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Sysmex America, Inc. Privacy Policy

Effective Date: December 1, 2020

Last Updated: December 1, 2020

This Privacy Policy (the “Policy”) applies to the websites, applications, and electronic communications on which it appears (the “Platform”). The Policy describes how Sysmex America, Inc. as well as our affiliates and subsidiaries (collectively "Sysmex" or "we" or "us" or "our") uses the Personal Information that we collect, receive, maintain, and store about you. Please read this Privacy Policy carefully, by interacting with us through the Platform you consent to this Policy.

Types of Personal Information Collected
We collect a range of Personal Information. “Personal Information” is information that identifies, relates to, describes, or is reasonably capable of being associated with or linked to an individual. When we combine Personal Information with other information (i.e. information that does not, on its own, identify you), we treat the combined information as Personal Information.

Contact and Demographic Information – If you register for an account, sign up for our newsletter, submit an inquiry, or make a purchase we may collect your contact and mailing information. This may include your email name, address, and phone number. We may also collect your age to verify your ability to purchase our products.

Payment Information – If you make a purchase through the Platform, we may collect your payment information including your credit card information and billing address, or other purchase order or billing information. We will also collect your purchase details.

Employment Information – If you apply for employment with Sysmex, we will collect your employment and work history, as well as personal information related to your potential employment. This may include your education and employment history, address and contact information, demographic information, and any other information included in your resume or application.

Account Information – If you create an account with us, you will create and provide us with your name, a user name, email address and password, and may upload other personal information through our customer portal. We may also collect your purchase information.

Recorded Information – With your consent, we may record phone conversations and video conferences, which may include your facial image, voice and speech patterns.

Location Data – While navigating our Platform your mobile device or browser may share you’re your location data, both through WiFi and GPS. Sysmex will collect this information based on the settings of your phone and browser.

Usage Information – We may also collect usage and device information when you visit our Platform. This may include information about the browser, operating system, and/or device identifier for the device you are using, your ISP and IP information, your navigation activity on the Platform, as well as the websites that you came from and the site you visit when you leave.

Method of Information Collection
We collect personal information in a variety of ways. We collect information directly from you; for example, when you register an account on the Platform, make a purchase, submit a job application, or correspond with us through the Platform. Additionally, we may record phone and video calls made to our call center and our employees, or phone and video calls made to you by our employees in the course of their providing you services.

We also collect information from third parties. For example we work with business partners, subcontractors in technical and delivery services, advertising networks, analytics providers, and search information providers.

We also collect information from you passively. Our Platform uses tracking tools like cookies, pixels, and web beacons. We do this both on our Platform and in emails that we send to you. Through these tools we collect information about users over time when you use our Platform. This collection includes usage and browser information. We may also have third parties collect Personal Information in this way. For more information about the trackers that we use, please see Section 6 of this Policy. Additionally, if you enable location data on your device, this data will be collected passively based on the location settings on your device.

Combining Information
We may combine Personal Information we obtain. For example, we may combine information that we have collected online with information that we have collected offline, for instance, during calls between you and our support team. We may also combine information that we have collected across other third party sites or from other third parties with information we already have. Finally, we combine information across devices.

How We Use Personal Information
We will use your Personal Information to maintain your account, fulfill and track your orders, and offer our services, respond to your requests and inquiries, as well as to send you communications. We also use your Personal Information to communicate with you for transactional purposes. For example, we might contact you about this Policy or our Terms of Use.

We may also use your Personal Information to improve our Platform, products, and services. This may include using your information to customize your experience with us. We may also use your Personal Information for the security of the Platform and our company, our customers, and other third parties. We may also use your Personal Information to protect against fraud and other malicious activity.

We may also your information for marketing purposes. For example, we may send you information about new features on the Platform, new services we offer, and special offers. When legally permitted, this may also include using your information to serve you ads and to tell you about products or offers available through third parties we think you might find interesting. These might be our own offers, or third-party offers, or products we think you might find interesting.

