TERMS & CONDITIONS
These Terms and Conditions of Use (“Terms of Use”) apply to this web site (https://www.hologic.ca), and all affiliated web sites linked to this web site by Hologic Inc., its subsidiaries and its affiliates (“Hologic”), including Hologic web sites around the world (all of which are collectively called our “Site” or “Sites”). All Sites are owned and operated by Hologic.
Your access and use of this Site constitutes your acceptance of these Terms of Use. If you do not agree to these terms, please discontinue use of this Site.
License
Subject to and conditional upon your continued compliance with these Terms of Use, Hologic grants you a personal, non-exclusive, non-transferable, limited, and revocable license to access and use the Site, subject to compliance with these Terms of Use. Hologic may revoke this license at any time for any reason, including but not limited to violation of these Terms of Use.
Privacy
You acknowledge that any personal information that is collected from your use and access of this Site is also subject to the provisions of Hologic’s Privacy Notice. Hologic may disclose any personal information we have about you in accordance with our Privacy Notice. For further information regarding Hologic’s Privacy Notice, please review the policy by clicking on the “Privacy Notice” hyperlink at the footer of this webpage or located here.
Conduct
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, provincial, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada, the United States or other countries).
- In any way that violates, misappropriates or infringes upon the rights of any third party, including any intellectual property, contractual or privacy right.
- For any purpose other than the intended purpose of the Site or that specific portion of the Site.
- To copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of Hologic.
- For the purpose of exploiting, harming, or attempting to exploit or harm any person, including minors, in any way by exposing them to inappropriate, offensive or illegal content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, manipulate, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Hologic, may harm Hologic or users of the Site, or expose them to liability.
Hologic may, but is under no obligation to, monitor, review or log any activity or use of the Site. You consent to any such monitoring, reviewing and logging that is necessary to satisfy any law, regulation or government request, or to protect Hologic or the Site’s users. Hologic reserves the right, but does not assume the obligation, to suspend access to the Site to, or otherwise ban, any users who violate these Terms of Use.
Copyright and Trademarks
All of the content of the Site belongs to or is licensed by Hologic and is protected by worldwide copyright and trademark laws. Further, the Site, in its entirety is subject to the same, relevant laws. Except as permitted herein, no part of the Site, including its content, may be copied, reproduced, transferred, distributed, or stored in any form without prior written permission by Hologic. You may use information on Hologic products and services (such as white papers, data sheets, and similar materials) purposely made available by Hologic for downloading from the Site, provided that you (1) not remove any copyright or other notice in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, (4) not make any additional representations or warranties relating to such documents, and (5) use any of this information in compliance with all applicable laws, including but not limited to all regulatory approvals and FDA regulations.
All trademarks, service marks, trade names, trade dress, and product names on the Site are protected in Canada and internationally. Other product and company names mentioned on the Site may be trademarks or trade names of their respective owners. The display of these trademarks, service marks, trade names, trade dress and associated products and services on the Site does not convey or create any licence or other rights in these trademarks or trade names. No use of any of these marks may be made without prior written permission by Hologic or the respective mark owner except to identify the products or services of such mark owner. All rights in them are reserved to Hologic or the respective mark owner.
Usage Data
To deliver, support, develop, test and improve the Site, Hologic may collect, store, analyze and interpret data elements associated with or provided in the use of the Site. Hologic will own all rights in such data and any algorithm, computational or cumulative results of such data. Hologic may use such data for any purpose (including to provide, improve, optimize or enhance the Site, or to develop Hologic’s other products and services), and may provide it to third parties or compile it with other data to derive statistical and performance information, provided that it will aggregate and de-identify such data so that you or any person cannot be identified as the source of such data.
Disclaimers
HOLOGIC DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOLOGIC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOLOGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOLOGIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HOLOGIC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOLOGIC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Links in the Site may redirect you from Hologic's Site to non-affiliated websites. Hologic is neither responsible nor liable for your use of non-affiliated websites which you may access via certain links within this Site. Hologic has no control over these linked sites, is not responsible for the availability or maintenance of these sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such non-affiliated websites. All such information is provided by the linked party, business, or organization. No warranties, whether express, implied, or otherwise may be attributed to Hologic based upon the presence of any externally directed hyperlink on this Site. These links and other ''resources'' referenced on this Site are provided merely as a public service to users of the World Wide Web and inclusion in our Site does not constitute an endorsement by or affiliation with Hologic. Further, use of other websites is subject to the respective terms of use of those websites. You also understand that Hologic cannot and does not represent or warrant that any software or other material available from this Site or other linked sites will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. Hologic will use reasonable efforts to include accurate and up-to-date information on this Site, but Hologic makes no warranties or representations as to its accuracy. You assume total responsibility and risk for your access and use of the website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through the website.
