Terms of Use

HTG Molecular Diagnostics, Inc. (“HTG”) welcomes you to our website (“Site”). Use of this Site is conditioned upon the acceptance of the following terms and conditions by each visitor or any entity such visitor represents (individually or collectively, “you”). If you cannot or do not wish to agree to all of these terms and conditions, please do not use the Site.

Your Consent

By using the Site, you agree on an on-going basis to these Terms of Use, as all or part may be modified from time-to-time, and to any applicable international, national, federal, state and local laws and regulations.

The Terms of Use found here supersede any and all earlier version(s) effective immediately upon posting to this location. We ask that you regularly return to this webpage to view any changes to the Terms of Use and/or to refresh your memory of them.

Permitted Uses

We encourage you to view the Site and its content, and, while there, Build Your Own Assay.

You may also download material on the Site that is expressly marked or enabled by HTG for download, provided that:

(i)         All copyright or other notices of proprietary rights contained in such downloaded material are retained and reproduced in any permissible copies you make of such materials;

(ii)        Such downloaded materials are only for the personal, non-commercial use of the individual who downloaded them;

(iii)       You may not modify such downloaded materials in any way or reproduce, publicly display, perform, distribute (including, by posted on any network computer), transmit (including by broadcast in any media), or create derivative works from any such downloaded materials, or otherwise use such downloaded materials in violation of copyright or other proprietary rights; and

(iv)       No such materials are downloaded or other otherwise exported in violation of any nation’s export control law(s), which prohibiting the export of certain technical data and software to certain territories.

Except for permissible downloads from the Site, no scraping, copying or other reproduction of this Site, its design or its content is allowed.

Lastly, you may upload information to the Site as set forth in “User Submissions” (below).

Privacy Policy

We may collect registration and other information about you through the Site. Our collection and use of this information is described in the Privacy Policy. We reserve the right, in our sole discretion and without notice, to review, refuse, move or delete all or part of any content submitted to any part of this Site.

User Submissions

This Site may now or in the future enable you to participate in online forums and/or to submit communications or other information to HTG.

For each submission to this Site, you agree not to submit content that: (i) is or may reasonably be construed as abusive, defamatory, obscene, threatening, illegal or otherwise inappropriate; (ii) breaches any duty toward or rights of any third party or actually or allegedly infringes any third party intellectual property rights; or (iii) contains any spyware, malware (e.g., viruses, worms, Trojan horses), bugs, spam or the like that may affect the operation of any computer, system or network;

For each submissions that is not Customer-Service Information (see below), you further (a) agree and warrant that no part of the content of such submission is confidential information of yours or any third party; and (b) waive any and/or all proprietary rights in such content and grant HTG a perpetual, irrevocable, fully transferable, non‑exclusive, royalty-free right to use, copy, distribute or modify such content (including any ideas, concepts, inventions, know-how, or techniques) in whatever manner and for whatever purpose in accordance with HTG’s Privacy Policy.

Customer Accounts and Customer-Service Information:

If you (or an entity you represent) are a HTG customer, you may be provided a username and password to access areas of the site reserved for customers and/or for your specific account. You are solely responsible for all activities that occur through a customer portal and/or your account. Please safeguard your username and password to protect your account from unauthorized use. In the event of any security breach relating to your account, please notify HTG immediately as set forth in the “Contacting Us” section.

As an account holder, you may have the ability to upload certain information to the Site to enable HTG to conduct services (e.g., contract product manufacturing and/or assay services) for you or an entity you represent (“Customer-Service Information”). Each such service may be subject to a separate written agreement between you (or your represented company) and HTG, which separate agreement shall control in event of conflict with these Terms of Use.

Each time you upload Customer-Service Information to this Site you (and your represented entity):

(1)        Represent and warrant that you (or your represented entity) own, and/or have appropriate permission from the rightful owner of, the Customer-Service Information as is(are) necessary to deliver such information to HTG, and for you to grant HTG the rights set forth in these Terms of Use;

(2)        Grant HTG a royalty free, non-transferable, non‑exclusive license for the term of the applicable services to use, copy, distribute or modify in any manner whatsoever such Customer-Service Information for the purpose of providing the requested Services to you (or your represented entity);

(3)        Remain solely responsible for: (A) any errors or omissions in your Customer-Service Information; and (B) any service failures arising as a result of your Customer-Service Information.

Forums:

HTG does not endorse and specifically disclaims any responsibility or liability for any user content in a forum.