Finally, we may use your information for other purposes, as permitted by law.
Sharing Personal Information

We may share your Personal Information in the following circumstances:
- Within Sysmex – We may share your Personal Information within our family of companies.
- Service providers – When we hire a service provider to help operate the Platform or our business, we may give access to Personal Information as necessary to perform the service for Sysmex.This may include service providers that operate our website, send our communications, or run our promotions.
- Business Partners – Sysmex may share Personal Information to our trusted business partners.For example, we may share your Personal Information with a company when we co-sponsor a promotion or service.These partners may use your information to, among other things, send you information or contact you about their services and products.
- Third Parties for Marketing Purposes – We may share your Personal Information with third parties for their marketing purposes.This may include third parties whose services we believe you may have an interest or who are interested in providing you with services.These third parties may share your information with others and may use this information for their own interest-based advertising.
- Legal obligation or protection from harm - When Sysmex has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Sysmex, its users, or the public against harm.
- Merger or sale - If and when Sysmex is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, Personal Information may be transferred along with the business. Where legally required, we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
- Purposes described to you – We may share your Personal Information for other purposes, as we describe to you.

Cookies and Other Technologies

We collect information about users over time on the Platform by using several common types of cookies and other tracking technologies including web beacons, pixels, and flash cookies. We also have third parties that collect information in this way on our behalf and for their own purposes. Cookies are small files that download when you access certain websites. For more information about cookies visit: http://www.allaboutcookies.org/. Web beacons, pixels, and other tracking technologies operate independent of cookies.

To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services such as Google Analytics. For more information on Google Analytics’ processing of your information, please see “How Google uses data when you use our partners' Platforms or apps.” You can opt out of Google Analytics by installing Google’s opt-out browser add-on.

These cookies may be ones placed by us (first-party) or by a third party. These cookies may also be Flash Cookies. To learn how to manage privacy and storage settings for Flash cookies click here. We may use cookies that are session-based or persistent. Session cookies expire when you close your browser or turn off your device. Persistent cookies remain on your device after you close your browser or turn off device.

We may use a variety of cookies:

Type of Cookies	Description
Required	Req uired cookies are essential for the Platform to function properly and for you to navigate our Site and use its features, such as accessing secure areas of the Platform and using our services.
Performance	These cookies collect information about how you use the Platform, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how the Platform functions and performs.
Functionality	Functio nality cookies allow the Platform to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Platform after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
Targeting or Advertising	From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Platform. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Platform. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after we receive it. By way of example, as you visit the Platform, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Platform. We also contract with third-party advertising networks and similar partners that collect IP addresses and other information on our Platform, from emails, and on third-party sites. Ad networks follow your online activities over time by collecting Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties, with whom we partner to provide certain features on the Platform or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

You can control cookies and tracking tools. Some browsers have a “do not track” feature that prevents a website from tracking you, as well as additional cookie settings. Our Platform does not currently respond to these signals. If you choose to block cookies and other trackers, certain features of the Platform may not work. Blocking or rejecting cookies will not stop all of the tracking described in this Policy. These features and options are browser and device specific and are not uniform. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:

To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising, you may visit the following sites:

On a mobile device, you may also be to adjust your settings to limit ad tracking.

Your Choices
You have certain choices about how we use your Personal Information. You can opt out-out of certain marketing. To opt-out of marketing communications, please click the opt-out link in an email you receive from us, or email us at inhouselegal@sysmex.com or by following the instructions included in the text correspondence. Please note that, even if you unsubscribe from certain correspondences, we may still need to contact you with important transactional or administrative information, as permitted by law.

Children Under the Age of 13
The Platform is meant for adults and we will not knowingly collect Personal Information from any person under the age of 13 without permission from a parent or guardian. The Platform are not designed to attract the attention of persons under the age of 13. If you are a parent or legal guardian and think your child has given us information you can click the opt-out link in an email you receive from us, or email us at inhouselegal@sysmex.com. You can also write to us at the address listed in the “Contact Us” section of this Policy. Please mark your inquiries “COPPA Inquiry.”