Hologic makes no representation that the Site is appropriate for use at locations outside of Canada. The Site is designed to comply with Canadian laws and regulations and access to the Site may not be legal for certain persons in some countries or in some countries in general. This Site is not intended as a product solicitation or promotion of products in those countries, where such activities are prohibited. The Site may refer to products or services which are not available in your country.
It is important that you rely on the advice of an appropriate professional. Nothing contained in the content of the Site or any presentation is to be construed as medical, legal, investment, financial, or other advice. Such information is not intended to be a substitute for such advice. Hologic does not endorse any specific surgical techniques or methods of treatment. It is up to the individual health care professional to use their best medical judgment when determining appropriate patient care or surgical techniques. Individuals are advised to consult their health care professionals for full information about the potential adverse reactions from use of the medical technologies discussed in this site.
Limitation of Liability
Hologic shall not be liable for damages of any kind, direct or indirect, including without limitation special or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the content contained herein. In no event will Hologic or any party involved in creating, producing, or delivering information to the Site be liable to any party for any indirect, special, punitive or other consequential damages, including without limitation, any lost profits, loss of goodwill or reputation, business interruption, loss of programs, or other data on your information handling system or otherwise, even if Hologic or its authorized representatives have been advised of the possibility of such damages for any claim attributable to use of this website including due to errors, omissions, or other inaccuracies in the website or software, or other material downloaded through or hyperlinked from the Site. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, Hologic's liability is limited to the greatest extent permitted by law. In addition, Hologic has no duty to update this Site or the content hereof, and Hologic shall not be liable for any failure to update such information.
Forward Looking Statements
Certain statements included in this website may be forward looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are beyond our control. The words or phrases ''trend,'' ''expect,'' ''grow,'' ''will,'' ''could,'' ''likely result,'' ''planned,'' ''continued,'' ''anticipated,'' ''estimated,'' ''projected,'' ''scheduled,'' ''could have,'' ''intended,'' ''believes,'' ''continuing,'' ''considers,'' ''may be,'' ''assessed,'' ''contingency,'' or similar expressions are intended to identify ''forward-looking statements'' or “forward-looking information” within the meaning of applicable securities legislation (collectively, “forward-looking statements”). These forward-looking statements are based on certain assumptions and reflect our current expectations. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. Some of the factors that could cause actual results to differ materially from current expectations are discussed in the "Risk Factors" section of our Form 10-K as well as in materials that we from time to time file with, or furnish to, the U.S. Securities and Exchange Commission. There is no assurance that any forward-looking statements will materialize. Moreover, Hologic operates in a changing and very competitive business environment. New risks may emerge from time to time, and it is not possible for management to predict all risk factors, nor can it necessarily identify or assess the impact of all such 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 statements. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this website. Except as may be required by applicable law, we disclaim any intention or obligation to update or revise any forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities.
Indemnity
You agree to indemnify, defend, and hold harmless Hologic, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions or feedback to the Site, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Ontario regarding any claim, proceeding or action concerning these Terms of Use. Notwithstanding the foregoing, Hologic may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms of Use is specifically enforceable by Hologic through injunctive relief and other equitable remedies without proof of monetary damages.
General Provisions
These Terms of Use shall constitute the complete and exclusive agreement between you and Hologic, and govern your use of the Site. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions. No waiver of or consent to depart from the requirements of any provision of these Terms of Use will be binding unless it is in writing and signed by Hologic.
Modifications to Terms of Use
Hologic reserves the right, at its sole discretion and without prior notice, to: 1) change, modify, add, or remove portions of these Terms of Use, at any time, 2) monitor and remove postings, and 3) discontinue site availability. It is your responsibility to check these Terms of Use periodically for changes. All changes are effective immediately once they are posted on the Site. Your continued use of the Site following the posting of changes means that you accept and agree to the changes.
Last Updated: September 10, 2024