Terms and Conditions
Please read the following terms and conditions (“Terms and Conditions”) carefully before using this web site (“Site”). By accessing or using this Site, you agree to the following Terms and Conditions which shall constitute a legally binding agreement between you and Luminex Corporation (“Luminex”). You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site.
1. We Provide Our Web Site For Your Convenience Only
Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
- the content is accurate or complete;
- the content is up-to-date or current;
- we have a duty to update any content;
- the content is free from technical inaccuracies or typographical errors;
- the content is free from changes caused by third party; and
- your access to our Site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site “As Is” and Disclaim All Warranties
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as available” and on an “as is, where is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND ANY SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND ANY SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
3. We Do Not Have Responsibility For Links To Third Party Content
We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party content on our web site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content in any linked web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We reserve the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party web site does not mean that we endorse, adopt, authorize or sponsor that web site. It also does not mean that we are affiliated with the third party web site’s owners or sponsors.
5. If a Third Party Links to Our Site, It Is Not an Endorsement
If a third party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site.
A web site that links to our Site:
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services; and
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It Is Non-Confidential
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name “Luminex” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing Luminex’s name or trademarks without the express written consent of Luminex. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
The following are registered trademarks of Luminex Corporation:
The following are trademarks of Luminex Corporation:
- Luminex® 100™
- Luminex® 100 IS™
- Luminex® HTS™
- Luminex® SD™
- Luminex® XYP™
ALL OTHER TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE COMPANIES. LUMINEX DISAVOWS ANY PROPRIETARY INTEREST OR CLAIMS IN THE MARKS OF OTHER COMPANIES OR CORPORATIONS.
FACScanTM and FACSCaliburTM are trademarks of Becton Dickinson and Company.
8. All Content on Our Web Site Is Copyrighted
All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Luminex or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of Luminex and protected by U.S. and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
9. We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this Site constitutes investment advice, including press releases, investor relations materials or our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other Site content are not offers to sell or solicitations of an offer to buy any security.
All investors should know that there are “ups” and “downs” in every business and stock. There are no guarantees about the future performance of the stock market or our stock. Before you invest in any security, you can protect yourself by being an educated investor. If you are interested in our stock, we recommend that, at a minimum, you read our latest annual report and 10-K, 10-Q and 8-K reports to the SEC over the past year. Our recent proxy statements for stockholder meetings also contain important information. It is also advisable to learn more about us and our industry through a variety of public materials.
Our recent annual reports, 10-K and 10-Q reports and other materials are accessible through this web site. Other materials we have filed with the SEC are available through its web site at You can also visit the SEC at its Washington or various regional offices for the same information or hire a document retrieval service to obtain the filings for you.
10. You Should Not Rely on the Stock Price Information on Our Site
We do not generate the information regarding Luminex Corporation stock prices for our Site. Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but Luminex and its suppliers do not warrant or guarantee such accuracy or timeliness. Unless otherwise indicated, stock quotes are delayed at least 20 minutes. Stock quotes indicated as “real-time quotes” may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with “time of last trade” to indicate the timeliness of the data.
You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. Luminex and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. We believe the information regarding our stock prices on the Investor Relations pages is accurate, but we cannot guarantee or warrant the accuracy, completeness or timeliness of the information. You should not rely on the stock price information for investment purposes. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential or exemplary, that arise from reliance on information on the Investor Relations pages.
11. Investors Should Not Unduly Rely on Any Forward-Looking Information
Our Site may contain information that includes or is based upon forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other similar words. Any or all of our forward-looking statements here or in other publications may turn out to be wrong.
Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of our stock. Given these uncertainties, you should not place undue reliance on these forward-looking statements. You should see our SEC filings for more information on these and other factors besides those listed here that could also adversely affect us.
We do not undertake any obligation to publicly release any revisions to any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which such statement is made. New factors emerge from time to time, and it is not possible for management to predict all of such factors, nor can it assess the effect of each such factor on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those indicated by such forward-looking statements.
12. You Must Obey Local Laws in Accessing Our Site
This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. Any claims relating to our Site and its content and materials shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws.
13. You Are Bound by Changes in these Terms and Conditions
We may at any time revise these Terms and Conditions by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our Site.
14. You Agree to Indemnify Us for Using Our Site
You hereby jointly and severally agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
15. Third Parties May Have Rights Under This Agreement
Some of the provisions of this agreement are for the benefit of Luminex and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. How This Agreement May Be Terminated
This agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Site after you have terminated this agreement. Provisions 2, 6, 7, 8, 12, 14, 15 and 17 of these Terms and Conditions shall survive any termination.
17. Governing Law
These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Site or service at any time. Luminex reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
We welcome your questions and comments regarding these Terms and Conditions and anything else on this Site. Please email us at [email protected].