Terms

Please read the following terms and conditions carefully before using this website (this “Site”). By accessing or using this Site, you agree to the following terms and conditions. You should carefully review and consider these terms and conditions. If you do not agree to all of these terms and conditions, you should not access or otherwise use this Site. Your use of this Site constitutes your acceptance of these terms and conditions. GenMark Diagnostics, Inc. (“GenMark”) may modify these terms and conditions, impose limits on features, or restrict access to this Site, in whole or in part, at any time and in its sole discretion and without liability. Any modifications to this Site will be effective when posted on this Site.  Your continued use of this Site constitutes acceptance of these terms and conditions, as modified from time to time.

Links to Third Party Content

Links to third party websites or content are provided for convenience only. We do not express any opinion regarding any third party content and any link thereto shall not imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those third party websites. GenMark expressly disclaims any liability for all third party information or its use.

Access to Restricted Areas

Access to password-protected and/or secure areas of this Site is limited to authorized users only and may require the creation of an individual access account. You are responsible for providing GenMark with complete and accurate information regarding your account, including providing any necessary updates. Maintaining the confidentiality of your account and password information is your responsibility. You agree to notify GenMark immediately of any unauthorized use of your account. You further agree to accept responsibility for all activities that occur under your account or password.

Disclaimers and Limitation of Liability

Disclaimers

THE INFORMATION AVAILABLE ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, GENMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. GENMARK 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 THIS SITE WILL PROVIDE SPECIFIC RESULTS. GENMARK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (III) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS SITE. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENMARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Forward-Looking Statements

This Site contains information or materials that includes or is based upon forward-looking statements within the meaning of federal securities laws, including the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may be included in press releases, filings made by GenMark with the Securities and Exchange Commission, and other Site content. These forward-looking statements regarding future events and our future performance are based on expectations, estimates, forecasts, and projections and the beliefs and assumptions of our management at the time such statements are made, and are not guarantees of performance. Words such as “expect,” “anticipate,” “target,” “project,” “believe,” “goals,” “estimate,” “potential,” “predict,” “plan,” “may,” “will,” “might,” “could,” “intend,” variations of these terms or the negative of those terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements may be subject to inaccurate assumptions or affected by known or unknown risks and uncertainties.  Some of these risks and uncertainties are described in detail under the heading “Risk Factors” in our public filings with the Securities and Exchange Commission. Therefore, actual results may differ materially and adversely from those expressed in or implied by any forward-looking statements. We assume no responsibility to update or revise any forward-looking statements to reflect events, trends or circumstances after the date they are made.

Privacy Policy

Information Collected

We may collect and store information received from or about you during visits to this Site during normal use, such as the name of your Internet service provider, the website that referred you to our Site, the content you access, and the date and time of those requests. Some parts of this Site use cookies to better understand user activity. GenMark does not correlate this information with personally identifiable data about individual users, nor does it share this information with or sell it to any third party. If you prefer not to receive cookies, you may set your Internet browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You may also refuse all cookies by turning them off in your Internet browser. We may also collect information from you by your voluntary submission through our Site.

Use of Collected Information

We may use information collected by your use of the Site to generate statistics, measure Site activity, store your interests and preferences in order to customize your Site visit, communicate with you upon your request, permit you to access certain Site content, and improve the Site and the products and services we provide to our customers. GenMark does not provide, sell, or lease information about you to third parties for their marketing use. GenMark reserves the right to release information about you if you direct us to do so, if we are required by law, or if necessary or appropriate to protect and defend our rights or property.

Intellectual Property

Trademarks

The GenMark logo and names of GenMark products or services displayed on this Site are registered trademarks or trademarks owned by GenMark in the United States and certain other countries.

GenMark®, GenMark Dx®, ePlex®, GenMark ePlex®, eSensor®, eSensor XT-8®, XT-8®, The True Sample-to-Answer Solution™, and Designed for the Patient, Optimized for the Lab™ are trademarks of GenMark. The eSensor® and ePlex® brands are both owned by GenMark. All other brands and names contained on this Site are the property of their respective owners.

No license to use any of GenMark’s trademarks is given or implied by use of or access to this Site. Site users are not permitted to use our trademarks without GenMark’s prior written consent.

Copyrights

Except as may otherwise be provided herein, GenMark owns all content contained in this Site, including, without limitation, the information, materials, text, graphics, user interfaces, visual interfaces, photographs, sounds, music, artwork, Site design, and the selection, assembly and arrangement thereof (“Content”). The Content is protected by copyright laws of the United States and other countries.

Except for the rights granted in these terms and conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying, or recording, without GenMark’s prior written consent. Any unauthorized reproduction, retransmission or other use is strictly prohibited.

Patents

GenMark is actively engaged in research and development, leading to new, modified, and/or improved technology and products. It is our policy to seek patent protection for such technology and products in the United States and abroad. The eSensor® electrochemical detection technology and ePlex® sample-to-answer diagnostics technology are proprietary to GenMark and embodied in a significant number of U.S. and foreign patents and pending patent applications.

GenMark has secured a number of exclusive and nonexclusive licenses to third party technologies, e.g., electrowetting technology from Advanced Liquid Logic, Inc. (a wholly owned subsidiary of Illumina, Inc.), microfluidics technology from Caliper Technologies Corp. (a wholly owned subsidiary of PerkinElmer, Inc.), PCR-related technologies from Roche Molecular Systems, Inc. and Life Technologies Corp. (a wholly owned subsidiary of Thermo Fisher Scientific, Inc.), and various genetic content from the University of Michigan, Hospital for Sick Children, and ViroNovative B.V.

Licensing and sublicensing inquiries should be directed to GenMark’s Legal Department at 5964 La Place Court, Carlsbad, CA, 92008.

Intended Use

All of GenMark Diagnostics, Inc. assays and reagents are exclusively intended to be used ex vivo and NOT in or on any human being or animal. Our products are subject to a limited license for use in the field of human in vitro diagnostics and research reasonably related thereto. Users are prohibited from using the products for any other applications, including in the field of forensics (e.g., human identification testing).

Preparations with Hazardous Substances

GenMark Diagnostics, Inc. assays and reagents may contain substances that are hazardous to work with, the known dangers of which are separately mentioned on the labels of the packages or in package inserts. Handling should be only as instructed and by qualified trained personnel.

No Offer or Solicitation

Nothing in this Site constitutes investment advice, including press releases, investor relations materials, or our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and other Content are not offers to sell or solicitations of an offer to buy any security.

Applicable Law

This Site and its Contents are controlled by GenMark from our offices within the United States of America. We make no representation that the information or materials on the Site are appropriate or available for use in other jurisdictions. The Site is designed to comply with U.S. laws and regulations. Access to our Site and/or the Content or other materials from jurisdictions where such access is illegal is prohibited. Users accessing this Site or its Content located outside of the United States are responsible for compliance with applicable laws. This Site is not intended as a product solicitation or promotion of products in those countries where such activities are prohibited. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. Any claims relating to our Site and its Content and other materials shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws.