Terms & Conditions of Use

TERMS OF USE
VERASONICS IS A WASHINGTON STATE CORPORATION AND IS THE OWNER OF THE SERVICE.  ACCESS TO AND USE OF VERASONICS, INC (“VERASONICS”) WEBSITE PAGES HTTP://WWW.VERASONICS.COM (INCLUDING LINKED PAGES; COLLECTIVELY ALL THE PAGES CONSTITUTE THE “SERVICE”) ARE SUBJECT TO THE TERMS OF USE (“TERMS”) AND PRIVACY POLICY, INCLUDING WITHOUT LIMITATION ALL REFERENCED DOCUMENTS AND APPLICABLE LAWS. VERASONICS IS SOMETIMES REFERENCED BY TERMS SUCH AS “WE” OR “OUR” OR DERIVATIVES OF SUCH TERMS.  “YOU” OR ITS DERIVATIVES MEAN THE USER OF OR VISITOR TO OUR SERVICE. THESE TERMS GOVERN OUR RELATIONSHIP WITH USERS AND ANY OTHERS WHO INTERACT IN ANY WAY WITH OUR SERVICE AND THESE TERMS CONSTITUTE A CONTRACT (“AGREEMENT”) BETWEEN YOU AND VERASONICS. WE RESERVE THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, OUR SERVICE (OR ANY OF ITS PAGES).
When you use our service, you are bound by the Terms and the Privacy Policy.
A. DEFINITIONS. When the words “we” or “our” or “us” (or similar words) are used herein, such words mean Verasonics.  When the words “you” or “your” (or similar words) are used, such words mean any user.  In the case of any user who signs up on behalf of a legal entity (corporation, limited liability company, partnership, limited partnership or other legal entity), the words “you” or “your” shall mean such legal entity and every user from that legal entity.
B. AMENDMENT. We may amend our Terms at any time by posting the amended terms on our website. These Terms and Conditions were last updated on: 5 May 2016.
C. DISCLAIMERS; LIMITATIONS ON LIABILITIES AND REMEDIES.

1. We provide the Service “as-is,” “with all faults,” and “as available.” You bear the risk of using our Service. To the maximum extent permitted by law, we provide no express warranties or guarantees as to our Service.
2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIFIC PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, TREBLE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF GOODWILL OR LOST PROFITS, IMPAIRMENT OF BUSINESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSSES WHATSOEVER OTHER THAN DIRECT DAMAGES SUBJECT TO THE CAP ON DAMAGES AS EXPLAINED FURTHER BELOW.  THESE PROVISIONS APPLY EVEN IF WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNOW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO CASE SHALL WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES INDIVIDUALLY OR COLLECTIVELY HAVE ANY POTENTIAL OR ACTUAL LIABILITY TO YOU IN AN AGGREGATE AMOUNT OF TOTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT OR GENERAL DAMAGES) FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE THAT IN THE AGGREGATE EXCEEDS IN TOTAL ONE UNITED STATES PENNY (US $ 0.01) FOR ACCESS TO OR USE OF OUR SERVICE.  NOTHING HEREIN SHALL EXCLUDE, RESTRICT OR LIMIT IN ANY MANNER OUR RIGHTS AND REMEDIES OR YOUR LIABILITY IF YOU INFRINGE OR MISAPPROPRIATE ANY OUR INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OR IF YOU VIOLATE THE TERMS OR PRIVACY POLICY.  INTELLECTUAL PROPERTY RIGHTS ARE DEFINED IN SECTION E BELOW.

THESE LIMITATIONS APPLY TO ANYTHING RELATED TO:
• the Service,
• content on the Service or on third party Internet sites, third party programs or third party conduct,
• viruses or other disabling features that affect your access to or use of the Service, or
• incompatibility between the Service and other services, software, and hardware.

As previously stated, these provisions apply even if
• a remedy does not fully compensate you for any losses, or fails of its essential purpose, or • We knew or should have known about the possibility of the damages.

Please note that for any Products purchased or licensed from Verasonics, the terms and conditions relating to those Products are contained in written agreements required to be executed by Our customers or licensees.

