Terms and Conditions of Use/Trademarks

 

Terms and Conditions of Use

© 1998-2013 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 The Materials may be out of date, and IDEXX makes no commitment to update the Materials.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:

 

 

Trademarks

 

The following are registered trademarks or trademarks of IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries:

  • IDEXX
  • IDEXX Laboratories
  • IDEXX Veterinary Services
  • VetConnect Systems
  • 3DX
  • 4DX
  • ADRCHEK
  • ADVANCED VETERINARY SYSTEMS
  • BETTER CHOICE
  • CANINE SNAP 3DX
  • CARDIOPET
  • CATALYST
  • CATALYST DX
  • CHEKIT
  • CLEARCAPTURE DX
  • COAG DX
  • COLILERT
  • COLILERT-18
  • COLISURE
  • COMFORTSAMPLER
  • CORNERSTONE
  • DATATROL DATA MANAGEMENT SOFTWARE
  • DEFINED SUBSTRATE TECHNOLOGY
  • DIAGNOSTIC EDGE
  • DNAMPLIFIER
  • DST
  • DX CONSULT
  • EASY ANNUAL
  • EBI
  • ENTEROLERT
  • EQUINE BIODIAGNOSTICS, INC.
  • EQUIVIEW
  • EQUIVIEW PACS
  • EZ-QC
  • FACILITATOR
  • FASTART
  • FELINE TRIPLE
  • FILTA-MAX
  • FILTA-MAX XPRESS
  • FLEXTEST
  • FLOCKCHEK
  • FLUORICON
  • GOLDEN
  • GOLDEN VETPATH
  • HERDCHEK
  • HEALTHCHEK
  • IDEXX CARDIOPET
  • IDEXX-CR
  • IDEXX-DIRECT
  • IDEXX-DR
  • IDEXX INTERLINK
  • IDEXX I-VISION CR
  • IDEXX I-VISION DR
  • IDEXX MONITOR
  • IDEXX-PACS
  • IDEXX PRACTICE SOLUTIONS
  • IDEXX PROCYTE DX
  • IDEXX RADIOPET SERVICES
  • IDEXX SMARTORDER
  • IDEXX SMARTSERVICE
  • IDEXX SNAPSHOT DX
  • IDEXX VETCENTRIFUGE
  • IDEXX VetLab
  • IDEXX VetStat
  • IDEXX VETTROL
  • IDEXX VETTUBE
  • IDEXX VETVAULT
  • IDEXX VPS and design
  • IN-CLINIC ADVANTAGE
  • INDICATORX
  • INTELLISHARE
  • IVS-CONNECT
  • LABREXX
  • LASERCYTE
  • Miscellaneous Design of a Paw
  • OFF-COLOUR
  • OPTI
  • OPTIMEDICAL
  • OPTIRHYTHM
  • PATIENT ADVISOR
  • PETCHEK
  • PETDETECT
  • PET HEALTH NETWORK
  • PETLY
  • POURQUIER
  • PRACTICE DEVELOPER
  • PRACTICE EXPLORER
  • PRACTICE WHAT'S POSSIBLE
  • PROCYTE DX
  • PRRS X3
  • PSEUDALERT
  • QUALIBEADS
  • QUANT C6
  • QUANTI-DISC
  • QUANTI-TRAY
  • RADIOPET
  • REALPCR
  • RESULTS PLUS
  • SINGLESPOT
  • SMARTLINK
  • SNAP
  • SNAP 3DX
  • SNAP 4DX
  • SNAPCONNECT
  • SNAPSHOT
  • SNAPSHOT DX
  • SOLID-STATE FLUIDICS
  • SPEC CPL
  • SPEC FPL
  • TEST WITH CONFIDENCE
  • TOTAL HEALTH
  • VDIC
  • VDIC (stylized)
  • VETCOLLECT
  • VETCOM
  • VETCONNECT
  • VETCONNECT and design
  • VETCONNECT.COM
  • VETMEDSTAT
  • VETERINARY PRACTICE MANAGER
  • VETLINK
  • VETLYTE
  • VET MED LAB
  • VET MED LABOR
  • VETPATH
  • VETSTAT
  • VETTEST
  • VETVAULT
  • VPM
  • WINPLATE
  • WISDOM
  • XCHEK
  • XCHEKPLUS

 

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, Windows, Windows Server and Windows Vista are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Dell is a registered trademark of Dell Inc.

Intel, Pentium, Celeron, Intel Xeon and Intel Atom are trademarks of Intel Corporation in the U.S. and other countries.

AMD Athlon, AMD Sempron and AMD Opteron are trademarks of Advanced Micro Devices, Inc.

Symantec and Backup Exec is a trademark or registered trademark of Symantec Corporation or its affiliates in the U.S. and other countries.

Backup MyPC is a trademark or registered trademark of Sonic Solutions in the U.S. and/or other countries.

TapeWare is a registered trademark of Barracuda Networks.

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: May 2013