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Ventana Medical Systems, Inc. Terms and Conditions of Use

Introduction

Please read these terms and conditions carefully before using this website.

Thank you for visiting a website of Ventana Medical Systems, Inc. ("Ventana"), A Member of the Roche Group. Ventana provides this website as a service to its customers and the public. By using, accessing, or viewing this site, you agree to all of the following Terms and Conditions, as well as those outlined in Ventana's Privacy Policy, which is expressly incorporated herein. These Terms and Conditions apply to all use of and access to any text, graphics, information, documents, web pages, software, code, metadata, and other content that make up this website ("Content"), including all Content authored by Ventana ("Ventana Content") and all Content submitted, posted, or displayed by you or third-parties ("Third-Party Content").

Unauthorized Uses

Ventana, in its sole discretion, may determine which uses of this website are improper and/or unauthorized. Any use of this website for any purpose not expressly authorized by Ventana is unauthorized and is strictly prohibited. Ventana may take any appropriate action in response to unauthorized uses of this website, including but not limited to modifying, updating, replacing, adding, removing, or refusing access to any Content as well as terminating, blocking, or suspending any user of this website. Unauthorized uses of this website include, but are not limited to, the following:

  1. Using, accessing, or viewing this website for any purpose competitive with Ventana;
  2. Exploiting this website for commercial purposes or soliciting any business activity, including recruitment, marketing, advertising, or the sale of any product or service;
  3. Using this website in violation of any or any other national, state, or local law;
  4. Using this website in violation of any legal duty owing to a third-party arising under contract or tort;
  5. Violating Ventana's Privacy Policy or otherwise disclosing private information of third parties;
  6. Submitting, posting, or displaying Content that:
    1. is indecent, pornographic, obscene, or otherwise inappropriate or off-topic;
    2. infringes any person or entity's patent, trademark, copyright, or other intellectual property, or that constitutes false advertising or unfair competition;
    3. you do not have the legal right to disclose or make available, including without limitation insider information, proprietary or confidential information, or trade secrets;
    4. includes fraudulent statements or other misrepresentations that are defamatory or portray any person or entity in a false light, or that is posted under a false name or impersonation;
    5. is inflammatory, threatening, abusive, intimidating, or that uses rude language;
    6. is unlawfully discriminatory against protected classes of persons under applicable laws.

Copyrights and Trademarks and other Intellectual Property

© 2010 Ventana Medical Systems, Inc. By accessing, viewing, or using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. Ventana owns the copyright in all Ventana Content, unless otherwise indicated. You may not copy, reproduce, alter, modify, or create derivative works of any Ventana Content, in any format or media, without Ventana's express prior written permission.

Ventana claims no ownership or control over any Third-Party Content submitted, posted, or displayed by you or a third party on or through this website. By submitting, posting, or displaying Third-Party Content, you represent and warrant that you have the appropriate copyright and other intellectual property rights necessary to do so, either directly or through a proper license from the relevant third-party. You or a third-party licensor, as appropriate, retain all copyright and other intellectual property rights to any Third-Party Content you submit, post, or display on or through this website, and you are responsible for protecting those rights.

By submitting, posting, or displaying Third-Party Content on or through this website, you grant Ventana a worldwide, non-exclusive, royalty-free license to reproduce, publish, and distribute such Third-Party Content on this website or through other services offered by Ventana. Ventana reserves the right to refuse to accept, post, display, maintain, store, or transmit any Third-Party Content in its sole discretion.

BENCHMARK, CONFIRM, DISCOVERY, INFORM, NEXES, OPTISURE, PATHWAY, SYMPHONY, ultraView, VANTAGE, VENTANA, the Ventana Logo, and the Ventana HD H&E Logo are trademarks of Roche. All other trademarks are the property of their respective owners.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Ventana, or any other member of the Roche Group, or any third party, except as expressly granted herein.

Third-Party Content Policy

Ventana's policy is not to tolerate any Content that infringes or misappropriates intellectual property rights, violates federal or state law, or contains any material that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, within Ventana's sole and subjective discretion. In appropriate circumstances, Ventana will terminate repeat infringers of this policy. If you believe that someone has posted Content which violates your rights under this policy, you may send a written complaint containing the following information to the address listed below under "Contact Information":

  1. The nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks, or patents allegedly infringed);
  2. All facts which lead you to believe that a right has been infringed or violated;
  3. The precise location where the allegedly offending Content is located;
  4. Any grounds to believe that the person who posted the allegedly offending Content was not authorized to do so or did not have a valid defense (including the defense of fair use); and
  5. If known, the identity of the person or persons who posted the infringing Content.

