Bringing Digital Pathology to Life
The Aperio Web Site (the "Site") is an online information service provided by Aperio Technologies, Inc. ("Aperio"), subject to your compliance with the terms and conditions set forth below. Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. Aperio reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification. The terms and conditions herein apply to Aperio, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as "Aperio." The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Aperio. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Aperio. The terms and conditions applicable to any Aperio product or service are contained in the specific agreement(s) relating to such product or service. Aperio products are FDA cleared for specific clinical applications, and are intended for research use for other applications. Disclaimer of Warranties and Liability Information offered on this Site is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will Aperio be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Aperio is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will Aperio warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site. This web site could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the website. Aperio may make improvements and/or changes in the products(s) and/or the program(s) described in this publication at any time. Confidentiality Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to Aperio (collectively "Feedback") shall be deemed to be non-confidential and shall become the sole property of Aperio. Subject to the conditions described on the privacy page of this Site, Aperio shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback. Patents Aperio products and services are covered by one or more of the following patents:
Trademark Rights Aperio, the Aperio Logo and the Aperio product and service names referenced in this Site ("Aperio Marks") are trademarks and service marks or registered trademarks and service marks of Aperio. Your use of the Aperio Marks is governed by the Aperio Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners. Please contact Aperio at 750.539.1100 for more information on trademark use. Copyright Information Copyright Notice: © 2007 Aperio. All Rights Reserved. Please refer to the Aperio Copyright Usage Requirements for additional information concerning copyrights. Services, products, technologies and processes described in this Web site (www.aperio.com) may be subject of Aperio Intellectual Property rights and are not licensed hereunder. Linking Policy You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray Aperio and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by Aperio. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any Aperio trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Aperio's express written consent. To obtain consent, please email your request to webmaster@aperio.com or send regular mail to Internet Manager; Aperio; 1430 Vantage Court #106; Vista, CA 92081; USA. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Aperio Marks; (ii) the content of the Site; nor (iii) any other intellectual property or proprietary rights of Aperio. Aperio makes no representations, warranties or endorsements with respect to any non-Aperio web site which may be accessed from this Site. When you access a non-Aperio web site, please understand that Aperio has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items. Special Admonition for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Jurisdictional Issues This Site is controlled and operated by Aperio through its corporate headquarters within the State of California and this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Indemnification You agree to indemnify, defend and hold harmless Aperio, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Miscellaneous This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice. Some of the information on this Site may contain certain forward-looking statements within the meaning of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995 regarding events and trends that may affect Aperio's future results. Such statements are subject to risks and uncertainties that could cause Aperio's actual results to differ materially. Such factors include, but are not limited to, Aperio's ability to recruit and maintain key technical and managerial personnel, the maintenance of its existing relationships with key alliance partners, regulatory changes applicable to the use of consumer credit and other data, its ability to continue to develop new and enhanced products and services, competition, market demand and other factors described in Aperio's annual report to stockholders, its annual report on Form 10-K, quarterly reports on Form 10-Q, and other reports filed with the Security and Exchange Commission. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use. Any action against Aperio must be brought within six (6) months after the cause of action arises. Aperio is not responsible for delay or failure to perform due to causes beyond its reasonable control. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(l)(ii) and FAR 52.227-19. Any questions or bug reports regarding this service should go to: webmaster@aperio.com. Any rights not expressly granted herein are reserved. |
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