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Digene.com Terms and Conditions of Use
Legal Notices – Terms and Conditions of Use
Your Use of this Site
Digene Corporate Site
Product Labeling and Trademarks
Privacy and Security
Disclaimers; Limitation of Liability
Reservation of Rights
Code of Conduct
Indemnification
Availability of Products
Third Party Sites
Export Control
Digital Millenium Copyright Act
International Users and Choice of Law
Legal Notices – Terms and Conditions of Use
Please Read These Terms and Conditions Carefully Before Using This Site
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE, WHICH APPLY TO ANY PERSON WHO ACCESSES THIS WEBSITE.
This website ("Site") is provided by Digene Corporation ("Digene" or "We," "Our," or "Us") and may be used for informational purposes only. By accessing the Site or downloading or using materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the Site or download or use materials from the Site. PLEASE NOTE THAT NO INFORMATION DISPLAYED ON OR THROUGH THIS SITE IS PROVIDED WITH THE INTENTION OF, OR SHOULD BE VIEWED BY YOU, AS MEDICAL ADVICE OR INSTRUCTION ON THE CORRECT USE OF DIGENE'S PRODUCTS. back to top
Your Use of this Site
Subject to the terms and conditions set forth in these Terms and Conditions of Use ("Terms"), we grant you a non–exclusive, non–transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way or circumvent or attempt to circumvent any security feature of this Site.
We authorize you to download, view, copy and print the information ("Materials") at this Site only for your personal, informational, non–commercial use. This authorization is not a transfer of title in the Materials and/or copies of the Materials and is subject to the following restrictions: (i) you must retain, on all copies of the Materials downloaded, all copyrights and other proprietary notices contained in the Materials; (ii) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose; and (iii) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by international copyright laws and treaty provisions. You agree to comply with all international copyright laws in your use of this Site and to prevent unauthorized copying of the Materials. Except as expressly provided for herein, Digene does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
You hereby grant to Digene the right to use any and all content that you upload or otherwise transmit to the Site, subject to our Privacy Policy, in any manner Digene chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it in other material or making a derivative work based on it, all without compensation or identifying you as the source.
back to top Digene Corporate Site Trademarks and Patents The following are registered trademarks of Digene Corporation:
DIGENE; HYBRID CAPTURE; RAPID CAPTURE, THE DIGENE DESIGN; PUTTING WOMEN'S HEALTH FIRST; ARRAY IN A DAY; HC EXPRESSARRAY; VIRAPAP; VIRATYPE and SHARP SIGNAL. The following are trademarks of Digene Corporation: DNAPAP; DNAWITHPAP; HC2; HC2 HIGH–RISK HPV DNA TEST®; HEPPROBE; THE HPV TEST LOGO; and UCM. The following patent was issued to Digene Corporation for Hybrid Capture technology on Non–radioactive Hybridization Assay and Kit: Patent No.: US 6,228,578. back to top Product Labeling; Trademarks All product names, labeling and descriptions are of United States origin, unless otherwise noted. Our products may not be available in all countries, or may be available under a different brand name, in different strengths, or for different indications. Neither Digene, nor any directors, officer, employee or agent is engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way could be construed to create a doctor–patient relationship through this Site. All product names appearing in this Site are owned by or licensed to Digene or its affiliates. You may not make any use of any of our trademarks, trade names, trade dress or products without our prior written consent. back to top
Privacy and Security We are committed to safeguarding your privacy when you visit this Site. Our use of your personally identifiable information is set forth in our Privacy Policy and by accessing our Site you agree to be bound by our Privacy Policy. Please be advised that while we will utilize certain tools to prevent the unauthorized access to or interception of your personally identifiable information, there can be no guarantee of security. IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION, DESPITE OUR PROTECTIVE MEASURES, WE WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT YOU MAY SUFFER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS. back to top Disclaimers; Limitation of Liability You expressly agree that your use of the Site is at your sole risk. Neither Digene, nor its affiliates, nor any of our or their officers, directors or employees, agents, third party content providers, sponsors, licensors or the like (""Providers") warrant that the Site will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through the Site. THIS SITE MAY CONTAIN FORWARD–LOOKING STATEMENTS THAT REFLECT DIGENE'S THEN–CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AND DEVELOPMENTS. THE FORWARD–LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS AND RESULTS COULD DIFFER MATERIALLY FROM THESE PROJECTED AND DEPEND ON A VARIETY OF FACTORS, INCLUDING, BUT NOT LIMITED TO, MARKET ACCEPTANCE OF OUR PRODUCTS BY THE WORLDWIDE MEDICAL COMMUNITY; DEPENDENCE ON THIRD–PARTY REIMBURSEMENT FROM GOVERNMENT ENTITIES; MANAGED CARE ORGANIZATIONS AND PRIVATE INSURANCE PLANS; THE SUCCESS OF OUR ONGOING MANUFACTURING AND COMMERCIALIZATION ACTIVITIES RELATED TO OUR PRODUCTS; COMPLIANCE WITH REGULATORY REQUIREMENTS AND OBTAINING AND MAINTAINING REGULATORY APPROVALS FOR OUR PRODUCTS; THE VALIDITY AND ENFORCEABILITY OF OUR PATENTS AND PROPRIETARY RIGHTS; PREVAILING ECONOMIC CONDITIONS; AND OTHER FACTORS THAT ARE DESCRIBED FROM TIME TO TIME IN OUR FILINGS WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION. DIGENE INTENDS TO UPDATE THIS SITE PERIODICALLY, BUT ASSUMES NO OBLIGATION TO UPDATE ANY OF THE CONTENT. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS AND DIGENE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. DIGENE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE. DIGENE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIGENE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DIGENE NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES SHALL DIGENE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E–MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGENE'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW. back to top