Ventana has the right but not the obligation, contractual or otherwise, to investigate any such complaint received and to undertake, or to refrain from undertaking, any particular course of conduct as a result of such complaint. By submitting such complaint to Ventana, you agree that any representation therein is made under penalty of perjury; you agree to indemnify and to hold Ventana harmless for any claims, damages, or other losses incurred as a result of your complaint; and you waive any and all claims or remedies which you might otherwise be able to assert against Ventana under any theory of law, including without limitation intellectual property laws, which arise out of or relate in any way to any Content, or Ventana's response or failure to respond to your complaint.

Unsolicited Idea Submission Policy

Ventana does not accept or consider for its own business purposes any unsolicited ideas or other works in any form, including ideas for new or improved products, processes, enhancements, materials, marketing or other business plans, or any names or trademarks ("Unsolicited Ideas"). To avoid any misunderstanding that any Ventana product, service, or other work created by Ventana may be similar to Unsolicited Ideas submitted to Ventana, you should not submit any Unsolicited Ideas to Ventana or any of its employees either through this website or otherwise.

If, despite our policy, you do submit Unsolicited Ideas to Ventana, then regardless of the content of such submissions, and notwithstanding any copyright that you may have in the expression of Third Party Content, you agree (1) that your submissions automatically become the property of Ventana, without any compensation or other consideration to you; (2) that Ventana may copy, distribute, or otherwise use such submissions for any purpose and in any way; (3) that Ventana has no obligation to review or consider such submissions; and (4) Ventana has no obligation to keep any submissions confidential.

Independent of this Unsolicited Ideas Submission Policy, Ventana does welcome your feedback regarding Ventana's existing products and services, which we encourage you to submit to us by contacting us at tucson.reception@ventana.roche.com

Adverse Event Reporting

This site is not intended for the purpose of reporting any adverse events related to Ventana products. If you or any person you know has experienced any adverse effects related to any Ventana product, please contact the company directly at the following address:

Ventana Medical Systems, Inc.
1910 E. Innovation Park Dr.
Tucson, AZ 85755
Phone: 800-227-2155

Disclaimer of Warranty, Waiver of Liability, and Indemnification

THE CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Nothing on this website, including the Content, should be construed as a commitment of any kind by Ventana. Ventana makes no guarantee as to the currency, accuracy, quality, or completeness of information published and/or archived on this website, nor will Ventana accept any responsibility for other organizations, businesses, and private persons that provide information on this website. Press releases, notices, or other Content contained on or accessible from this website are provided as of their date of issuance or publication and Ventana disclaims any obligation to update or supplement such information on any subsequent date. Nothing on this website should be construed as or deemed to be advice or counsel regarding any health or medical condition, or the diagnosis or treatment of any health or medical condition; users are advised to confer with a physician to obtain medical guidance. All information on this website regarding products and services provided by Ventana is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, however Ventana is not responsible for misprints, out-of-date information, or errors

VENTANA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO LEGAL LIABILITY OR RESPONSIBILITY FOR THE CURRENCY, ACCURACY, QUALITY, OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEBSITE. By using this website, you assume the risk that the Content on this website may be inaccurate, incomplete, not up-to-date, or otherwise not meet your needs or requirements. VENTANA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CONTENT. IN NO EVENT WILL VENTANA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE, INTENDED USE, FORWARDING, OR COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF VENTANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any warranty that is provided in connection with any Ventana products described on this website shall be limited to the warranties provided in the documents of sale of such product, and any limitations included therein.

You agree to indemnify and hold harmless Ventana for any liability, damages, losses, and costs of any kind, (including without limitation reasonable attorneys' fees) related to third-party claims, charges, complaints, or investigations, caused by (a) your failure to comply with these Terms and Conditions; (b) any Third-Party Content you submit, post, or display; (c) any representations or misrepresentations you make to Ventana; or (d) any other activity in which you engage through this website or other online services provided by Ventana.

Forward-Looking Statements; No Offer and No Solicitation

This website may contain certain "forward-looking" statements. Forward-looking statements, by their very nature, include risks and uncertainties that could cause actual results to be materially different from those anticipated in or implied by forward-looking statements. Forward looking information may be subject to a variety of significant uncertainties, including scientific, business, economic, and financial factors, and therefore actual results may differ significantly from those presented. The information provided on this website is not intended to and does not constitute an offer of or solicitation for the purchase or disposal of, trading, or transaction in any securities. Investors must not rely on any information contained herein for investment decisions.

