Terms and Conditions of Use/Trademarks
Terms and Conditions of Use
© 1998-2006 IDEXX Laboratories, Inc., Westbrook, Maine, U.S.A.
All rights reserved.
Attention: please read these terms carefully before using this
internet site. These terms and conditions may have changed since your
last visit to this site. Using this site indicates that you accept
these terms. If you do not accept these terms, do not use this site.
IDEXX Laboratories, Inc. ("IDEXX"), of Westbrook, Maine, U.S.A.,
maintains this site as a service to our customers, potential
customers, and other interested parties. Please visit us frequently,
browse our pages, and download documents, subject to the terms and
conditions set out below.
USE OF IDEXX WEB SITE AND ITS CONTENT
IDEXX authorizes you to view and download the information,
materials, documents and related graphics (collectively, the
"Materials") at this site for your information and internal use only,
provided that you retain all copyright and other proprietary notices
contained in the Materials on any copies of the Materials. You may not
modify the Materials at this site in any way, reproduce or transmit in
any form, by any means, publicly display, perform, distribute or
otherwise use the Materials for any public or commercial exploitation,
except as otherwise explicitly provided at this site. Any unauthorized
use of the Materials on any other Internet site or networked computer
environment for any purpose is strictly prohibited. This site and the
Materials are the property of IDEXX or its affiliates, and are
protected from unauthorized copying and dissemination by United States
copyright law, trademark law, international conventions and other
intellectual property laws. If you breach any of these Terms, your
authorization to use this site automatically terminates and you must
immediately destroy any downloaded or printed Materials.
You assume full responsibility and all risks arising from use of
this site. The Materials may be out of date, and IDEXX makes no
commitment to update the Materials. The Materials may include
technical inaccuracies or typographical errors. IDEXX reserves the
right to make additions, deletions, or modifications to this site or
the Materials, or in the products or services described in the
Materials, at any time without any obligation to notify you of such
changes. This site may become unavailable due to maintenance or
malfunction of computer equipment or other reasons. The information on
this site is provided with the understanding that the provision of
information by IDEXX and the various authors and publishers of
Material does not constitute the rendering of medical, legal,
financial, accounting, tax, career or other professional advice or
services. As such, information on this site should not be relied
upon or used as a substitute for consultation with professional
advisors.
Any medical recommendations contained in the Materials are intended
to provide general guidance only. As with any diagnosis or treatment,
you should use clinical discretion with each patient based on a
complete evaluation of the patient, including physical presentation
and complete laboratory data. With respect to any drug therapy or
monitoring program, you should refer to product inserts for a complete
description of dosages, indications, interactions and cautions.
NO WARRANTIES
Materials at this site are provided "as is" without
representations or warranties of any kind, either express or implied,
including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, title, or
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
In addition, while making every effort to ensure the integrity
of information on this site, IDEXX does not warrant that: (i) the
information on this site is correct, accurate, reliable or complete;
(ii) the functions contained on this site will be uninterrupted or
error-free; (iii) defects will be corrected; or (iv) this site or the
server(s) that make it available are free of viruses or other harmful
products.
Product descriptions and specifications are subject to change.
IDEXX periodically adds or updates the information and documents on
this site without notice. It is your responsibility to ascertain
whether any information downloaded from this site is free of viruses,
worms, Trojan horses, or other items of a potentially destructive
nature.
LIMITATION OF LIABILITY
In no event will IDEXX, its subsidiaries, suppliers, or other
third parties mentioned at this site be liable for indirect, special,
consequential, incidental, exemplary, punitive or multiple damages, or
for loss of profits, goodwill, data, equipment or use, or for business
interruption arising from or in connection with the existence, use,
inability to use, or the results of use of the Materials, this site,
any Internet sites linked to this site, or the materials or
information contained at any or all such sites, whether based on
warranty, contract, tort or any other legal theory and whether or not
IDEXX has been advised of the possibility of such damages.
IDEXX's total liability to you in connection with any and all
injuries, losses, expenses, demands, claims or damages whatsoever
arising out of or in any way related to your use of this site, from
any cause or causes, whether in contract, tort (including, but not
limited to, negligence) or otherwise, shall not exceed an amount equal
to the lesser of (a) damages suffered by you as the direct result
thereof, or (b) USD $10.00.
If your use of the materials results in the need for servicing,
repair or correction of equipment or data, you assume all costs
thereof.
Applicable law of some jurisdictions may not allow the exclusion
or limitation of indirect, special, consequential, incidental,
exemplary, punitive or multiple damages, so the above limitations or
exclusions may not apply to you.
LINKS TO THIRD PARTY WEB SITES
Links to third party Internet sites at this site are provided
solely as a convenience to you. If you use these links, you will leave
this site. IDEXX does not control and is not responsible for any
content of these third party sites or any links contained therein.
Thus, IDEXX does not accept any responsibility or endorse or make any
representations about them, or any information, software or other
products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites
linked to this site, you do so entirely at your own risk.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party
product or service be construed as an approval or endorsement by IDEXX
of that third party or of any product or service provided by a third
party.
