Terms of Use & Trademarks

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. We have established the following Terms of Use that we require all our visitors to follow when using our web site located at www.rokabio.com (our “Website”). In these Terms of Use, the words “we” refer to Roka Bioscience.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Description and use of our website
The Roka Bioscience Website provides information about our products that are available for purchase through our Website. You can also use our Website to (a) read publicly accessible content, (b) download literature, and (c) contact us with questions or feedback.

Your agreement
You understand that by using our Website, you are agreeing to be bound by these Terms of Use. Please do not use our Website if you do not agree with these Terms of Use. We may change these Terms of Use at any time. Your continued use of our Website after we have posted changes to these Terms of Use means that you agree to be bound by the changes, so please check the Terms of Use regularly for any changes.

Use of our site
You may not use our Website for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our Website, including through the use of any device, software or routine, or access or attempt to gain access to any data, files, or passwords related to our Website through hacking, password mining, or any other means. We reserve the right, in our sole discretion, to deny you access to our Website, or any portion of our Website, without notice.

Communications to Roka Bioscience
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.

Privacy policy
Please refer to Privacy Policy for our policy with respect to information that we may collect from you when you use our Website.

Linking and framing
You may not place a link to our Website on any other web site, or frame our Website within another web site, without our prior written permission.

Intellectual property rights in the site
Our Website contains various information in the form of data, text, graphics, and other materials from Roka Bioscience and third parties (the “Content”). You acknowledge that this Website and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Roka Bioscience or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks
The trademarks, service marks, trade names, and logos (collectively, the “Trademarks”) used and displayed on our Website are registered and unregistered trademarks of ours. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Roka Bioscience and may not be copied, imitated, or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Website are and shall remain the sole property of us. Nothing in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Website. The misuse of the Trademarks displayed on our Website, or any other Content on our Website, is strictly prohibited.

Digital Millennium Copyright Act
Roka Bioscience respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Name: Roka Bioscience
Address: 20 Independence Blvd
4th Floor
Warren, NJ 07059
Tel: 1.855.ROKABIO
Email: info@rokabio.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Links to third-party websites
Our Website may contain links to third-party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those web sites, nor do we endorse or make any representations with respect to the contents of those web sites or any products offered on those web sites.

Warranty disclaimer
This Website and the Content, materials, and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on our Website, for any interruptions or errors in accessing our Website, or for any viruses or other harmful components contained on our Website or the server from which our Website is made available. Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors, and assigns harmless from and against any and all claims, liabilities, damages, losses, and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our Website.

Governing Law and Jurisdiction
These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our Website, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid, or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed, and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to our Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website.

Thank you for your cooperation. We hope that you find our Website helpful and convenient to use. Questions or comments regarding our Website, including any reports of non-functioning links, should be submitted using our email address at info@rokabio.com, or via U.S. mail to 20 Independence Blvd. 4th Floor Warren NJ 07059.

Copyright 2013 Roka Bioscience. All rights reserved.

Trademarks
Roka Bioscience®, the Roka Bioscience® logo, Atlas®, and the Atlas® logo are registered trademarks of Roka Bioscience, Inc. Any other name or trademark is the property of its respective owner.

Licensing
Roka molecular technology is licensed from Hologic | Gen-Probe. The Atlas® System is manufactured by Hologic | Gen-Probe.