3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential or other damages.
4. CLAIM MUST BE FILED WITHIN ONE YEAR.  To the extent permitted by law, any claim related to Our Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors, personal representative, estate, spouse and heirs.
D. ADDITIONAL LIMITS ON SERVICE. We may establish limits on the Service. For example, we may limit
• the number of days the service will retain e-mail messages, Verasonics Forum postings and other content that we, you or other users may post or provide,
• the number and size of e-mail messages that you may send or receive through the Service,
E. INTELLECTUAL PROPERTY RIGHTS; LICENSES OR PERMISSION.

1. The term “Intellectual Property Rights” means United States and foreign intellectual property rights and/or industrial property rights arising under statutes, laws, regulations, common law, treaties, conventions, or other source, whether or not vested or inchoate, whether registered or unregistered, including, without limitation, all (i) provisional patents, patents applications, patents, including without limitation any patent applications filed or patents acquired at any time with respect to source code or software; (ii) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, moral rights, mask work rights, mask work applications, and mask work registrations; (iii) rights relating to the protection of trade secrets; (iv) trademark, trade dress, or service mark rights; (v) any right analogous to those set forth in this section and any other proprietary rights relating to intangible or industrial property; (vi) utility models, divisionals, continuations, continuations-in-part, renewals, reissues, and extensions of the foregoing (whether now existing, hereafter filed, issued, or acquired), for any Intellectual Property Rights; and (vii) any license or similar rights obtained from third parties with respect to any of the rights set forth in this section but only to the extent that any such license or other rights may be sub-licensed by the licensee thereto.  The term “Invention” means inventions construed broadly and includes, but is not limited to, concepts, discoveries and ideas, whether patentable or not, including but not limited to computerized business methods, programs, methods, applications, designs, formulas, machines, methods, processes, product ideas or designs, and techniques, as well as improvements thereof or know-how related thereto.
2. We reserve all our own Intellectual Property Rights to the Service, including trademarks, service marks and trade dress and copyrights.  You may not duplicate, copy, or reuse any portion of the Service (including any code) without advance express written permission from Verasonics. 3. This Service also contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright laws. 4. Copyright and all other proprietary rights in the content of the Service provided by Verasonics, its affiliates and/or business partners, the software to operate and publish the Service, the compilation of data on the Service, and the order, sequence and arrangement of this Service, all belong to Verasonics and /or its business partners or licensors. All rights in the content not expressly granted herein are reserved. 5. Verasonics® is a registered trademark and trade name of Verasonics.  This registered trademark is an important asset of Verasonics, and proper use of this trademark is important to Verasonics. You may not unlawfully use the registered trademark or trade name of Verasonics. 6. The use and registration of the trade name and trademark Verasonics is exclusively reserved to us.  You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Verasonics name or any name similar thereto or any name which includes the Verasonics name.
F. LINKS TO THIRD-PARTY WEB SITES.

1. Verasonics is not responsible for any content of any site owned by a third party that may be linked to the Service via hyperlink, whether or not such hyperlink is provided by the Verasonics Website or by a third party in accordance with these Terms.  Any link on our Service to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any third party site to which our Service may link, and we take no responsibility therefor. These third-party Web sites are not under our control. If we include these links in the Service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by us of any third-party Web site, service or product.  FURTHERMORE WE RESERVE THE RIGHT TO DISABLE LINKS TO ANY THIRD-PARTY WEB SITE AT ANY TIME. 2. Our website engine and hosting is provided by Performance Marketing Group, Inc. (“PMGroup Solutions”), a Washington corporation.  Its Privacy Policy is solely determined by PMGroup Solutions and may be changed from time to time by PMGroup Solutions. Its Privacy Policy is at the following link:  http://pmgroup.com/privacy.htm.
G. APPLICABLE LAW AND PLACE FOR RESOLVING DISPUTES.

1. These Terms constitute a contract between you and Verasonics under the laws of the State of Washington, United States of America, regardless of any potential conflicts of laws.  We provide our Service from the State of Washington, USA. 2. Notwithstanding any potential conflicts of laws, you agree that in any dispute arising you’re your use of our Service or any of our Terms or our Privacy Policy shall be determined in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  The award of the arbitrator or arbitration panel (whichever the case may be) shall be final and binding on you and us.  Arbitration shall take place in Seattle, Washington, USA.  English shall be used in arbitration. 3. The prevailing party may seek to enforce a final arbitration award in any and all courts or forums that have jurisdiction over the losing party. Any arbitration award shall be enforceable by any court having jurisdiction over the party against which the award has been rendered or wherever its assets can be located and shall be enforceable in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).  As to any country that is not a signatory to the New York Convention, you agree that in any non-signatory country, you and we shall jointly ask the courts in any such country to enforce this Section I and related other terms and conditions of the Agreement. 4. Notwithstanding the foregoing sections G.1, G.2 and G.3, Verasonics may also seek to enforce the Terms and the Privacy Policy in any court having jurisdiction over you for any restraining order, injunctive or other equitable or mandatory relief necessary: (i) to protect Verasonics’ Intellectual Property Rights or trade secrets or other industrial or proprietary information during the pendency of any arbitration proceedings or (ii) to enforce the terms and conditions of this Section I. 5. WITH RESPECT TO YOUR USING OR ACCESSING THE SERVICE IN ANY WAY, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH YOU ARE A PARTY AS TO ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS OR THE OUR PRIVACY POLICY, AND YOU AGREE TO THE ARBITRATION DESCRIBED ABOVE.  WITH RESPECT TO THE SALES AND LICENSING OF VERASONICS RESEARCH SYSTEMS OR OTHER PRODUCTS, THE RELEVANT AGREEMENTS FOR SUCH PRODUCTS OR SERVICES EXECUTED BY CUSTOMERS/LICENSEES GOVERN DISPUTE RESOLUTION.
H. INTERPRETATION OF TERMS; INTEGRATION. These Terms shall be interpreted without regard to any rule disfavoring the party who drafted any specific term, condition or language.  All parts of these Terms apply to the maximum extent permitted by law. An arbitrator (or a court) may hold that that a portion of part of one of these Terms as written may not be enforceable. If this happens, then such part will be replaced with terms that most closely match the term or terms that may become unenforceable. The rest of these Terms will not change. These Terms and the Privacy Policy constitute a contract and together with any codes of conduct and other notices we provide, constitute the entire Agreement between you and us regarding the Service. Anything that is not specifically included in these Terms are superseded by these Terms.
I. FORCE MAJEURE. Time periods for our performance under any of the Terms shall be extended for periods of time during which our performance is prevented due to circumstances beyond our control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, acts of terrorism, war or other strife.
J. ADDITIONAL GENERAL CONDITIONS. You understand that we use and may use a variety of third party vendors and hosting services to provide the necessary hardware, software, networking and related technology required to run the Service.
K. PRIVACY POLICY. Our privacy policy can be viewed at Privacy Policy.
L. COOKIES. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.  Cookies are required to use the Service.  We may use cookies to record current session information.  The following Website provides more general and detailed information about cookies:  http://www.cookiecentral.com/.  See Section F.2 above about the cookies used at the Website of PMGroup Solutions, the company that provides our Web engine and hosting services.  If and when we have links to third parties’ Websites or if we have third party links and you choose to click on such links to view third party sites, such third parties  may place or access cookies on your computer. If you would like to learn more about the third party advertisers that may be aware of the fact that you visit the Service, and/or to understand your choices about having such advertisers’ cookies turned off, please visit www.networkadvertising.org. Please understand that Verasonics does not control these third party cookies, and you should check the privacy policies of the third parties to see whether and how it uses cookies. Whenever you click on links and banners on the Verasonics website that take you to a third party website, you will be subject to the third party’s terms of use privacy policies, not ours. This Privacy Policy applies solely to information collected by Verasonics.
M. EMAILS. If you or any person in your company emails Verasonics regarding any of our Products, we will collect email contact information and may from time to time contact your company or whomever emails us with information about Verasonics Products or with requests to participate in surveys about Verasonics Products.  If you do not wish to be included in future communications about Verasonics Products or surveys, please notify us in your emails directed to Verasonics.
N. NO RIGHTS OF THIRD PARTIES. No third party shall have any right to enforce any of the Terms regardless of whether such third party has been identified by name, as a member of a class or as answering a particular description.
O. QUESTIONS. Any questions about the Terms or our Privacy Policy should be addressed to:

Verasonics, Inc.
Attention: Webmaster
11335 NE 122nd Way, Suite 100
Kirkland, WA 98034 USA.

P. SHUT-DOWN OF SITE We have the sole right to shut down the Service or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content of any kind and/or User Content submitted to or posted on the Service.
Q. HEADINGS The headings of the sections of these Terms or the Privacy Policy are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of these Terms.