Terms and Conditions of Website Use
This website (“Website”) is made available by Hologic Ltd., registered in England and Wales No. 2722343 (“Hologic”).
1. Acceptance of the terms and conditions of use
These terms and conditions of use (“Terms of Use”) apply to the Hologic website located at www.hologic.co.uk (“Website”), your use of it and your access to it. By using this Website, you agree to these Terms of Use. If you do not accept them, do not use this Website. Hologic reserves the right, at its sole discretion and without notice, to: 1) change, modify, add or remove portions of these Terms of Use at any time, 2) monitor and remove pages, 3) make the Website unavailable, and 4) take the Website or its content offline, modify or update it at any time without notice. You are responsible for regularly reviewing these Terms of Use for changes.
Hologic reserves the right to restrict, refuse or terminate any person’s access to the Website or any part thereof, without delay and without notice, at any time and for any reason whatsoever, at its sole discretion.
Your continued use of the Website following the posting of changes will constitute your acceptance of those changes. Provided you comply with these Terms of Use, Hologic grants you a personal, non-exclusive, non-transferable and limited right to access and use the Website. These Terms of Use constitute the entire agreement between you and Hologic concerning the subject matter hereof. If any term, condition or provision of this agreement shall be deemed unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall survive.
2. Privacy Policy
Personal data provided or collected through or in connection with this Website shall only be used in accordance with Hologic’s Privacy Policy and these Terms of Use are subject to the Privacy Policy published on this Website.
3. Disclaimers
Hologic makes no representations, warranties or promises that the Website or any content, service or feature of the Website will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Website will produce any particular results. The Website and its contents are provided on an “as is” and “as available” basis. All information provided on the Website is subject to change without notice. Hologic cannot guarantee that files or other data downloaded from the Website will be free of viruses, contamination or destructive features. Hologic disclaims all warranties, express or implied, including all warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Hologic disclaims all liability for the acts, omissions and conduct of third parties related to, or in connection with, the use of the Website and/or any Hologic service. You assume full liability for, or in connection with, your use of the Website and/or any Hologic service. You assume full liability for your use of the Website and any site accessible via a link. Your sole recourse against Hologic in the event of dissatisfaction with the Website or its content is to cease using it.
Hologic shall not be liable for any damages whatsoever, including without limitation special or consequential damages, arising out of your access to, or inability to access, this Website, your use of it, or your reliance on it or its content. In no event shall Hologic or any third party involved in creating, producing or delivering information to the Website be liable to any party for any indirect, special or consequential damages, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Hologic or its authorised representatives have been advised of the risk of such damages, in connection with any claim attributable to the use of this Website, including as a result of errors, omissions, or other inaccuracies in the Website or software or other material downloaded through the Website or offered as a link on the Website. Hologic’s liability is limited to the full extent permitted by law. Furthermore, Hologic has no duty to update this Website or its content and Hologic shall not be held liable for any inability to update this information.
The links on the Website may allow you to leave the Website. Hologic is not responsible for the use you make of other websites that you access via certain links on this Website. Hologic has no control over linked sites, is not responsible for the availability or maintenance of these sites, and does not endorse or accept any responsibility for the content, advertising, products or other materials on or available through other sites. All such information is provided by third parties, companies or institutions accessible through links. No guarantee, express, implicit or otherwise, can be imputed to Hologic on the basis of the presence on this Website of hypertext links to another site. These links and other “resources” on this Website are provided solely as a public service to Internet users, and their presence on our Website does not constitute an endorsement by, or affiliation with, Hologic. You also understand that Hologic cannot and does not represent or warrant that any software or other material on the Website or any other website accessible through a link will be free of infection, viruses or other code that contains contaminating or destructive features. You are responsible for implementing sufficient procedures and controls to satisfy your particular requirements for accuracy in sending and receiving data, and for maintaining a means external to the Website for the recovery of any lost data. You assume full liability and risk for your access to and use of the Website, including evaluating the accuracy, completeness and usefulness of all materials provided through the Website.
This is a public Website. You should have no expectation of privacy with respect to any user content you may submit to this Website. Do not submit confidential information here.
