Legal Notices

Welcome to www.BioNanoGenomics.com (“Site”). BioNano Genomics, Inc. (“BioNano Genomics”) provides the use of this Site to you subject to these terms and conditions. Your use of this Site constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use this Site. BioNano Genomics may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Site, so please review these terms and conditions regularly in connection with your use of this Site. Your continued use of this Site constitutes acceptance of these terms and conditions as modified.

BioNano Genomics may also terminate, change, or otherwise modify any aspect of this Site, or impose limits on features or restrict access, in whole or in part, to this Site at any time and in its sole discretion without liability. BioNano Genomics may terminate any authorizations, rights, and licenses provided herein, and upon such termination, you shall immediately destroy all materials obtained from this Site.

Usage

BioNano Genomics authorizes you to view and download the materials at this Site, provided that (i) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials, (ii) your use of such materials is for your personal, non-commercial use only, and will not be copied or posted on any network computer or broadcast in any media, (iii) you may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials on this Site, and (iv) you may not transfer the materials to any other person unless you give them notice of, and they agree to accept, these terms and conditions. The above authorization does not include the design or layout of this Site, which is legally protected and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from this Site may be copied or retransmitted unless expressly authorized by BioNano Genomics. No other use of the materials is authorized. The materials at this Site are proprietary and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws.

Access-restricted Areas

Access to any password-protected and/or secure areas of this Site is limited to users authorized to use such areas only and may require creation of an account. You must provide complete and accurate information on your account and update such information as necessary. You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or distribute your password information. You agree to notify BioNano Genomics immediately of any unauthorized use of your account or any other breach of security. You further agree to accept responsibility for all activities that occur under your account or password.

Links to Third-party Sites

Any links to third-party websites that may appear on this Site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. BioNano Genomics does not monitor the linked websites for accuracy or content, and does not warrant the information contained thereon. The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. If you decide to access third-party websites through links from this Site, you do so at your own risk.

Links to this Site

All links to the Site must be approved in writing by BioNano Genomics; however, BioNano Genomics consents to links limited to those in which:

  • the link is a text-only link containing only the name “BioNano Genomics”;
  • the link redirects the user only to www.BioNanoGenomics.com and not to deeper pages;
  • the link, when activated, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website;
  • the appearance, position, and other aspects of the link do not present false information about BioNano Genomics products, services, or technology, nor be such as to damage or dilute the goodwill associated with the name and trademarks of BioNano Genomics, nor create the false appearance that another entity or its activities or products are associated with or sponsored or endorsed by BioNano Genomics; and
  • No BioNano Genomics logo or trademark is used or appears.

Privacy Policy

Information collected

BioNano Genomics’ web server collects information from you during the course of your visit to the Site. This information includes the Internet Protocol (IP) address of your Internet Service Provider, the content you access, the platform operating system and web browser you use, and the date and time of your visit. BioNano Genomics collects this information through the use of “cookies,” which our web server seeks to place onto the user’s hard drive. BioNano Genomics does not use cookies to obtain any personally identifiable information, and the information that is collected is used only for internal purposes. You can usually set your browser to reject cookies or to alert you before one is placed, if you prefer.

We may also collect information from you through your voluntary submission (e.g. grant support page). For instance, you may be required to register with BioNano Genomics via this Site in order to access and use certain portions of this Site. To register, you will be asked to provide basic contact information (e.g. name, institution/company, address, phone number, email).

Use of collected information

BioNano Genomics may use the information it collects to improve this Site, to store your interests and preferences in order to customize your visit to this Site, to communicate with you upon your request, to compile and analyze trends, and to carry out the transactions you request when you visit the Site.

BioNano Genomics occasionally hires other companies to provide services for us, which may require that they have access to some of the information collected. Such companies are required to use the information only to perform the services BioNano Genomics hired them to provide, and to maintain the confidentiality of the information. BioNano Genomics does not provide, sell, or lease information about you to any third parties for their marketing use. BioNano Genomics will release information about you if you direct us to do so, if we are required by law, or if necessary to protect and defend the rights or property of BioNano Genomics.

Security of collected information

BioNano Genomics is committed to protecting the security of your personal information, and we take reasonable physical, electronic, and administrative safeguards to help protect your personal information from unauthorized or inappropriate access. When we transmit highly confidential information over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol or a similar secure protocol. We also restrict access to information about you to individuals at BioNano Genomics who need to know the information in accordance with their job responsibilities, and such access is only made from secured locations. It is your responsibility to protect the confidentiality of your passwords, account information, and any other access features associated with your use of this Site.

