Website Terms of Use

***These Terms of Use Were Last Modified on July 1, 2015 ***

 

Thank you for visiting www.somalogic.com (this "Site"). This Site is owned and operated by SomaLogic, Inc., a Delaware corporation doing business in Colorado ("Somalogic," "we," "our," "us"). Your access to and use of this Site is subject to the following terms of use ("Terms of Use") and all applicable laws.

Your Consent

Please take a few minutes to review these Terms of Use before using this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Additional Policies and Terms

Our Privacy Policy describes the personal information we collect when you and others use this Site. It also describes how we use the personal information you share with us, and some of the steps we take to protect your privacy. Our Cookie describes our use of web cookies and other iimilar technologies. Our Cookie Policy (below) and Privacy Policy are part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure of your information in accordance with our Cookie and Privacy Policies. Please review our Privacy Policy before using this Site. In the event you make a purchase on our Site, your purchase and related matters are governed by the Product Terms and Conditions, which must be reviewed and accepted at the time of purchase.

Similarly, when you sign up to use a special feature of this Site, you may also be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement."

These Terms of Use May Change

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will strive to alert you by updating the "effective date" at the top of this page. If more than sixty days go by between your visits to this Site, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Site.

Your Obligation to Provide Truthful Information

You may be asked to submit personal information to this Site. For example, if you use this Site to request information about our company, you will be asked to provide your name and mailing address. If you submit personal information to Somalogic through this Site, the information you submit must be true, accurate, current, and complete.

Ownership of This Site and Its Contents

Ownership of this Site. This Site, including all of the software and code comprising or used to operate this Site and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (collectively, "Content") are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Somalogic or of third parties who have licensed their rights to Somalogic.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Copyrights. As between you and Somalogic, Somalogic and its licensors own and reserve the copyrights in this Site, including all of its Content.

Copyright License. We hereby grant you a limited license to access and use this Site and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to our Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in our Terms of Use, unless you first obtain our written permission.

Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of Somalogic, or its licensors, or other third parties (collectively, the "Trademarks") and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Site without the prior express written permission of Somalogic or the trademark owner.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, "Feedback"). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Other Restrictions on Your Use of This Site

You may not use this Site:

·       to access (or attempt to access) areas or features of this Site for which you do not have the proper authorization;

·       to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

·       in a manner that violates any national, state, local or international law, rule or regulation;

·       to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;

·       in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Site;

·       to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; or

·       in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site.

Removal of Content

If you would like us to delete any Content you have provided through the Site for any reason, please notify us using the information provided below. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use (including our Privacy Policy) and applicable law.

Right to Modify or Discontinue This Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Links to Other Sites

This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

Disclaimer of Warranties

SOMALOGIC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOMALOGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOMALOGIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. SOMALOGIC DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY ITS CLIENTS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF SOMALOGIC.

Without limiting the foregoing, certain products promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers' warranty applicable to the products promoted through this Site.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Limitations of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNDER NO CIRCUMSTANCES, SHALL SOMALOGIC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SOMALOGIC OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SOMALOGIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and Somalogic shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Colorado, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, U.S.A. YOU AND SOMALOGIC IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Somalogic with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above.

Notice for California Users

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Us

If you have any questions or concerns regarding these Terms of Use, please feel free to contact us using our web form or directly at:

SomaLogic, Inc.
2945 Wilderness Pl.
Boulder, CO 80301
303-625-9000

information@somalogic.com

 

Cookie and Similar Technology Policy   

Effective: July 1, 2015

The Somalogic, Inc. (“Somalogic,” “we” or “our”) website (the “Site”) uses uses cookies and other tracking technologies to help improve your user experience and the performance of our Site. By continuing to use the Site, you consent to the terms of this policy. Please read this policy carefully to understand how we use cookies, web beacons and tracking technologies, and how you can control or manage your consent to the collection of data using these technologies. This Cookie Policy is incorporated into our Privacy Policy and Terms of Use.

What are cookies and similar technologies?