Hologic and its subsidiaries, affiliates, partners, licensors, trademark licensees and suppliers do not assume any liability for interruptions or omissions on the Internet, network or hosting services and do not warrant that the Website or the services that make this Website available or any electronic communication sent by Hologic will be free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You are solely liable for any damage to your computer system or loss of data that results from downloading any such materials.
4. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, visuals and computer code (collectively, “Content”), including, without limitation, the design, structure, selection, coordination, expression, “look and feel” as well as the organisation of this Content, offered on the Website are owned, controlled or licensed by or from Hologic and are protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property rights and unfair competition laws.
Except as expressly set forth in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, published, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) on any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Hologic. You may not use, export or re-export the Content or any copy or adaptation of the Content in violation of any applicable law or regulation, including without limitation U.S. export laws and regulations.
The trademarks, service marks, trade names, trade dress and products (“Items”) on this Website are protected in the United States and internationally. No use may be made of these items without the prior written consent of Hologic, except to identify the company’s products. The identification must be in a suitable format, in accordance with local laws and regulations. Hologic actively enforces its intellectual property rights to the full extent permitted by law.
You may use information about Hologic products and services (including articles, data sheets, and similar materials) voluntarily made available by Hologic for downloading from the Website, provided you (1) do not delete any language from the proprietary notices in any copies of such materials (2) use such information solely for personal, non-commercial information purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) do not make any modifications to such information, and (4) do not make any additional representations or warranties regarding such materials.
5. Contributor
By submitting User Content to the Website, you agree that such material is appropriate, constructive and relevant and does not contain any material that is potentially illegal or otherwise unsuitable for publication, including, without limitation, material that (1) may be defamatory or offensive to any other person or entity (2) may cause a nuisance to any person or property or otherwise defame or harass any person or institution, (3) may violate the legal rights of any person (including rights of privacy or publicity), (4) is pornographic, obscene, profane, vulgar, indecent, or threatening, (5) is culturally, ethically, or otherwise objectionable, or (6) suggests or encourages illegal activity.
You must use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also agree not to transmit any chain letters, pyramid schemes, surveys or solicitations through the Website. You will not forge headers or otherwise manipulate identities or other data in order to disguise the origin of any Content and/or User Content transmitted through our Website or to simulate your presence on the Website. You will not interfere with or damage our sites, servers or networks or take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You represent, warrant and covenant that the User Content posted on the Website does not infringe any proprietary right of any third party, including, without limitation, any copyright, trademark or patent, or any obligation of confidentiality.
You acknowledge and agree that your ideas, submissions or discussions or any other User Content provided by you on the Website that is not protected by intellectual property rights may be used by any other contributor without compensation or attribution.
You hereby grant to Hologic, its subsidiaries, affiliates, trademark licensees, and other partners a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, create derivative works from, distribute, publicly perform, publicly display, transmit, and publish the User Content provided by you on this Website or any other Hologic website or in other Hologic marketing or public relations materials in any medium.
You shall be solely responsible for your own User Content and the consequences of submitting articles and/or publishing pages. Hologic may, but is not obliged to, review and monitor User Content before and/or after submission. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Hologic, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers are not, and shall not be liable for the accuracy, completeness, quality or validity of User Content posted by any third party on the Website.
Hologic does not endorse User Content or the opinions, recommendations or advice expressed on the Site and Hologic expressly disclaims all liability for User Content.
Hologic shall have the sole right and ability to edit and/or delete posts or any User Content that are objectionable, inappropriate, or otherwise in violation of these Terms of Use for any reason, at any time, without notice or consent, and at its sole discretion. Any user who believes that submitted User Content is objectionable or inappropriate is encouraged to contact Hologic immediately. Upon receipt of any such notification, we will use reasonable efforts to take such action as we deem necessary within a reasonable period of time. As this is a manual process, you should be aware that we may not be able to remove or edit User Content immediately.
