Terms & Conditions of Use

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.

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.

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.

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.

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.

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.