Reservation of Rights Digene shall have the right at any time and without advance notice to (i) change these Terms, (ii) change the Site, including eliminating or discontinuing any product, service, or other Materials featured on the Site, or (iii) change any fees or charges for the use of this Site. In addition, Digene reserves the right, at any time and without advance notice, to change descriptions of or references to any products or services offered through the Site, or to limit the quantity on any item and/or refuse service to you. Such changes shall be effective immediately upon notice thereof, which may be given by any means in the sole discretion of Digene, including, but not limited to, posting any such notice on the Site or transmitting via e–mail. Your use of the Site after such notice constitutes your acceptance of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most current version. back to top Code of Conduct You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to any material that gives or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If we are notified of any defamatory, damaging, illegal or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site and we may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or properties of Digene, our users and our Providers. We reserve the right to prohibit conduct, communications or content that we, in our sole discretion, deem to be harmful to individual users, us, or any third party or that violate applicable law. Notwithstanding the foregoing, we cannot ensure prompt removal of objectionable content after on–line posting. Accordingly, neither Digene, nor its affiliates, nor any of their officers, directors, employees or agents shall assume liability for any action or inaction with respect to conduct, communication or content on the Site. back to top
Indemnification
You agree to indemnify, defend and hold harmless Digene, its directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms; (ii) your violation of the Code of Conduct set forth above; and (iii) your activities in connection with this Site. back to top Availability of Products Although this Site is available worldwide, not all products described in this Site are available to all persons or in all geographic locations or jurisdictions. Digene reserves the right to limit the availability of the Site and/or the provision of any Service to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any product or service that is furnished through this Site, without liability or obligation to you. The offer of any product or service through this Site is VOID where the offer of such product or service is prohibited. back to top Third Party Sites As a convenience to you, Digene may provide on this Site links to Web sites operated by other entities, including, but not limited to, users, advertisers, affiliates, sponsors, and vendors. If you use these sites, you will leave this Site. If you decide to visit any site you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. Digene makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing or any of the products or services described thereon. If you choose to purchase any product or service from a third party, your relationship is directly with the third party. You agree that Digene is not responsible for (i) the quality of third party products or services, and (ii) fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to purchased products or services. You agree that Digene is not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links are provided for convenience and do not imply that Digene sponsors, endorses, is affiliated or associated with a third party, a third party web site, or any third party products or services. Likewise, links do not imply that Digene is sponsored or endorsed by a third party, a third party web site, or any third party products or services. back to top
Export Control United States export control laws regulate the export and re–export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nations. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Material or other content or information from or through the Site to either a foreign national or a foreign destination in violation of such laws. back to top Digital Millenium Copyright Act In accordance with the Digital Millenium Copyright Act, Digene has adopted the following policy regarding copyright infringements:
You must follow the following procedure
to report copyright infringements:
- Submit a formal Notice of Copyright Infringement containing the following:
- Identification of what is being infringed;
- Where the infringements are located;
- Who is complaining;
- How he or she maybe contacted;
- A statement of good faith belief that the material is infringing; and
- A statement made under threat of perjury that the information provided is accurate
and the complaint is authorized by the copyright holder.
Send the Notice of Copyright Infringement to the following Designated Copyright Infringement Agent for Digene:
Digene Corporation
1201 Clopper Road
Gaithersburg, MD 20878
Attention: General Counsel
- Once this information is received, the following action will be taken:
- The infringing material or site will be blocked.
- The infringing user will then be immediately notified of the situation.
- In the case of first–time offenders, the infringing material will be removed.
- To the extent possible, repeat offenders will be permanently barred from using the Site.
- The user may supply a counter notice that must include the following:
- A statement that the user has a good faith belief that the removal was a result of a misidentification on our part.
- A complete listing of the user's contact information.
- A consent to jurisdiction in federal court.
If our Copyright Agent receives
this counternotice, a copy of the counternotice will be sent to
the original complaining party. The user's material and access will
be restored in 10 to 14 days unless the Copyright Agent is informed
that a lawsuit has been filed over the infringing material. back to top
International Users and Choice of Law This Site is controlled, operated
and administered by Digene from its offices in the United States
of America. Digene makes no representation that the Materials at
this Site are appropriate or available for use at locations outside
of the United States and access to the Materials from territories
where their content is illegal is prohibited. You may not use the
Site or export the Materials in violation of United States export
laws and regulations. If you access this Site from a location from
outside the United States, you are solely responsible for compliance
with all local laws. These terms and conditions of use shall be
governed by the laws of the State of Maryland without giving effect
to its conflict of laws provisions. These Terms constitute an agreement
and the entire agreement between Digene and you with respect to
the use of the Site. Any cause of action you may have with respect
to your use of the Site must be commenced within one (1) year after
the claim or cause of action arises. If, for any reason, a court
of competent jurisdiction finds any provision of these Terms or
portion thereof unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of
these Terms, and the remainder of these Terms shall continue in
full force and effect. © Digene Corporation 2005. All rights reserved back to top
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