Pacific Biosciences of California, Inc. ("Pacific Biosciences") provides you with access to and use of this Pacific Biosciences' website ("Site") and the content thereon, subject to the following terms and conditions ("Terms"). Please read all of these Terms carefully, as your continued use of this Site will indicate that you have read and understood these Terms and that you agree to be bound by all of these Terms. Access to and use of certain portions of this Site may be subject to additional terms and conditions, and such additional terms and conditions are in addition to those provided below. These Terms are subject to change without notice, so please read them regularly when accessing this Site, as your use of the Site will indicate your agreement to be bound by the Terms then provided in this section of the Site. If you do not wish to be bound by these Terms, please exit this Site immediately.
If you are using the Site on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms, and the terms “you” and “your” will refer to you and that company or organization. If you do not have that authority, or if you do not agree with these Terms, you may not use and you must exit the Site.
Note: these Terms are in addition to any other agreement you may have with Pacific Biosciences, including any agreement governing purchase or use of Pacific Biosciences products or services by you or your company or organization. Pacific Biosciences’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
- Subject to these Terms, and to all other terms, conditions and use restrictions set forth in the end user license agreement(s) and/or documentation accompanying and/or applicable to any Content (collectively “Other Terms”), Pacific Biosciences hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the contents of this Site, including but not limited to, any text, data, graphics, software, video, or animation contained on the Site (collectively "Content").
- You may not copy, display, distribute or modify any Content of the Site without the express written consent of Pacific Biosciences. Notwithstanding the foregoing, you may download Content from the Site provided that you maintain all copyright, trademark and other legal notices intact, and comply with these Terms and with the Other Terms applicable to such Content. You may have broader rights with respect to certain software, data or other Content under the applicable Other Terms, and nothing in these Terms is intended to impose further restrictions on your use of such Content under such Other Terms.
- You may use information regarding Pacific Biosciences products and services (such as data sheets, knowledge base articles and similar materials) purposely made available by Pacific Biosciences for downloading from the Site, provided that you (1) not remove any copyright, trademark or other legal notice language in any such document, (2) use such information only for your personal, non-commercial, non-competitive informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information. Pacific Biosciences may make changes to any of its products or services, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Pacific Biosciences makes no commitment to update the materials on the Site with respect to such products and services.
- The Content may include information (e.g., names, photos, email addresses) regarding certain employees of Pacific Biosciences or other individuals. You may use such information only for your personal, non-commercial, non-competitive informational purposes, provided you do not copy or post such information on any networked computer or broadcast it in any media, and do not use any such information to disparage, harass, stalk, threaten, intimidate or otherwise act inappropriately toward anyone.
- The Content of this Site may be protected, in whole or in part, by intellectual property laws of the United States and other countries, including but not limited to copyright, trademark and patent laws. Except for the limited license provided above, no other right or license is granted to use any copyrighted Content or trademarks (registered or unregistered) of Pacific Biosciences or any third party which are provided on this Site. Nothing on this Site constitutes any grant of license, or offer to grant a license, of any kind, express or implied, under any patents owned or licensed by Pacific Biosciences, and any and all implied licenses under any such patents are expressly disclaimed.
- Except as expressly provided elsewhere herein, on the Site, or in a separate written agreement with Pacific Biosciences, any information, feedback, comments or other submissions made to Pacific Biosciences will be treated as non-confidential and non-proprietary. Accordingly, you represent and warrant that you will not submit any proprietary or confidential information, feedback, comments or other submissions to Pacific Biosciences, that any information, feedback, comments or other submissions submitted to Pacific Biosciences shall become the property of Pacific Biosciences. Accordingly, and without limiting the foregoing, Pacific Biosciences shall be free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display any such information, feedback, comments or other submissions (in whole or in part) without restriction, and to incorporate them into other works in any format or medium now known or later developed, and to permit others to do so.
