Last Updated: August 1, 2009
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
IMPORTANT NOTICE TO YOU
Copies of These Terms and Conditions; Updates
In some instances, you may be required to register to gain access to certain Site areas or services. If you choose to register on our Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.
You may not frame or utilize framing techniques to use, surround, or enclose any of Affymetrix' names, trademarks, service marks, logos, or other proprietary information (including; images, text, page layout, or form) of Affymetrix and/or our affiliates or subsidiaries without Affymetrix' express written consent.
This Site is controlled and operated by Affymetrix from its offices within the State of California, United States of America. Affymetrix makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology, and other information from this Site are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology, or other information from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise 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.
Trademarks and service marks owned by Affymetrix and/or its subsidiaries and affiliates include, but are not limited to, Affymetrix®, GeneChip®, NetAffx®, and Command Console®, Powered by Affymetrix, GeneChip-compatible, Genotyping Console, DMET, GeneTitan, Axiom, GeneAtlas, Anapoe®, CYMAL®, ExoSAP-IT®, Fos-Choline®, HotStart-IT®, LysoFos®, PrepEase®, Sequenase/ThermoSequenase,,TUF Enzymes, USB®, ANATRACE®, ANAGRADE®, ANAMEG®, ANAPOE®, ANZERGENT®, C-HEGA®, C-DODECAFOS, C-OCTAFOS, CYCLOFOS, CYGENT, CYGLU®, CYMAL®, CYPFOS, FOS-CHOLINE®, DIFOS, FOS-MEA®, FOSFEN, HEGA®, PMAL, SHERPA®, and SOL-GRADE®. Affymetrix' trademarks and service marks may not be used in connection with any product or service that is not from Affymetrix, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Affymetrix. All other trademarks, service marks and logos used in this Site are the trademarks, service marks, or logos of their respective owners. Affymetrix does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Affymetrix or any other entity by virtue of your use of this Site.
Our Use of Your Data and Communications
You are welcome to transmit or submit comments, content, and other communications ("User-Submitted Content") to our community and discussion forum or other locations designated by us 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 the blog pages are intended.
Affymetrix may, but is not obligated to, monitor or review any areas of the Site where User Submitted Content may be made available, including, but not limited to, blogs, chat rooms, bulletin boards, and other user forums. Affymetrix does not endorse and has no control over User-Submitted Content. Any User-Submitted Content, even if posted by any employees of Affymetrix, is not necessarily reviewed by Affymetrix prior to submission or posting and does not necessarily reflect the opinions or policies of Affymetrix. Affymetrix will have no liability related to the User Submitted Content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, and you agree to release Affymetrix and its affiliates and their respective officers, directors, shareholders, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the blogs. Affymetrix retains the right to remove, in its sole discretion, User-Submitted Content that includes any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
If you become aware of any misuse of the community and discussion forum by any person, please contact firstname.lastname@example.org.
Hyperlinking to this Site
Use of Robots
At this time, Affymetrix does not permit the use of robots, spiders, crawlers, or the like in connection with the Site without Affymetrix' prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories.
Registration is required for you to access certain portions of the Site. If you complete the registration form, you represent that the information on your registration form is complete and accurate, and that you will promptly contact Affymetrix to update this information if it changes. When registering, you must select a user ID and password. You are solely responsible for keeping your password confidential, and for all use of the Site with your password. You must immediately notify Affymetrix of any known or suspected unauthorized use of your password.
External Hyperlinks from the Site
The Site contains hyperlinks to third-party websites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by Affymetrix of any third party or its website, products, resources, or other information. An external hyperlink to a site does not imply that Affymetrix is affiliated with or sponsors the third-party website. Affymetrix is not responsible for any software, data, or other information available from any third-party website. You are solely responsible for complying with all terms and conditions of use for the third-party sites. You acknowledge that Affymetrix shall have no liability for any damage or loss arising from your access to, use of, or reliance on any third-party site, software, data, or other information.
Accuracy and Integrity of Information
Although Affymetrix attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible the Site may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Affymetrix so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Affymetrix reserves the right to sell products for prices higher or lower than those listed on this website and to accept or reject orders for any reason. Persons interested in placing orders for any products should contact customer service and a current price quote as well as a current version of our terms and conditions will be made available at such time.
THE SITE, ANALYSIS CENTER, AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE." AFFYMETRIX DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. AFFYMETRIX DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, AFFYMETRIX DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION, OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED, OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AFFYMETRIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NEITHER AFFYMETRIX, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE, THE ANALYSIS CENTER, AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF AFFYMETRIX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ANALYSIS CENTER, OTHER SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Affymetrix is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our General Counsel:
3420 Central Expressway
Santa Clara, CA 95051
Tel. (408) 731-5000
Fax. (408) 731-5392
Affymetrix 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 Affymetrix' General Counsel the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. 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;
6. 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.
Investors - Disclaimer Regarding Forward-Looking Statements
All statements in the Site that are not historical are "forward-looking statements" within the meaning of Section 21E of the Securities Exchange Act as amended, including statements regarding Affymetrix' "expectations," "beliefs," "hopes," "intentions," "strategies," or the like. Such statements are subject to risks and uncertainties that could cause actual results to differ materially for Affymetrix from those projected, including, but not limited to, risks of the Company's ability to achieve and sustain higher levels of revenue, higher gross margins, reduced operating expenses, uncertainties relating to technological approaches, product development, manufacturing, market acceptance, personnel retention, uncertainties related to cost and pricing of Affymetrix products, dependence on collaborative partners, uncertainties relating to sole source suppliers, uncertainties relating to FDA and other regulatory approvals, competition, risks relating to intellectual property of others, and the uncertainties of patent protection and litigation. Affymetrix undertakes no obligation to update such forward-looking statements. These and other risk factors are discussed in greater detail in Affymetrix' most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, and other related securities filings available on the Edgar website.