party may elect to raise the failure to comply with the Mandatory Pre-Arbitration Procedure before the arbitrator and seek relief in arbitration. The parties agree that any applicable statutory limitations period and any arbitration filing fee deadlines shall be tolled while you and Natera participate in the Mandatory Pre-Arbitration Procedure in any effort to informally resolve the Dispute.

(e) To initiate an arbitration, the party seeking arbitration must write a demand for arbitration as specified in the AAA Rules. For any arbitration you initiate, you will pay the consumer filing fee under the AAA Consumer Rules, and Natera will pay the remaining AAA fees and costs relating to initiating an arbitration. For any arbitration initiated by Natera, Natera will pay all AAA fees and costs.

(f) CLASS ACTION WAIVER. IN ANY DISPUTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR NATERA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY AND AN ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY SUCH CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

(g) The AAA Mass Arbitration Supplementary Rules as amended from time to time, and incorporated herein by reference, shall apply when twenty-five (25) or more similar claims are asserted against Natera where representation of the parties is consistent or coordinated across the cases (and your claim is one of them).

(h) If any provision of this agreement to arbitrate is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Both parties acknowledge that the agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this agreement to arbitrate shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 et seq. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you or Natera prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you or Natera under the standards for fee shifting provided by law. Information on AAA and its applicable rules are available at the following numbers and URL: American Arbitration Association: (800) 778-7879, www.adr.org.

(i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

(j) Both you and Natera agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

(k) Right to Opt Out of Arbitration. You can decline to arbitrate your Dispute by emailing legalhelpdesk@natera.com or writing to us at Natera, Inc., 201 Industrial Rd., Suite 410, San Carlos, CA 94070, USA, c/o General Counsel, and providing your name, address, and telephone number, date of first access to the Site, date of purchase of product or service, IP address (if known) and a statement that you wish to opt out of this arbitration agreement. The opt out notice must be emailed or mailed no later than 30 days after you first accept this agreement to arbitrate by using this Site, and will apply retroactively to opt you out of arbitration of any Disputes arising within the prior 30-day period. YOU HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY CONCERNING THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Natera to litigate any dispute in court, then the foregoing arbitration agreement will not apply to either party, and both you and Natera agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in San Francisco, California.

(l) This arbitration agreement will survive the termination of your visit to our Site and/or any relationship with Natera.

YOU AGREE THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY USING AND ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

Thank you for visiting our Sites. For questions concerning these Terms or Natera’s other policies, contact: support@natera.com.