1. Your Acceptance
We reserve the right at any time to:
- Change the Website, including eliminating or discontinuing any information or feature of the Website
2. Wafergen Website
The Website may contain mention of third-party products and services for informational purposes. Wafergen makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Wafergen “AS IS,” without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.
3. Website Access
The content on the Website, including without limitation the information, text, graphics, photos, and the like (collectively, the “Content”), is owned by or licensed to Wafergen, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Wafergen reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.
The trademarks, service marks and logos contained on the Website or in the Content, are the intellectual property of Wafergen, it owners/operators, affiliates, and/or licensors, and are protected by the Trademark Laws of the United States and other jurisdictions. Content is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nothing on the Website shall be construed as conferring any license under any Wafergen trademark or other intellectual property rights.
It is noted here that Affymetrix, Inc. has no affiliation with the SmartChip MyDesign Chip.
6. Use of Website
In connection with your use of the Website, you agree that you will not: restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website; use the Website for any unlawful purpose; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; remove any copyright, trademark or other proprietary rights notices contained in the Website; “Frame” or “mirror” any part of the Website without our prior written authorization; or use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
While using the Website, you agree to comply with all applicable laws, rules and regulations.
7. Warranty Disclaimer
IN ADDITION TO HISTORICAL INFORMATION CONTAINED HEREIN, THE WEBSITE MAY CONTAIN PREDICTIONS AND OTHER FORWARD-LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES, INCLUDING (A) STATEMENTS CONCERNING WAFERGEN’S EXPECTED FINANCIAL CONDITION, RESULTS OF OPERATIONS AND CAPITAL REQUIREMENTS, (B) THE IMPACT OF COMPETITION AND TECHNOLOGICAL CHANGES, (C) WHETHER POTENTIAL NEW PRODUCTS WILL BE SUCCESSFULLY DEVELOPED OR GAIN MARKET ACCEPTANCE, (D) THE DOMESTIC AND INTERNATIONAL REGULATORY ENVIRONMENT AND THE POTENTIAL IMPACT OF REGULATORY CHANGES, UNCERTAINTIES OR DELAYS, (E) POTENTIAL CONTRACT DISPUTES OR CONFLICTS REGARDING INTELLECTUAL PROPERTY RIGHTS, (F) THE OUTCOME OF ANY LITIGATION IN WHICH WAFERGEN IS INVOLVED AND THE POTENTIAL IMPACT OF LITIGATION ON WAFERGEN’S BUSINESS, AND (G) OTHER RISKS DETAILED IN WAFERGEN’S ANNUAL REPORT ON FORM 10-K, QUARTERLY REPORTS ON FORM 10-Q AND OTHER SEC FILINGS. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THOSE PROJECTED. WAFERGEN HEREBY DISCLAIMS ANY INTENT OR OBLIGATION TO UPDATE THESE FORWARD-LOOKING STATEMENTS.
8. Limitation of Liability
IN NO EVENT SHALL WAFERGEN, ITS OWNERS/OPERATORS AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY REASON ARISING FROM OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAFERGEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Jurisdictional Issues
The Website is solely directed to individuals residing in the United States. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Wafergen, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Wafergen that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.
We make no representation that any materials or content (including User Submissions) available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or any content (including User Submissions) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.