California Privacy Rights

Pursuant to California’s Shine the Light statute (Cal. Civ. Code Sec. 1798.83), California residents can control if we share information with third parties for their marketing purposes. To opt-out of us sharing your information with third parties for such promotional purposes, email us at inhouselegal@sysmex.com or write to us in the “Contact Us” section of this Policy and include “Marketing Opt-Out” in your request. Please note that, as of the date of this Policy, we do not share your information with third parties for their marketing purposes.

In addition, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain other rights concerning their personal information. This section describes (1) the categories of personal information, collected and disclosed by Sysmex, subject to California privacy law, (2) your privacy rights under California privacy law, and (3) how to exercise your rights.

When we use the term “personal information” in this section, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Personal Information we Collect.

If you are a California consumer, please be aware that we collect, process, and maintain personal information to fulfill certain business purposes related to our Platform. We will not collect additional categories of personal information or use personal information collected for additional purposes without providing you notice. Within the preceding twelve (12) months you have consented and conset to provide, and we and our service providers have and may collect, the categories of personal information set forth below. We disclose each of these categories of personal information with our service providers for our business purposes (to enable the service providers to provide their services) and as otherwise described in the “How We Disclose Personal Information” section above.

Identifiers (for example, name, postal address, date of birth, email address, IP address, and online identifiers);
Categories of personal information as defined by Cal. Civ. Code § 1798.80 (for example, name, signature, Taxpayer Identification Number, telephone number, passport number, driver’s license number, insurance policy number, account numbers);
Protected classifications under California or federal law (for example, age, citizenship status, national origin or ancestry);
Commercial information (for example, transaction history);
Internet or other electronic network activity information, including information on your usage of our Sites;
Geol
ocation data;
Sensory data (for example, audio from call recordings);
Inferences drawn from any information identified above to create a profile

Your Privacy Rights.

In accordance with the CCPA, California consumers may exercise under certain conditions the following four (4) categories privacy rights with respect to their personal information. Please note: you will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or services to you, provide a different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.

Privacy Right	Description
Notice	You may have the right to be notified of what categories of personal information will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access	You may have the right to request the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the personal information was collected, the specific pieces of personal information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request the categories of personal information which were disclosed for business purposes and the categories of third parties receiving your personal information in the twelve (12) months preceding your request for your personal information.
Data Portability	You may have the right to receive the personal information you have previously provided to us.
Erasure	You may be able to request to have your personal information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your personal information for one or more of the following categories of purposes: (1) to complete a transaction for which the personal information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); (4) to otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
To Opt Out	CCPA gives you the right to opt out of us selling your information personal information. As of the date of this Policy, we do not sell your personal information.

How to Exercise Your Rights.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to inhouselegal@sysmex.com. You have a right not to receive discriminatory treatment by any business when you exercise your CCPA rights.

While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:

Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the personal information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer’s behalf;
Help Us Verify Your Identity: Provide us enough information to verify your identity. For example, provide us (at a minimum) your full name, address, and phone number. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any personal information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
Direct Our Response Delivery: Inform us of the delivery mechanism with which you prefer to receive our response. You may specify, for example, email, mail, or through your account (if you have one with us).

Please note that you don’t need to create an account with us in order to make a request to exercise your rights hereunder.

How We Respond to Your Requests.

In all cases, we will respond to your request within 45 days. However, where reasonably necessary, we may extend our response time by an additional 45 days, provided we send you notice of such extension first. We will provide the information to you via your preferred delivery mechanism. If the information is provided to you electronically, we will provide you the information in a portable format and, to the extent technically feasible, in a machine readable, readily useable format that allows you to freely transmit this information without hindrance.

Please note that we will not charge you for making a request, provided that you make no more than two (2) requests per year. If you make three (3) or more requests in any given twelve (12) month period, we may refuse to respond to such requests, if determined by us to be unfounded or excessive (e.g. repetitive in nature), or we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested. If we refuse to act on the request, we will provide you notice and the reason for our refusal to act.

Storage, Security and Retention of Information

Sysmex has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information in compliance with the uses described in this Policy, as well as to comply with our legal, financial reporting, or compliance obligations.

We may store information both inside and outside the United States. If you live outside of the United States, be advised that we may transfer and store your information to the United States. US law may not provide the same protections as the laws in your country. In the event that we must transfer Personal Information across international borders, we take steps to help maintain a consistent level of data protection in accordance with the most stringent applicable law. By providing us with your Personal Information you agree to the processing of it in the United States as permitted by law.