Contacting Us

If you have questions or comments about our online privacy policy, please direct them to the following address: info@bionanogenomics.com.

Intellectual Property

Trademarks

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

BioNano Genomics®, Irys®, IrysView®, IrysChip®, IrysPrep®, and IrysSolve™ are trademarks of BioNano Genomics Inc. All other trademarks are the sole property of their respective owners.

No license to use any of BioNano Genomics’ trademarks is given or implied. Users are not permitted to use these trademarks without the prior written consent of BioNano Genomics. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws.

Copyright

Except as otherwise provided, BioNano Genomics owns all content contained in this Site, including without limitation the information, materials, text, graphics, Site design, and the selection, assembly and arrangement thereof (“Content”). The Content is protected by copyright laws of the U.S. and other countries.

Content published on this Site may contain other proprietary notices or describe products, services, processes, or technologies owned by BioNano Genomics or third parties. Please note that by publishing this Content, BioNano Genomics does not grant any license under any copyright, trademark, patent, or other intellectual property right of BioNano Genomics or any third party.

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, or stored or transmitted by any means, including but not limited to electronic, mechanical, scanning, photocopying, or recording, without the prior written permission of BioNano Genomics. You also may not, without the prior written permission of BioNano Genomics, “mirror” any Content on this Site, and such use of any Content on any other website or networked computer environment is expressly prohibited. Modification of the Content or use of the Content on this Site for any other purpose is a violation of BioNano Genomics’ copyright and other proprietary rights.

Patents

BioNano Genomics is constantly conducting research and development, leading to new, modified, and/or improved technology and products. It is BioNano Genomics’ policy to seek patent protection in the United States and abroad for such technology and products.

User-provided Information

Should use of this Site require you to submit any personal information to BioNano Genomics, such information is protected by the Privacy Policy associated with this Site. Beyond any personal information you are required or requested to submit to BioNano Genomics in connection with your use of this Site, BioNano Genomics does not want you to, and you warrant that you will not, submit any confidential or proprietary information through this Site, nor any ideas for new products, technologies, process, materials, marketing or advertising plans or campaigns, or product names, whether or not such ideas are confidential or proprietary. You agree that BioNano Genomics has no obligation to deem or treat any information or material you send to this Site as confidential or proprietary, unless BioNano Genomics has otherwise agreed in writing.

By sending BioNano Genomics materials or information, you grant BioNano Genomics an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such material or information, and you further agree that BioNano Genomics is free to use any ideas, concepts, know-how, or techniques that you provide for any and all commercial or non-commercial purposes. You further agree that you will not post or transmit to or from this Site any threatening, defamatory, obscene, harassing, or otherwise unlawful material, or that incorporates the proprietary material of another.

Software

Any software that is made available to download from this Site is the copyrighted work of BioNano Genomics and/or its suppliers, and is governed by the terms of the end user license agreement, if any, that accompanies or is included with the software. You may not download or install any software from this Site that is accompanied by or includes a license agreement unless you have read and accepted the terms of the license agreement. Any unauthorized use, reproduction, or redistribution of the software is prohibited.

Disclaimer/Limitation of Liability

Disclaimer

You agree that your use of this site shall be at your sole risk. The operation of this site and the information available thereon are provided “as is.” to the fullest extent permitted by law, BioNano Genomics, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with this site and your use thereof. BioNano Genomics 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, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this site, (iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) interruption or cessation of transmission to or from this site, (v) 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, (vi) errors or omissions in any information, and/or (vii) loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via this site.

Limitation of Liability

In no event shall BioNano Genomics, 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 BioNano Genomics is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Applicable Law

This Site is controlled and operated by BioNano Genomics from its offices within the United States of America. BioNano Genomics makes no representations that this Site is appropriate or available for use in other locations. Those who choose to access this Site from locations outside the United States do so of their own volition and are responsible for compliance with applicable local laws. You may not use or export any materials from this Site in violation of United States export laws and regulations. Any and all actions, claims, disputes, or controversies relating to these terms and conditions, the use of this Site, or any materials therein shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws principles. By using this site, you expressly consent to the exclusive forum, jurisdiction, and venue of the state and federal courts of The City of Philadelphia or Philadelphia County, Pennsylvania, USA, as applicable, in such actions, claims, disputes, or controversies.

© 2014 BioNano Genomics, Inc. All rights reserved.