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TERMS & CONDITIONS: Genentech

This initiative is being sponsored by Genentech (the "Initiative").

How does it work? After seeing or hearing a call to action on printed magazine ads and video commercials (that may appear either online or on television), you will opt-in and request to receive, by short message service (“SMS”), Multimedia Message Service (“MMS”), or text message (collectively referred to as “Messages”), information about the ten signs and symptoms of stroke by sending a Message with the word "STROKE" or "STROKE10" to the shortcode 37801. By sending us the Message “STROKE” or “STROKE10” you consent to receive on the same phone number a confirmation Message and a Message with the requested information from Genentech and its representatives, agents, successors, assigns, employees, officers and directors, via an automatic dialing system. There is no additional enrollment information needed, so the Messages are sent to your phone in real-time. After these one-time Messages, you will not receive any advertising and telemarketing Messages from Genentech, unless you have provided us written consent for other purposes.

What if I experience a drug side effect? Please do not include any side effect information in your text messages. Please report any side effects to Genentech Drug Safety at 1-888-835-2555. Additionally, you can report side effects of any prescription product directly to the FDA at 1-800-FDA-1088 or by visiting http://www.FDA.gov/medwatch

Health-related information provided as part of the Initiative is not meant to replace professional medical advice.

Participant Requirements You must have a wireless device of your own capable of 2-way Messaging, be using a participating wireless carrier, and be a wireless service subscriber with Messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific Messaging instructions. Genentech reserves the right to terminate its Initiative, in whole or in part, at any time without notice. The information in any Message may be subject to certain time lags and/or delays.

Participant Opt-Out or Help Although this is a one-time Message program, you may still opt-out from participating at any time. Text STOP to 37801 or reply STOP to any Message to opt-out. In response to your STOP request, you will receive a confirmation of cancellation Message within a few minutes that will confirm receipt of your cancellation request as well as indicate that you will no longer receive text Messages from the Initiative.

Notices

Costs You will be charged the standard text Messaging fee by your wireless carrier for each Message you send or receive, in accordance with the terms of your cellular subscription plan. Other carrier-specific rates may apply. You are responsible for all applicable taxes. Consult your wireless service provider regarding their pricing plans. Participating U.S. Wireless Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer,  RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Carriers may be added or removed without notice. The service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier.

Privacy Policy Please review the Genentech Privacy Policy which can be found at: http://www.gene.com/gene/privacy.html.

Not a Condition of Receiving Services Consent to receive marketing Messages is not required as a condition to purchase any Genentech products or to participate in any Genentech programs or services.

Rights Releases; No Warranties; Reservations

By participating, you agree to release and hold harmless InTouchMD Premier Healthcare Solutions and Participating Wireless Carriers ("Released Parties") and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy.

Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated materials in connection with this Initiative. Participating Wireless Carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this Initiative, and none of them will have any liability or responsibility for any claim arising in connection with participation in this Initiative.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any content furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a Message, including any injury or damage to your or any other person's wireless device relating to or resulting from participating in this Initiative.

Genentech reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Initiative for any reason without notice, including, without limitation, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control, including, without limitation, anything that affects the administration, security, fairness or proper conduct of this Initiative.

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