Links to This and Other Sites

The Site may contain links to other websites for your convenience. These websites operate independently from HTG, and are not under our control. These websites may have their own terms of use and privacy policies, which we highly recommend you review. We are not responsible for the content of these websites, their policies or practices, or any products or services they may offer.

You may not link to any HTG Site without HTG’s prior written approval. Please contact us as set forth in the “Contacting Us” section to request such approval.

Intellectual Property

This Site and its content are protected under United States (“U.S.”), foreign, and international intellectual property treaties, laws, rules and regulations. HTG and its licensors or other third-party owners of Site content claim their respective intellectual property rights relating to the Site and its content to the fullest extent permitted by applicable law, including but not limited to, trademarks (registered or common law), trade names, inventions (whether patented or not), copyrights, design rights, and/or know-how.

Except as permitted in these Terms of Use or other agreement(s) duly authorized in writing by HTG, this Site and its content may not be used without advance written permission of HTG or, as applicable, the respective third party owner. Nothing contained in or on this Site should be construed as granting any one, including you or your agents, any license (express or implied) to any intellectual property rights of HTG or, as applicable, a respective third party owner.

Trademarks:

HTG claims trademark rights in the HTG logo and names of HTG products or services to the fullest extent permitted by applicable law, whether as a registered trademark in countries where registered or under theories of common law trademark rights. Without limiting the foregoing, the HTG logo, HTG Edge System, qNPA, qCustom, qFix, qSelect, Capella, Super Capella, Omix, and OMIX HD are trademarks or registered trademarks of HTG Molecular Diagnostics, Inc. Any third party trademarks shown on this Site are the property of their respective owners.

Copyright:

This Site is protected by U.S. and foreign copyright laws, and international treaties. Except as otherwise indicated, HTG and, as applicable, its licensors own all copyright in the content of the Site (including, without limitation, all written materials, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear on this Site and HTML and other code).

Patent Rights:

All or parts of products or services described on this Site may be the subject of at least one claim of one or more of HTG’s pending patent applications or issued patents. Pending applications include PCT Publication Nos. WO2008/121927, WO2011/056863, WO2012/151111, WO2013/049231, WO2013/006195, and any related national phase filings. Issued patents include U.S. Patent Nos. 6232066, 6238869, 6331441, 6479301, 6803238, 7413852, and/or 7659063, and any and all foreign counterparts.

DISCLAIMER

YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THE OPERATION OF AND ALL INFORMATION OR MATERIAL AVAILABLE ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, HTG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR ACCESS TO AND USE OF IT, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HTG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS OF USE, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HTG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Without limiting the generality of the immediately preceding paragraph, HTG assumes no liability or responsibility for any (i) errors, mistakes, omissions or inaccuracies of content on this Site or any site linked to this Site, (ii) user content on any Site forum, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Site, (iv) unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (v) interruption or cessation of transmission to or from this Site, (vi) spyware, malware (e.g., viruses, worms, Trojan horses), bugs, or the like that may be transmitted to or through this Site by any third party, and/or (vii) loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via this Site.

Research Use Only

Each HTG product is labeled to comply with applicable regulations in the jurisdiction where such product is sold. HTG products labeled “For Research Use Only” or the like are solely for research uses and not for any clinical use, including, e.g., for human diagnostic purposes. Before using any HTG product, please read carefully and follow the product labeling. Any deviation by you from HTG product labeling is expressly disclaimed and at your own risk.

Access from Outside the U.S.

This Site is commissioned by HTG, the headquarters of which is located in the State of Arizona, U.S. If you access this Site from outside the U.S., HTG makes no representation that the Site content is appropriate for your jurisdiction or that any products or services are available for use in your jurisdiction. Those who choose to access this Site from ex-U.S. locations do so on their own initiative and at risk, and are responsible for compliance with their applicable local laws.

 

Contacting Us

If you have questions or comments about these Terms of Use, please send us a message by emailing to info@htgmolecular.com.

General Terms

HTG’s failure to strictly enforce any provision of these Terms of Use or to exercise any right, power, or privilege arising hereunder does not constitute a waiver of HTG’s right to thereafter strictly enforce such terms or conditions or exercise such right, power, or privilege. If any provision(s) of this Terms of Use is(are) held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions, rights, powers, and privileges shall not be affected or impaired. These Terms of Use are governed by the laws of the State of Arizona, U.S., without reference to its conflict of laws principles.

 

Last updated: 09/09/2013 - 11:09