6. Limitations on accuracy
The Website was developed as a service by Hologic to provide information on its products and services. The information is believed to be accurate at the time of its creation. However, as with any printed material, the information may become out of date over time. The information provided on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The products and services described on the Website may also be improved or changed at any time without notice. It is important to rely on the advice of a knowledgeable professional. Nothing in the presentations may be construed as medical, legal, investment, financial or other advice. This information is not intended to be a substitute for such advice. Hologic does not endorse any specific surgical technique or treatment method. It is the responsibility of each healthcare professional to exercise their own medical judgment in determining what care or surgical techniques to offer patients. Individuals are advised to consult their healthcare professional for complete information on potential adverse reactions associated with the use of medical technologies discussed on this Website. Hologic will use reasonable efforts to include accurate and up-to-date information on its Website, but Hologic does not warrant or make any representations regarding its accuracy. All users agree that access to and use of the Website is at their own risk.
7. Forward-looking statements
From time to time, Hologic or its representatives may have made, or may make, forward-looking statements, either orally or in writing. These forward-looking statements may be included in press releases, oral statements made by or with the approval of an authorised executive, or other filings made by Hologic with the U.S. Securities and Exchange Commission. The words or statements “trend,” “is expected,” “will grow,” “will be,” “could,” “likely result,” “anticipated,” “ongoing,” “estimated,” “projection,” “planned,” “assumed,” “believes,” “considers,” “may be,” “evaluated,” “contingency,” or similar expressions are intended to identify “forward-looking statements” within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Hologic seeks to ensure that such statements are accompanied by meaningful cautionary statements in order to maximise the protections afforded by the Act. Accordingly, these statements are qualified in their entirety by reference to, and are accompanied by, the following discussion of certain important factors that could cause actual results to differ materially from such forward-looking statements. Investors should also be aware of factors that may affect Hologic’s business or financial position or performance. Reference is also made to Hologic’s most recent Annual Report on Form 10-K, which is available from Hologic upon request, for additional information on factors that could affect Hologic’s business or financial position or performance. In addition, Hologic operates in a rapidly changing and highly competitive business environment. New risks may emerge from time to time and it is not possible for management to anticipate all risk factors or to systematically identify or assess the impact of these factors on Hologic or the extent to which any factor or combination of factors may cause actual results to differ materially from those contained in any forward-looking statement. Accordingly, forward-looking statements should not be relied upon as predictions of actual results.
8. Content/Third party software
Hologic is in no way liable for the content of any site owned by a third party that may be associated with the Website by means of a hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on our Website to another site does not constitute an endorsement of that other site, and no judgment or warranty is made as to the accuracy, timeliness or suitability of the content of any site to which the Website may link and we accept no responsibility for it.
Any software made available for downloading from or through the Website is licensed subject to the terms of any applicable license agreement. Subject to the terms of the applicable license agreement, the software is made available for use by end users only and any other copying, reproduction or redistribution of the software is expressly prohibited. Any warranties relating to this software shall only apply under the conditions expressly stipulated in the applicable license agreement. Hologic hereby expressly disclaims all other representations and warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the software.
9. Proprietary rights in the Website
This Website is public in nature and any information published on this Website will be considered non-confidential. You acknowledge that the publication of any invention embodied in any User Content provided by you constitutes “publication” of such invention under applicable patent laws. You acknowledge that any User Content published and/or referred to on the Website may be subject to patents, copyrights, trademarks and other intellectual property rights held by Hologic, its subsidiaries, affiliates and trademark licensees or any partner or third party. If you intend to exploit any ideas, proposals, suggestions or solutions or any other User Content posted on the Website, you are responsible for obtaining proper rights of use under the relevant intellectual property before taking any exploitative action.
10. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, it will be replaced by a valid and enforceable provision that matches the content of the original provision to the greatest extent possible and the remaining provisions will remain valid and enforceable.
11. No waiver
No failure by Hologic to enforce any part of these Terms of Use shall constitute a waiver of any of Hologic’s rights under these Terms of Use with respect to any past or future actions by any person. Neither the receipt of funds by Hologic, nor the reliance by any person on the actions of Hologic shall be deemed a waiver of any part of these Terms of Use. Only a specific written waiver, signed by an authorised representative of Hologic, will have legal effect.
12. Headings
The headings in the Terms of Use are included for convenience only and do not constitute a part of the Terms of Use or in any way affect the meaning or interpretation of these Terms of Use.
13. Governing law
England and Wales law applies to these Terms of Use.
14. Jurisdiction
Only the courts of the registered office of Hologic have jurisdiction for any dispute between Hologic and the user of the Website in relation to these Terms of Use.
Last update: 29 December 2021