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WEBSITE TERMS OF USE

Website Terms and Conditions

Please be familiar with our terms and conditions of use before browsing our website

Terms of Use

 

By accessing or using this website (“Site”), you agree to the following terms and conditions of use (“Terms of Use”), 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 Website 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 a 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.

 

2. We Provide Our Website “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 website, 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 websites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content in any linked websites 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 website, 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 website at any time. The fact that we provide a link to a third party website does not mean that we endorse, adopt, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’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.

 

If you wish to link your site to this Site, you may do so provided you observe the following:

  • The link is a text-only link containing only the name “Luminex,” “Luminex Corp.,” or “Luminex Corporation”;
  • No Luminex logo or trademark is used or appears on your site;
  • The link, when activated, displays the Site full-screen in a fully operable and navigable browser window and not within any frame on the linking website or any browser or border environment containing any sponsorship, advertising or other commercial text or graphics;
  • You do not imply that we are endorsing you or your products;
  • You do not misrepresent your relationship with us;
  • You do not present false information about our products, services, or technology; and
  • Your site does not contain content that could be construed as distasteful, offensive or controversial, and contains only content that is appropriate for all age groups.

 

6. If You Transmit or Provide Data to Us, It Is Non-Confidential

 

We do not want to receive confidential or proprietary information from you through our Site. If you transmit to or post on our Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and Luminex shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Luminex is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights. Personal data provided to us will be handled in accordance with our Privacy Policy.

 

7. By Providing Content, We Do Not Allow You to Use Our Trademarks

 

Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Luminex trademark, service mark, trade name, or logo, without our 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 Luminex logo, the Nanosphere logo, and the following names of products or services displayed on this Site are trademarks or registered trademarks owned by Luminex:

  • ARIES
  • Flex
  • FLEXMAP
  • FLEXMAP 3D
  • FlowMetrix
  • LabMAP
  • LumAvidin
  • Luminex
  • Luminex 100
  • Luminex 100 IS
  • Luminex HTS
  • Luminex SD
  • Luminex XYP
  • MAGPIX
  • MagPlex
  • MicroPlex
  • MultiCode
  • Nanosphere
  • NeoPlex
  • NxTAG
  • SeroMAP
  • SYNCT
  • Verigene
  • xMAP
  • xPONENT
  • xTAG

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.

 

8. All Content on Our Website 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 website. Other materials we have filed with the SEC are available through its website. 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. 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. 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.

 

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 Texas without giving effect to any principles of conflicts of laws.

 

13. You Are Bound by Changes in these Terms of Use

 

We may at any time revise these Terms of Use 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.

 

14. Other Terms and Conditions May Apply

 

Your use of this Site is subject to these Terms of Use and Luminex’s Privacy Policy. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site; and certain provisions of these Terms of Use may be superseded by other legal notices or terms located on parts of our Site. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service. Luminex’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

15. 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 of Use, 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.

 

16. 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.

 

17. 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, 15, 16 and 18 of these Terms of Use shall survive any termination.

 

18. Governing Law

 

These Terms of Use 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 of Use or your use of this Site shall be filed only in the state or federal courts located in Austin, Travis County, 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.

 

19. Miscellaneous

 

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use 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 of Use. 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 of Use and anything else on this Site. Please email us at [email protected].