Pacific Biosciences of California, Inc. (“Pacific Biosciences”) provides you with access to and use of this 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 or use of certain portions of this Site may be subject to further terms and conditions in addition to those provided below. The Terms provided herein 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 version of these 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.
As used herein, the terms “we” and “our” refer to Pacific Biosciences. 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 the 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 in these Terms should be construed to alter such agreements.
Subject to these Terms, and to all other notices, 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”), solely for the purpose of obtaining information about Pacific Biosciences and its products or services, or in connection with your proper use of Pacific Biosciences products or services (“Purpose”). All other uses are expressly prohibited.
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 all applicable Other Terms. You may have broader rights with respect to certain software, data or other Content under any applicable Other Terms, and nothing in these Terms is intended to impose further restrictions on your proper use of such Content under such Other Terms.
You may use information regarding Pacific Biosciences products or 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) do not remove any copyright, trademark or other legal notice, (2) use such information only for your personal informational purposes (except that you may not use such information to compete with Pacific Biosciences) and do not copy or post such information on any shared directory or broadcast it in any media without the express written consent of Pacific Biosciences, (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 at times be out of date, and Pacific Biosciences makes no commitment to update the materials on the Site with respect to such products or 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 shared directory 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.
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, and 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 (if any) 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 (if any) 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 an employee 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 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 full responsibility for all activities that occur under your account or password (such activities will be deemed your activities for purposes of these Terms). 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 (which may include blocking 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.
In addition, 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, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. You agree that Pacific Biosciences will not be liable to you or to any third party for termination of your account and/or access to the Site.
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.
No Warranties from Pacific Biosciences; Compliance with Laws and Regulations; 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 or 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 all 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 of, the Site and/or any feature or 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 residents of Cuba, Iran, North Korea, Sudan, Syria or any country subject to U.S. embargo or to any person or entity (or to any individual employed thereby or otherwise associated therewith) on the U.S. government’s Denied Persons List, Specially Designated Nationals list, Entity List, Unverified List or any other similar list maintained by the U.S. government or any other government to whose laws or regulations Pacific Biosciences, any of its subsidiaries or affiliated companies, or you are subject. 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 neither Pacific Biosciences nor its affiliates, nor their respective directors, officers, shareholders, employees, agents or 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.
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 or 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 or 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 or 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 (or manager/operator, as applicable) of this Site. Pacific Biosciences reserves the right to redirect (to any page it chooses) or block any links to the Site.
Forward Looking Statements
All statements on the Site or in the Content that are not historical are forward-looking statements. These statements may contain words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” “predicts,” “projects,” ” seeks,” “targets,” “will,” “would,” the negative of these terms, or other similar expressions. You should not place undue reliance on forward-looking statements because they involve known and unknown risks, uncertainties and other factors that are, in some cases, beyond our control and could materially affect actual results. Factors that could materially affect actual results can be found in our filings with the Securities and Exchange Commission, including our most recent reports on Forms 8-K, 10-K and 10-Q, and include those listed under the caption “Risk Factors.” Pacific Biosciences undertakes no obligation to update forward-looking statements.
You agree to defend, indemnify, and hold harmless Pacific Biosciences, its affiliates, and their respective directors, officers, shareholders, employees, agents and contractors, from and against any claims, actions, demands or suits, including, without limitation, reasonable attorneys’ fees, arising from your access to and/or use of the Site and/or the Content, or any breach of the Terms or applicable Other Terms by you.
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 or the Content, and/or involving these Terms, shall be brought in the state courts in the State of California, County of Santa Clara, 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.
Pacific Biosciences may, in its sole discretion, modify, restrict, or terminate this agreement, any of these Terms, and/or your continued access to or use of the Site and its Content, at any time and without notice or liability. By your continued use of the Site you agree to be bound by the version of these Terms then provided in this section of the Site. It is your responsibility to periodically review the most current version of these Terms. You may use your web browser to print copies of these Terms and any updated versions thereof.
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. Pacific Biosciences, the Pacific Biosciences logo, PacBio, SMRT, SMRTbell, Iso-Seq, and Sequel are trademarks of Pacific Biosciences. BluePippin and SageELF are trademarks of Sage Science, Inc. NGS-go and NGSengine are trademarks of GenDx. All other trademarks are the sole property of their respective owners. Except for the limited license provided above, no right or license is granted or implied to use any copyrighted Content or trademarks (registered or unregistered) of Pacific Biosciences or any third party. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws. 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.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Pacific Biosciences is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Legal Department:
1380 Willow Road
Menlo Park, CA 94025
Tel. (650) 521-8000
Pacific Biosciences respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pacific Biosciences’ Legal Department the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.