- You are welcome to submit comments, content, and other communications ("User-Submitted Content") to locations on the Site designated by Pacific Biosciences for such use. However, your submission is subject to these Terms, and you agree to strictly limit yourself to discussions about the subject matter for which such locations are intended. Pacific Biosciences may, but is not obligated to, monitor or review any areas of the Site where User Submitted Content may be posted or made available, including, but not limited to, blogs, chat rooms, bulletin boards and the like. Pacific Biosciences does not endorse and has no control over User-Submitted Content. Any User-Submitted Content, even if posted by any employees of Pacific Biosciences, is not necessarily reviewed by Pacific Biosciences prior to submission or posting and does not necessarily reflect the opinions or policies of Pacific Biosciences. Pacific Biosciences assumes no responsibility or liability arising from User-Submitted Content or for any defamation, libel, slander, obscenity, pornography, profanity, omission, falsehood, error or inaccuracy in any information contained within, or infringement by, such locations on the Web Site. You hereby release Pacific Biosciences, its affiliates, and their respective directors, officers, shareholders, employees, agents and contractors from any and all liability and obligations whatsoever in connection with or arising from your creation, transmission, posting or use of User Submitted Content. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Pacific Biosciences reserves the right to remove any User-Submitted Content at any time, for any reason, in its sole discretion, including, without limitation, any User-Submitted Content that includes any material deemed inappropriate or in violation of these Terms.
- Access to password-protected and/or secure areas of this Site is limited to authorized users only and requires creation of an account. You must provide complete and accurate information on your account and update such information as necessary (to the extent permitted by Pacific Biosciences). You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or distribute your password information. You agree to notify Pacific Biosciences immediately of any unauthorized use of your account or any other breach of security. You further agree to accept responsibility for all activities that occur under your account or password. Pacific Biosciences reserves the right to refuse to grant accounts, or to terminate or take other action against any account, at any time, for any reason, in its sole discretion.
- You agree that Pacific Biosciences may, in its sole discretion and without prior notice, terminate your account and/or access to the Site and/or block your future access to the Site if we determine that you have violated these Terms, any Other Terms, or other agreements or guidelines which may be associated with your use of the Site or any Content. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pacific Biosciences, for which monetary damages would be inadequate, and you consent to Pacific Biosciences obtaining any injunctive or equitable relief that Pacific Biosciences deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pacific Biosciences may have at law or in equity.
- You agree that Pacific Biosciences may, in its sole discretion and without prior notice, terminate your account and/or access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
- If Pacific Biosciences does take any legal action against you as a result of your violation of these Terms, Pacific Biosciences will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pacific Biosciences. You agree that Pacific Biosciences will not be liable to you or to any third party for termination of your account or access to the Site as a result of any violation of these Terms.
- No Warranties from Pacific Biosciences; Limitation of Liability
- Pacific Biosciences provides access to, and Content on, the Site on an "as is" basis, and makes no warranties, express or implied, of any kind with respect to the Site or its Content. Without limiting the foregoing, Pacific Biosciences specifically excludes and disclaims any warranties or representations as to the accuracy, completeness, timeliness, relevance, objectivity or fitness for any particular purpose of any of the Content, or that any of the Content on the Site does not infringe the intellectual property rights of third parties. Pacific Biosciences makes no warranties or representations, that the Site or its Content, including but not limited to downloadable Content, will run or display properly on your computer or that such Content is free from viruses, ad-ware, or other destructive programs or features, that may infect your computer, when accessing this Site or the Content thereof, or any websites linked to this Site.
- This Site is operated by Pacific Biosciences from its headquarters in Menlo Park, California, U.S.A., and Pacific Biosciences makes no representations or warranties that access to and use of the Site from other countries is possible, appropriate, or legal in such other countries. By accessing this Site, you acknowledge that you are doing so at your own initiative and risk, and you are solely responsible for complying with applicable laws and regulations. Without limiting the foregoing, you represent and warrant that you are in compliance with all laws and regulations of the jurisdiction from which you are accessing the Site. Although the Site may be accessible worldwide, not all features or Content on the Site may be available to all persons or in all geographic locations, or necessarily appropriate or available for use outside the United States. Pacific Biosciences reserves the right to deny access to, or limit the provision, the Site and/or any feature and Content to any person, organization or geographic area, at any time, for any reason, in its sole discretion. Unless otherwise expressly provided, nothing on this Site constitutes any offer or invitation to conduct business in any jurisdiction, and any implied offers are expressly disclaimed.
- The software, technology and other information on this Site may be subject to United States export controls and, potentially, those of other jurisdictions. No software, technology, or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, or otherwise prohibited by United States export control laws or regulations. By downloading or using any software, technology or other information from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country, and that your use of any software, technology or other information from this Site is not prohibited under any such laws or regulations.
