Terms of Use – EXACT Sciences Corporation

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE

ACCEPTANCE OF TERMS, REVISIONS

By using this web site you are indicating your agreement to these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the site and exit now.

We may revise these Terms at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean you accept those changes.

COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY

Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, and animation) are owned by us and are protected by domestic and international copyright, trademark, patent and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are ©2003. All rights reserved. Permission is granted to download and print materials from this web site for the sole purposes of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this web site, whether in electronic or other form, without our express prior written permission of is strictly prohibited. All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their marks.

THE WEB SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of this web site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this or any other web site.

INDEMNIFICATION AND RELEASE

By accessing our web site, you agree to indemnify us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of our web site and any services or products available through our web site. In addition, you hereby release us and any parent, subsidiary or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at our web site. You hereby agree to waive all laws that may limit the efficacy of such releases.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OUR WEB SITE, SERVICES OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER

THE MATERIALS, SERVICES, AND PRODUCTS ON OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Documents, graphics and other materials appearing at our web site may include technical inaccuracies, typographical errors, and out-of-date information and use of such documents, graphics or other materials is at your own risk.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that our web site contains links to other web sites and outside services and resources, we do not control the availability and content of those web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other web sites. Viewing other web sites or utilizing outside services and resources is done at your own risk.

MATERIALS POSTED BY VISITORS

You agree that any postings, uploads, or other materials you may send to us or to our web site will become our property and, as such, we will have the unrestricted right to use all or any portion of it for any purpose, commercial or otherwise, without the need to compensate you.

You are prohibited from posting or otherwise uploading to our web site: any material that infringes on any copyright, trademark or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our web site.

You are also forbidden from distributing or otherwise publishing any material on our web site that contains any solicitation of funds, promotion, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; misrepresenting your geographic location; and sending viruses or other destructive or expropriating content to us or to other users of our site.

While we do not routinely review the contents of material posted or uploaded to our web site, we nevertheless reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.

OTHER RESTRICTIONS ON CONDUCT

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. You grant us the right to transmit, monitor, retrieve, store and use your information in connection with the operation of our web site. We do not assume any responsibility or liability for any information you submit to the web site or for your or third parties' use or misuse of information transmitted or received using the web site.

You agree not to disrupt, modify or interfere with the functioning of our web site or any services provided on or through our web site or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others' use of our web site. You also agree not to alter or tamper with any information or materials on, or associated with our web site or services provided on or through our web site.

CHOICE OF LAW AND FORUM

These Terms are governed by the substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You agree that any claims or legal actions arising out of or relating to these Terms or your use of our web site shall be commenced and maintained only in a state or federal court located in the Commonwealth of Massachusetts and you hereby submit to the jurisdiction and venue of any such court in connection with any such claim or action.

COMPLIANCE WITH APPLICABLE LAWS AND EXPORT CONTROL LAWS

Use of this web site is governed by all applicable federal, state, and local laws. All information available on this web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. We make no representation that the content, services or products available at this site are appropriate or available for use in other locations. If you access this web site from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.

SEVERABILITY AND ENFORCEABILITY

If any provision or portion of these Terms is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

TERMINATION/EXCLUSION

Failure to abide by any portion of these Terms shall revoke your privilege to visit our web site and we may take appropriate steps to block your access. If you have any questions regarding these Terms, contact us at 508-683-1200.

[Last updated: January 2004]