Welcome to Sonosite's Web site (the "Site")! These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Sonosite for other products or services.
Sonosite reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any question regarding the use of the Site or its content, please direct any questions or comments to our webmaster.
Incorporated Policies or Terms
Privacy Policy. Sonosite believes strongly in protecting user privacy and providing you notice of Sonosite's collection and use data, including personally identifying information, collected from the Site. Therefore, Sonosite is has adopted a Privacy Policy that you should refer to fully understand how Sonosite uses and collects information.
License and Site Access
Sonosite grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Sonosite or any third party.
You may not use, frame or utilize framing techniques to enclose any Sonosite trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Sonosite's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Sonosite name, trademark, or product name without Sonosite's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the Sonosite logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2009, Sonosite, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sonosite or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Sonosite or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Copyright Complaints
Sonosite respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Sonosite's copyright agent the following written information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Sonosite's Copyright Agent for notice of claims of copyright infringement on this Site is Sonosite's Legal Department which can be reached as follows:
Legal Department
Sonosite Inc.
21919 30th Drive SE
Bothell WA 98021-3094
425-951-1200
425-951-1201
E-mail
Trademarks and Service Marks
All trademarks, service marks, company names, logos, product names, and service names on the Site, excluding third-party marks, are registered or unregistered intellectual property of Sonosite, Inc. (“Property”) and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sonosite.
Sonosite’s Property includes, but is not limited to:
ACO™
M-OB/GYN Office™
SiteLink®
Sonosite®
BioZ®
M-Turbo®
SitePack®
Sonosite® 180™
BioZ Advasense®
MicroMaxx®
SonoAccess™
Sonosite® 180PLUS™
BioZ.com®
NanoMaxx®
SonoADAPT®
Sonosite TITAN™
BioZ® Cardio Profile
NanoMaxx® Dock
SonoCalc®
Sonosite® UltraRes
BioZ® Vaso Profile
NanoMaxx® VetMed
SonoGT™
TITAN®
BioZ® DX
S Series™
SonoHD®
Sonosite®Education Key™
CardioDynamics®
S-Cath™
SonoHeart®
Sonosite® One to One
Chip Fusion™
S-FAST™
SonoHeart® ELITE
Sonosite® Workflow Solutions (SWS™)
ColorHD™
S-GYN™
SonoHeart® PLUS
Visual Medicine®
DISQ®
S-ICU™
SonoIQ™
V-Universal™ Stand
H-Universal™ Stand
S-MSK™
SonoKnowlEdge®
iLook®
S-Nerve™
SonoMB®
iLook®15
S-VetMed™
SonoMBe™
iLook®25
S-Women’s Health™
SonoPAC®
LumenVu®
SiteCharge®
SonoRES®
Logo
All third-party trademarks, service marks, company names, logos, product names, and service names on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the prior written permission of their respective owners.
You may not use any meta tags or any other “hidden text” utilizing “Sonosite” or any Sonosite Property without Sonosite’s prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, constitute the intellectual property of Sonosite and may not be copied, imitated, or used, in whole or in part, without Sonosite’s prior written permission. Reference on the Site to any products, services, processes, or other information, by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, affiliation, or recommendation thereof by Sonosite.
Linking
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Sonosite or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Sonosite logo or other proprietary graphic or trademark of Sonosite to link to this Site without the express written permission of Sonosite. This limited right may be revoked at any time.
Third-Party Links. Sonosite makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Sonosite and Sonosite is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Sonosite is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Sonosite of the site or any information contained therein. When leaving the Sonosite site, you should be aware that Sonosite's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Sonosite, or postings on this Site, are non-confidential (subject to Sonosite's Privacy Policy) and shall become the sole property of Sonosite. Sonosite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Sonosite, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued by Sonosite and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Sonosite Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Sonosite filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Sonosite undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by Sonosite should not be deemed accurate or current except as of the date the release was posted. Sonosite has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Sonosite may provide links to third-party Web sites or services that contain financial or investment information about Sonosite. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Sonosite neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Sonosite does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Sonosite makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. SONOSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. SONOSITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SONOSITE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE SONOSITE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, SONOSITE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Sonosite reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sonosite.
Limitation of Liability
IN NO EVENT SHALL SONOSITE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SONOSITE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF SONOSITE'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID SONOSITE, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in the state of Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Termination
Notwithstanding any of these terms and conditions, Sonosite reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.