Legal Notices

COPYRIGHT INFORMATION

Copyright © 2001-2016 by BioFire Diagnostics, LLC. (“BioFire”). All rights reserved. This information is subject to change without notice. No part of this site may be reproduced without express written permission from BioFire. Requests for permission should be directed to BioFire’s Sales Department at salesorders@biofiredx.com.


PATENT INFORMATION

The purchase of any of the instruments listed in the table below includes a limited, nontransferable instrument license under specific claims of one or more corresponding U.S. patent(s) listed next to such instrument and foreign counterparts thereof. The purchase of any of the kits, reagents and/or probes listed in the table below includes a limited, nontransferable license under specific claims of one or more corresponding U.S. patent(s) and foreign counterparts thereof listed next to such kit, reagent or probe to use the enclosed amount(s) according to the specified protocols. The above licenses include a limited, nontransferable license to all claims of substantially the same scope in any continuations, divisionals, reexaminations, reissues or foreign counterparts, as well as any continuations-in-part to the extent that such rights are necessary for the practice of the subject matter of the recited claims of one or more of the below-applicable U.S. Patent(s) and foreign counterparts thereof. If you don’t see a particular BioFire product listed below, please feel free to contact Jill Powlick at (801) 262-3592 ext.1423 or Jill.Powlick@biofiredefense.com for further information on its intellectual property status.


BioFire Part Number(s) Product Name(s) Covered by one or more of the following BioFire U.S. Patents and their foreign counterparts
FLM1-ASY-0001; FLM1-ASY-0008; FLM1-ASY-0009; FLM1-ASY-0010; FLM1-ASY-0011; FLM1-ASY-0108; FLM1-ASY-0109; FLM1-ASY-0110; FLM1-ASY-0111; FLM2-ASY-0001; HTFA-ASY-0001; HTFA-ASY-0003 FilmArray® Instrument; FilmArray® System U.S. Configuration, EUR Configuration, UK Configuration, AUS Configuration; Biothreat FilmArray® System U.S. Configuration, EUR Configuration, UK Configuration, AUS Configuration, FilmArray® Torch System Base Box, FilmArray® Torch Module Box 7,670,832; 8,068,992; and 8,394,608
RFIT-ASY-0001; RFIT-ASY-0002; RFIT-ASY-0008; RFIT-ASY-0104; RFIT-ASY-0116; RFIT-ASY-0093; RFIT-ASY-0094; RFIT-ASY-0096; RFIT-ASY-0105; RFIT-ASY-0107; RFIT-ASY-0109; RFIT-ASY-0114; RFIT-ASY-0116, RFIT-ASY-0122, NGDS-ASY-0001; NGDS-ASY-0006 FilmArray® Respiratory Panel Kit IVD 30 count, IVD 6 count, RUO 30 count; FilmArray® BioThreat Panel Kit 30 count, 6 count; FilmArray® Blood Culture ID Panel Kit 30 count; FilmArray® Gastrointestinal Panel Kit 30 count; FilmArray® NGDS Warrior Panel 7,387,887; 7,456,281; 7,670,832; 8,394,608, 8,895,295 and 8,940,526
414150; 414059; 414152; 41405; 414056; 418488; 414469 GENE-UP Salmonella; GENE-UP Listeria (spp.); GENE-UP E. coli O157:H7; GENE-UP Listeria monocytogenes; GENE-UP Thermocycler; GENE-UP Open Software CD; GENE-UP Lysis Tube Remover 6,174,760; 6,245,514; 7,160,998; 6,174,670; 6,197,520; 6,303,305; 6,387,621; 6,503,720; 6,569,627; 6,730,501; 7,373,253; 7,670,832; and patents pending
TRADEMARK INFORMATION

BioFire, BioFire Diagnostics, LLC, the BioFire Logo, Call-IT, Easy Accurate Timely, Eat Here, FilmArray, Hi-Res Melting, LCGreen, LightScanner, Lu  naProbes, Make Food Safe, R.A.P.I.D., RAZOЯ, RAZOR, SimpleProbe, The 10, and The Ten are registered trademarks of BioFire in the United States and/or other countries. IT 1-2-3, LS32, LunaProbes, Platinum Path, Rapid Cycler, The 8, and The Eight are trademarks of BioFire. Intel is a registered trademark of Intel Corporation in the United States and/or other countries. Fire Engineering is a registered trademark of The Reuben H. Donnelly Corporation in the United States and/or other countries. HybProbe, LightCycler and the LightCycler logo, LightTyper, and TaqMan are registered trademarks of a member of the Roche Group in the United States and/or other countries. SYBR is a registered trademark of Molecular Probes, Inc. in the United States and/or other countries. Vortex Genie is a registered trademark of Scientific Industries, Inc. in the United States and/or other countries. Windows is a registered trademark of Microsoft Corporation in the United States and other countries.


BIOFIRE DIAGNOSTICS, LLC WEB SITE TERMS OF USE

PLEASE READ THESE TERMS OF USE (HEREINAFTER, THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE (HEREINAFTER, THE “WEB SITE”), YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AGENT OR EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO BE SO BOUND. THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE THEREFORE ADVISED TO READ THESE TERMS OF USE REGULARLY. YOUR CONTINUED ACCESS AND USE OF THIS WEB SITE AFTER CHANGES TO THE PROVISIONS ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH PROVISIONS AS AMENDED. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS, VISIT NOR MAKE ANY USE OF THIS WEB SITE OR THE INFORMATION OR MATERIALS INCLUDED HEREIN.