Links to Third-Party Websites

Certain links on this website may lead to resources or content located on servers that are not maintained by Ventana or under its control. VENTANA MAKES NO CLAIM, WARRANTY, OR REPRESENTATION REGARDING, AND IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR, THE QUALITY, CONTENT, NATURE, OR RELIABILITY OF ANY SUCH LINKED WEBSITES AND THE INFORMATION, PRODUCTS, AND SERVICES FOUND THEREON; ANY LINK CONTAINED IN A LINKED SITE; OR FOR THE AVAILABILITY OF ACCESS TO SUCH WEBSITES.

No Endorsement

The inclusion on this website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, is provided only as a convenience and the inclusion of any link or reference does not constitute or imply an endorsement, approval, affiliation, sponsorship, or recommendation by Ventana.

Applicable Laws

This website (excluding linked sites) is controlled by Ventana within the State of Arizona, United States of America. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing this website, both you and Ventana agree that the statutes and laws of the State of Arizona will apply to all matters relating to the use of this website, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this website shall only be brought in the state or federal courts located in the State of Arizona. Ventana makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Void Where Prohibited

Although this website and its Content may be accessible worldwide, not all products or services discussed on this website are available to all persons or in all geographic locations or jurisdictions. Ventana reserves the right to limit the marketing and/or sale of its products and the accessibility of this website. Any offer for any product or service made on this website is void where prohibited by law. Unless otherwise noted, product names, descriptions and labeling are of United States origin.

Digital Millennium Copyright Act Policy

Ventana follows the requirements of the Digital Millennium Copyright Act (“DMCA”) in responding to proper claims that Content available on this website infringes a valid copyright. If you have a good faith belief that Content available on this website infringes your copyright rights, you should submit a notice of claimed infringement (“NOCI”) to the following address: Ventana Medical Systems, Inc., Attn: Legal Department — DMCA Notices, 1910 E. Innovation Park Dr., Tucson, Arizona 85755; or, alternatively, fax a NOCI to (520) 229-4205. Ventana will respond to a NOCI that substantially complies with section 512(c)(3)(A) of the DMCA. A proper NOCI includes the following:

  1. A sufficient description of the copyrighted work that allegedly has been infringed;
  2. A thorough description of the Content you claim is infringing such copyrighted work, including the URL of the web page containing the allegedly infringing Content or how it was accessed or viewed;
  3. Your contact information (preferably an email address);
  4. Information sufficient to identify and notify the person who posted, submitted, or displayed the allegedly infringing content (preferably an email address), if possible;
  5. The statement “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”;
  6. The statement “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; and
  7. Your signature.

Upon receipt of a proper NOCI, Ventana will act expeditiously to remove or disable the allegedly infringing Content. Within its sole discretion, Ventana may terminate or block any users allegedly infringing the copyright rights of any third party, and Ventana will terminate repeat infringers. If Ventana removes or disables access to Content, or terminates or blocks a user, in response to a NOCI, Ventana will take reasonable steps to contact the person who posted, submitted, or displayed such content to allow such person to submit a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To submit a proper counter notification, you must include the following information in a written communication to the address listed below under “Contact Information”:

  1. Your name, address, telephone number, and email address;
  2. A sufficient description of the Content that Ventana has removed or to which Ventana has disabled access, including the specific URLS or how the Content was accessed or viewed;
  3. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if you live outside the United States, the U.S. District Court for the District of Arizona), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person;
  4. The following statement, “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that I have removed or disabled the content identified by the complainant, which content will no longer be shown.”; and
  5. Your signature.

When we receive a proper counter notification, we will provide a copy to the complainant. Within its sole discretion, Ventana may reinstate or unblock the Content or user in question unless the complainant notifies Ventana within ten days of the counter notification that complainant has initiated a lawsuit seeking a court order to restrain the infringement. If the complainant provides notice that he or she initiated litigation, Ventana will not repost or restore access to infringing content unless ordered to do so by a court.

Changes to Terms and Conditions

Ventana reserves the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions at www.ventanamed.com. You should visit this page from time to time to review the then-current Terms and Conditions that are binding on you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or correspondence sent to you. The effective date of these Terms and Conditions is July 19, 2010.

Contact Information

Please send any questions or concerns regarding these Terms and Conditions, or any notices or complaints (other than adverse event reporting as noted above), to the following address:

Ventana Medical Systems, Inc.
Ventana Legal Department -- Internal Compliance
1910 E. Innovation Park Dr.
Tucson, Arizona 85755