- Your access to and use of the Site and its Content is at your own risk, and Pacific Biosciences, its affiliates, and their respective directors, officers, shareholders, employees, agents and contractors will not be liable, and assume no liability, on any basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to or use of the Site or Content, whether such damages arise under tort (including negligence), contract, or any other theory of liability. The foregoing may not apply in those jurisdictions that prohibit such limitations of liability.
- In addition to the foregoing, and to the maximum extent permitted by law, Pacific Biosciences expressly disclaims and excludes any and all warranties, representations, liabilities, and obligations, express or implied, of any kind (including but not limited to any conditions of merchantability, satisfactory quality, fitness for a particular purpose, or use of reasonable skill and/or care), which might otherwise be implied or incorporated into these express terms and conditions, whether by statute, law or otherwise.
- Hyperlinks to or from the Site
- Linking from Pacific Biosciences' Site: This Site may include hyperlinks to other websites owned, managed and/or operated by third parties, which third party websites may have their own terms and conditions of use associated therewith. The hyperlinks to these third party websites are provided solely for your convenience and do not constitute any endorsement, recommendation, affirmation or statement of affiliation by Pacific Biosciences with respect to such third party or such third party's website or the content thereof. Pacific Biosciences makes no representations or warranties connected with your access to and use of such third party websites or the content thereof. Without limiting the foregoing, Pacific Biosciences assumes no liability for any damages arising out of your access to and use of any third party websites hyperlinked to the Site, or any content on such third party websites, and by linking to or otherwise accessing such third party websites, you expressly acknowledge that Pacific Biosciences shall have no liability for your access to or use of such third party websites, and you expressly waive any claim, suit or action for damages against Pacific Biosciences arising out of your access to and use of the third party website(s).
- Linking to Pacific Biosciences' Site: Except as specifically provided herein, you may not create hyperlinks to this Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, or within any non-commercial software application, that is freely accessible by the public at no charge. If you desire to link to this Site in any other manner, you must first obtain Pacific Biosciences' written permission to do so. You may not link to this Site in any manner which states or implies any affiliation between you or your organization and Pacific Biosciences, or any sponsorship, endorsement, approval or recommendation of you or your organization by Pacific Biosciences, without the express written approval of Pacific Biosciences. Any permitted link to this Site must clearly identify Pacific Biosciences as the owner of this Site. Pacific Biosciences reserves the right to redirect (to any page it chooses) or block any links to the Site.
- Forward Looking Statement. All statements in the Site that are not historical are "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act as amended. Forward-looking statements may involve substantial risks and uncertainties. These statements may contain words such as "believe," "will," "may," "estimate," "anticipate," "continue," "intend," "expect," "plan," the negative of these terms, or other similar expressions. You should consider these forward-looking statements carefully because they may include statements regarding our future expectations or projections about future events. Any expectations based on these forward-looking statements are subject to risks and uncertainties and other important factors, including those discussed from time to time in documents we have filed with the Securities and Exchange Commission. Actual results may differ materially from the results expressed or implied by the forward-looking statements. You are cautioned that forward-looking statements are not guarantees of future performance. We undertake no obligation to update these forward-looking statements over time.
- Indemnification. You agree to defend, indemnify, and hold harmless Pacific Biosciences, its affiliates, and their respective directors, officers, employees, agents and contractors from and against any claims, actions, demands or suits, including, without limitation, reasonable attorneys' fees, arising from your access to or use of the Site or Content, or any breach of the Terms or applicable Other Terms by you.
- Governing Law. These terms and conditions shall be interpreted according to the laws of the State of California, without regard to its conflicts of laws provisions, and the laws of the United States of America. Any action arising from access to or use of the Site, and/or involving these terms and conditions, shall be brought in the state courts in the State of California, County of San Mateo, or in the United States District Court for the Northern District of California, and you hereby consent to jurisdiction of such courts in any such action.
- Termination; Modifications. Pacific Biosciences may, in its sole discretion, modify, restrict, or terminate this agreement, any of the Terms, and/or your continued access to and use of the Site and its Content, at any time and without notice or liability. We suggest retaining a copy of these Terms for your future reference. You should be aware, however, that we may revise these Terms at any time, and by your continued use of the Site you agree to be bound by future revisions to the Terms. It is your responsibility to periodically review the most current version of the Terms. You may use your browser to print copies of the Terms and any updated versions thereof.
Last updated July 14, 2010.