1. WEB SITE ACCESS

These Terms of Use govern your access to and use of the Web Site. Certain sections or pages of the Web Site contain separate and/or additional terms and conditions, such as BioFire’s Privacy Policy and Terms and Conditions of Sale. Those separate terms and conditions are in addition to the present Terms of Use. By accessing and using this Web Site, you accept and agree to the Terms of Use. If you do not agree to these Terms of Use, please do not use this Web Site.

2.PROHIBITIONS ON USE OF WEB SITE; UNAUTHORIZED ACCESS

You are prohibited from posting on or transmitting through the Web Site any unlawful, indecent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or materials liable to incite racial hatred or in breach of confidence, in breach of privacy or for which you have not obtained all necessary licenses and/or approvals, or any material that could constitute or encourage conduct that would or may be considered a criminal offence, give rise to civil liability, or otherwise violate any law or regulation of, or infringe the rights of any third party under your respective laws. BioFire will fully cooperate with any law enforcement authorities or court order, when it is legally obliged to do so, requesting or directing BioFire to disclose the identity of anyone posting or transmitting any such information or materials. Access to and use of password protected and/or secure information areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Web Site may be subject to prosecution in addition to any other remedy available to BioFire at law or equity, including the suspension or termination of access to the Web Site. You, personally, may not, nor shall you assist others, to add, alter, substitute, amend or frame in whole or in part any information displayed by BioFire on the Web Site or any functions performed by the Web Site.

3. PRIVACY POLICY; UNSOLICITED COMMUNICATIONS; COOKIES

To review our privacy policy, please follow this link to privacy policy page

4.HYPERLINKING

The Web Site contains links that allow the user to leave the Web Site and access third-party material or bring the third-party material into the Web Site via “inverse” hyperlink technology (a “linked site”). BioFire has no discretion to alter, update, or control the content on a linked site. The fact that BioFire has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. BioFire is not responsible for the content on a linked site or for any communications between you and such third parties. If you are of the opinion that a linked site contains unlawful or illegal content, please contact BioFire at salesorders@biofiredx.com. If you wish to link your site to the Web Site, you may do so provided you observe the following:

  • You must use a text link clearly marked “BioFire Diagnostics, LLC Web Site”;
  • You must point your link to our home page (www.biofiredx.com) and not to other pages within the Web Site;
  • You must not use “framing”, so your link should not create a browser or border environment around BioFire’s Web Site content; and
  • The appearance, position or context of your link must not misrepresent your relationship with BioFire or bring BioFire into disrepute. BioFire reserves the right to alter these guidelines or to notify its withdrawal of consent to any individual link at any time.
5. DISCLAIMERS

BioFire does not warrant or guarantee that its products are merchantable or satisfactory for any particular purpose, nor free from any claim of foreign or domestic patent infringement by a third party, and there are no warranties, express or implied, to such effect. BioFire will not be liable for any incidental, consequential or contingent damages involving the use of its products. BioFire’s responsibility is limited to replacement of items ordered only. Not all products and services are available in all geographical areas, or to all customers. Your eligibility to receive any product or service may be subject to approval by BioFire. BioFire reserves the right to discontinue or change specifications, products, services, or models at any time without incurring obligations.

Your use of and access to the Web Site is at your own risk. BioFire, or its directors, employees or agents involved in creating, producing, or delivering the Web Site will not be liable for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Web Site. There is no warranty that your access to the Web Site will be uninterrupted or error free. BioFire also assumes no responsibility, and shall not be liable for any loss or damages caused by, any viruses that may infect your computer equipment or other property on account of your access to the Web Site, or your downloading of any materials, images, content, data, video or audio files, etc., from the Web Site or any sites linked to or from this site. There may or may not be technical inaccuracies or typographical errors contained in the Web Site, and BioFire will correct such items at its sole discretion as they are discovered. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOFIRE EXPRESSLY EXCLUDES ALL REPRESENTATIONS, LIABILITIES, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE SKILL AND CARE) WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS OF USE, WHETHER BY STATUTE, LAW OR OTHERWISE.

6. EXPORT CONTROL

The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this Web Site may be downloaded or otherwise exported in violation of these laws.

7. TERMINATION

You agree that BioFire may terminate your access to and use of the Web Site at any time, without prior notice, if it considers you to have violated any of these Terms of Use or any applicable law or regulation. You agree to indemnify, defend and hold harmless BioFire, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or BioFire’s termination of your access to or use of the Web Site.

8. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America. Any legal action concerning these Terms of Use or the Web Site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Utah, without prejudice to BioFire’ or the Web Site user’s right to bring suit before a court of competent jurisdiction.

9. MISCELLANEOUS

BioFire’s failure to insist upon or enforce performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision herein. BioFire may assign its rights and duties under these Terms of Use to any party at any time without notice to you. In the event any of the provisions herein would be held unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision.

Page Updated: Wednesday, June 5, 2013 | MRKT-PRT-0219-05