TRADEMARK INFORMATION
IDEXX possesses rights in the United States and elsewhere in its
trademarks, service marks, trade names, designs, logos and other trade
dress used in connection with the Materials and the products or
services described in the Materials. No use of any IDEXX trademark,
service mark, trade name, design, logo or other trade dress may be
made without the prior, written authorization of IDEXX, except to
identify the products or services of IDEXX. Except as permitted by
these Terms, nothing contained in the site should be construed as
granting, by implication, estoppel, or otherwise any license or right
to any person under any patent, trademark, copyright or other
proprietary right of IDEXX. Company, product and service names
mentioned in the site that are not owned by IDEXX are trademarks or
service marks of their respective owners.
SUBMISSIONS TO THIS SITE
Any communications you send to this site or otherwise to IDEXX by
electronic mail or other means are on a non-confidential basis and
shall be the exclusive property of IDEXX and its affiliates. IDEXX is
under no obligation (except as stated in IDEXX's Privacy
Policy Statement) to refrain from reproducing, publishing or
otherwise using the content of any such communications, including any
ideas, inventions, concepts, techniques or know-how disclosed therein,
in any way or for any purpose, including developing, manufacturing and
marketing goods or services, without any obligation to you.
If you send any communications to this site or otherwise to IDEXX,
you shall be responsible for the content and information contained
therein, including its truthfulness and accuracy.
AVAILABILITY OF PRODUCTS AND SERVICES MENTIONED
Information that IDEXX publishes on the site may contain references
or cross references to products and services that are not available or
approved by the appropriate regulatory authorities in your country.
Such references do not imply that IDEXX intends to announce or make
available such products or services to the general public, or in your
country. Consult your authorized IDEXX representative to determine
which products and services may be available to you.
SECURITIES LAW STATUTORY SAFE-HARBOR
The site contains forward-looking statements that involve a number
of risks and uncertainties. Factors that could cause actual results to
differ materially from those reflected in the forward-looking
statements include, but are not limited to those that are discussed in
IDEXX's most recent Annual Report or Quarterly Report to stockholders,
in the section captioned "Management's Discussion and Analysis of
Financial Condition and Results of Operations," as well as other
information included in IDEXX's filings with the U.S. Securities and
Exchange Commission.
JURISDICTIONAL ISSUES
This site is administered by IDEXX from its offices in Westbrook,
Maine, U.S.A. or elsewhere in the United States. IDEXX makes no
representation that the Materials at this site are appropriate or
available for use outside the United States, and access to the
Materials from jurisdictions in which the contents of the Materials
are illegal is prohibited. You may not use, export or re-export the
Materials at this site, or any copy or adaptation thereof, in
violation of any applicable laws or regulations, including without
limitation U.S. export laws and regulations. If you choose to access
this site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable local
laws.
ENFORCEMENT OF THESE TERMS
These Terms will be governed by and construed in accordance with
the laws of the State of Maine, United States of America, without
giving effect to any principles of conflicts of laws.
All disputes arising out of or relating to these Terms shall be
finally resolved by arbitration conducted in the English language in
Portland, Maine, U.S.A. under the commercial arbitration rules of the
American Arbitration Association. The parties shall appoint as sole
arbitrator a retired judge who presided in the State of Maine. The
parties shall bear equally the cost of the arbitration (except that
the prevailing party shall be entitled to an award of reasonable
attorneys' fees incurred in connection with the arbitration in such an
amount as may be determined by the arbitrator). All decisions of the
arbitrator shall be final and binding on both parties and enforceable
in any court of competent jurisdiction. Notwithstanding this,
application may be made to any court for judicial acceptance of the
award or order of enforcement. Notwithstanding the foregoing, IDEXX
shall be entitled to seek injunctive relief, security, or other
equitable remedies from the United States District Court for the
District of Maine, U.S.A. or any other court of competent
jurisdiction.
GENERAL
Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this
site.
This is the entire agreement between the parties relating to the
subject matter in these Terms and shall not be modified except in
writing signed by both parties or by a new posting by IDEXX, as
described above.
If any part of these Terms is unlawful, void or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
Any rights not expressly granted herein are reserved.