A cookie is a small text file that a website places on your browser. Cookies are used by most websites for security, learn about and improve upon how users navigate a website, or to enable various features. For example, cookies can allow the website to save your password, determine whether it is your first visit to the website and how long you stayed on each page, or determine if you were brought to the website from another website, among other features.
Similar technologies, such as web beacons or pixel tags, function through the use of small files, such as a GIF or PNG, that are opened on a page or in an email. The request for these files from a server reveals to the operator of that server (which may be a third party) certain information tracking to the information revealed by a cookie. Pixel tags can be used to create a profile of a specific user, to analyze site usage, or to improve the quality of advertisements delivered to users.
Tracking technologies include locally shared objects (also known as ‘Flash cookies,’) HTML cookies, or other tracking software that stores data on your device on behalf of third parties. These files may be installed through your browser or other software on your computer that is used by your browser. These files may be installed by us or a third party. To control the storage of data through such software users may be required to change their preferences in the software itself, through a browser, or through the use of specialized add-ons or plug ins.

What are session and persistent cookies?

All cookies have a time limit for which they will be stored. Cookies are typically classified as “session cookies” or “persistent cookies” depending on how long they will be stored. Session cookies remain on your browser while you are logged on to a particular website and ‘expire’ or are deleted from your device when or shortly after you leave the website, close the browser, or when you delete them. Persistent cookies remain on your device for longer periods of time, sometimes indefinitely, or until you delete them.

How can cookies affect my privacy?

Information from cookies and similar technologies can be aggregated and used to determine patterns of behavior on the website, or simply to store your preferences. Sometimes however, cookies can be used to link information about browsing to an identifiable individual, although we do not use them in this way. To learn more about how cookies are generally used and how they can affect your privacy, visit www.allaboutcookies.org.

What cookies do you use and how do you use them?

We use cookies for several important reasons, but never to identify you personally, deliver ads, or track you outside the context of your use of our Site. Generally, cookies are “essential” or “functional,” meaning they enable various features of the Site, others are “performance” or “targeting” cookies that track how the Site is used or performs.
Please note, the specific cookies we use is subject to change without notice. We are currently working with Hubspot to implement certain web-analytics tools and you may visit the Hubspot cookie page for more information regarding the specific cookies they may use. Please note, our Site typically uses only a limited subset of the cookies provided by Hubspot or other third-party analytics providers. See your browser’s settings menu for a list of the cookies currently in use on our Site. You may contact us using the information below if you have questions about any specific cookie or other technology.

Essential and functional cookies

Our Site may also require certain cookies, web beacons and tracking technologies that enable various operations on the webpage. For example, our Site requests the installation of a cookie to maintain an active session, or to keep you logged in to your account. Our Site may similarly request the installation of a cookie if you would like to save your username or password, or stay logged in after a session has ended. Our use of essential technologies may occur regardless whether you have provided your consent. Our functional technologies may be used without your consent, or you may consent implicitly through your use of a particular feature. Please note, if your browser does not accept cookies, these features may not work properly or your experience on the site may be degraded.

Performance cookies

Our Site may use cookies, web beacons and tracking technologies in order to improve the performance of our Site or to learn how users interact with the features of our Site or other services. Our Site may install cookies that are provided by us or our trusted third-party providers. For example, we currently work with Hubspot who provides user analytics tools. While some of these cookies may use unique identifiers, the data is analyzed only in the aggregate and we do not use cookies to identify you personally.

Targeting-Related Technologies

Our Site uses cookies, web beacons and tracking technologies to understand how users navigate our Site and which content they may view. For example, when you arrive at our Site, the Site may install several session cookies that track how long you stay on each page. Our Site may also install persistent cookies that help us keep track of the number returning visitors and to understand how users reach our Site. For example, analytics providers often place a “returning visitor” cookie to determine the number unique visitors to our Site. Our Site does not use cookies, web beacons and tracking technologies to deliver advertisements to you on our Site, whether on our Site or others on the Web, and any information we collected is not linked to other data we hold about your, or to identify you personally.

How can I delete cookies or withdraw my consent?

You can control cookies, web beacons and tracking technologies or withdraw your consent to their collection in several ways. First, many browsers allow you to change the settings such that the browser will either allow or block the installation of cookies. You may also delete all cookies stored by your browser using your browser’s privacy menu. Further, many modern browsers include a “do not track” feature that may help protect your privacy, although there is no defined response by many websites (including our Site) to a do-not-track request. For more information about how to control cookies, please visit the following sites:
http://www.allaboutcookies.org/manage-cookies
http://www.google.com/privacy/ads

Updates to this policy

We may update this policy from time to time. We will post the most current version of this policy with its effective date on our Site. Your continued use of the Site means you consent to the terms of this policy.
Contact
information@somalogic.com
or
SomaLogic, Inc.
303-625-9000
2945 Wilderness Pl.
Boulder, CO 80301