If you have any questions about the rights and restrictions above,
please feel free to contact IDEXX at the following addresses or
numbers:
- webmaster@IDEXX.com
- telephone: (800) 548-6733 or (207) 856-0300, ask for
Webmaster
- facsimile: (207) 556-0346, Attention: Webmaster
- One IDEXX Drive, Westbrook, Maine 04092, U.S.A., Attention:
Webmaster
Trademarks
The following are registered trademarks or trademarks of IDEXX
Laboratories, Inc. or its affiliates in the United States and/or other
countries:
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IDEXX
IDEXX Laboratories
IDEXX Pharmaceuticals
IDEXX Veterinary Services
Blue Ridge Pharmaceuticals
VetConnect Systems
3DX
4DX
A LIFETIME OF PET CARE
ACAREXX
ACUMEDIA
ADVANCED VETERINARY SYSTEMS
BETTER CHOICE
BRP PLUS DESIGN
BRP BLUE RIDGE PHARMACEUTICALS INC. and DESIGN
CANINE SNAP 3DX
CARDIOPET
CATALYST
CATALYST DX
CHEKIT
CITE
CITE COMBO
COLILERT
COLILERT-18
COLISURE
COMFORTSAMPLER
CORNERSTONE
DATATROL DATA MANAGEMENT SOFTWARE
DEFINED SUBSTRATE TECHNOLOGY
DIAGNOSTIC EDGE
DNAMPLIFIER
DST
EBI
ENVIRONETICS DESIGN
EQUINE BIODIAGNOSTICS, INC.
EQUIVIEW
FACILITATOR
FASTART
FILTA-MAX
FILTA-MAX XPRESS
FLEXTEST
FLOCKCHEK
FLUORICON
FOUNDATION FOR THE FUTURE
HERDCHEK
IDEXX BLUE RIDGE PHARMACEUTICALS
IDEXX CARDIOPET
IDEXX-CR
IDEXX DIGITAL
IDEXX-DIRECT
IDEXX FOOD SAFETY NET
IDEXX LABORATORIES BETTER MEDICINE
IDEXX RADIOPET SERVICES
IDEXX SNAPSHOT DX
IDEXX VetLab
IDEXX VetStat
IDEXX VETVAULT
IDEXX VPS and design
INDICATORX
IN-CLINIC ADVANTAGE
IVS-CONNECT
LABREXX
LASERCYTE
Miscellaneous Design of a Paw
NAVIGATOR
OPTI
OPTIMEDICAL
OPTI GENE
PARALLUX
PATIENT ADVISOR
PETCHEK
POURQUIER
PRACTICE DEVELOPER
PRACTICE EXPLORER
PRACTICE WHAT'S POSSIBLE
PROGRAMMED BIODETECTION
PSI (stylized)
PURI-MAX
PZI VET
QUALIBEADS
QUANT C6
QUANTI-DISC
QUANTI-MAX
QUANTI-TRAY
RADIOPET
RESULTS PLUS
SIMPLATE
SMART IMAGING SOLUTION
SMARTLINKS
SNAP
SNAP 3DX
SNAPSHOT
SNAPSHOT DX
SOLANIUM
SOLID-STATE FLUIDICS
SPEC CPL
STACPAK
SURPASS
THE SPEED OF HEALTH
VETCOLLECT
VETCOM
VETCONNECT
VETCONNECT and design
VETCONNECT.COM
VETERINARY PRACTICE MANAGER
VETLYTE
VETSTAT
VETTEST
VETVAULT
VPM
WINPLATE
WISDOM
XCHEK
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Adobe and Acrobat are trademarks of Adobe Systems Incorporated.
Federal Express and FedEx are registered trademarks or trademark of
Federal Express Corporation in the United States and/or other
countries.
GeneAmp and AmpliTaq are trademarks owned by Hoffman-La Roche.
KOVA and GLASSTIC are registered trademarks or trademarks of Hycor
Biomedical, Inc. in the United States and/or other countries.
MASTERCARD is a registered trademark of Mastercard International
Incorporated or its subsidiaries in the United States.
Microsoft and Windows are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other
countries.
PETSTIX is a trademark of Bayer Corporation; used under license by
IDEXX Laboratories, Inc.
BAYER and Bayer Cross are registered trademarks of Bayer AG
(Germany); used under license by IDEXX Laboratories, Inc.
QBC and VetAutoread are trademarks of QBC Diagnostics, Inc.
VADDS is a trademark of Advanced Technology System. Vet-LIMS is a
trademark of the College of Veterinary Medicine of the University of
Missouri-Columbia. (Note, IDEXX does not endorse either of these
products nor does it make any representations regarding the
performance or reliability of these products.)
Visa is a registered trademark of Visa in the United States and
other countries.
ToDAY and ToMORROW are either registered trademarks or trademarks
of Franklin Laboratories, Inc. in the United States and/or other
countries.
Albacillin, Quartermaster and NAXCEL are registered trademarks of
Upjohn Company.
CEFA-LAK, Cefa-Dri and Hetacin-K are either registered trademarks
or trademarks of Fort Dodge Laboratories, Inc. in the United States
and/or other countries.
LA-200 is either a registered trademark or a trademark of Pfizer,
Inc. in the United States and/or other countries.
Oxytet is either a registered trademark or a trademark of
Boehringer Ingelheim Animal Health, Inc. in the United States and/or
other countries.
Maxim-200 is either a registered trademark or a trademark of
Phoenix Pharmaceuticals, Inc. in the United States and/or other
countries.
All other product and company names and logos are trademarks or
registered trademarks of their respective holders.
Last updated: January 13, 2006
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