Links to Third Parties and their Sites

Our Platform may include third party content and links to third party websites and services that collect Personal Information. We do not control these third parties and this Policy does not apply to their privacy practices. We are not responsible for the practices of these third parties or how they use information you provide to them. Please read the third parties’ privacy policies carefully.
Contacting Sysmex

If you have any questions about this Policy, or the privacy practices of Sysmex, please email us at inhouselegal@sysmex.com or write to us at:

Legal Department
Sysmex America, Inc.
577 Aptakisic Road
Lincolnshire, IL 60069
Updates

Please note that this policy may be amended from time to time. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to the Platform so please check our site periodically for updates. You can see when this Policy was last updated by reviewing the “Last Updated” legend at the top of this page. We will provide notice of material changes by updating the Policy here, and communicating with you in the manner and format in which we typically communicate with you in our regular course of business, as required by applicable law.

Sysmex Website Terms of Use

Effective April 1, 2019

Welcome to the Sysmex America, Inc., (“Sysmex”) website. These Terms of Use apply to your use of Sysmex’s websites or the websites of Sysmex affiliates (collectively the “Sysmex Websites”) that link to these Terms of Use. By using this site, you agree to be bound by, and to comply with, the Terms of Use on this page. If you do not agree to follow and be bound by these Terms of Use, you may not access, use or download materials from Sysmex Websites.

Information on Sysmex Websites.

The information on Sysmex Websites relates primarily to products and services offered by Sysmex. Any information or materials made available on Sysmex Websites are for general educational information only.

Any software or other materials that you may download from a Sysmex Website may be subject to separate terms and conditions, including the terms and conditions of an existing agreement that you may have with Sysmex. By downloading such software or other materials you agree to be bound by the applicable terms and conditions associated with that software or other materials.

Sysmex Websites may contain information about products cleared for use in the United States, or Canada and that information is intended for a United States or Canadian audience respectively. If you live outside the U.S. or Canada, you may see information on Sysmex Websites about products that are not cleared or marketed for use in your country.

Sysmex has used reasonable efforts to ensure that the information on Sysmex Websites is accurate, complete and current, however, Sysmex does not represent or warrant the accuracy, completeness, timeliness, or usefulness of any information contained on any Sysmex Website. WITHOUT LIMITING THE FOREGOING, THE CONTENT ON SYSMEX WEBSITES IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SYSMEX WEBSITES. SYSMEX AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE WEBSITE ITSELF, AND HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. SYSMEX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE SECURE, THAT ANY SYSMEX WEBSITE OR THE SERVER THAT HOSTS THE WEBSITE WILL BE AVAILABLE OR THAT CONTENT OF ANY SYSMEX WEBSITE IS FREE OF VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY ACCESSING, USING, OR BROWSING SYSMEX WEBSITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES OR VIEWING OF ANY VIDEO OR AUDIO FROM SYSMEX WEBSITES. FOR YOU PROTECTION, YOU MUST TAKE ANY PRECAUTION THAT YOU BELIEVE NECESSARY TO ENSURE APPROPRIATE SECURITY MEASURES ON THE DEVICE YOU USE TO ACCESS THE SYSMEX WEBSITES AND USE A VIRUS SCANNER BEFORE DOWNLOADING ANY INFORMATION, SOFTWARE OR DOCUMENTATION.

Use of Sysmex Websites

Notwithstanding the particular provisions in these Terms of Use, information, brand names and other contents of a Sysmex Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Sysmex.

Subject to the Sysmex Privacy Policy, any communication or other material that you send to Sysmex through the Internet or post on a Sysmex Website, by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Sysmex will have no obligation of any kind with respect to such information. Sysmex is free to use any ideas, information, concepts, know-how, techniques or materials contained in such communication and you hereby grant Sysmex an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Sysmex is free to use them for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

You may not, distribute, modify, transmit, reuse, repost, or use the content of any Sysmex Website for public or commercial purposes, including the text, images, audio, or video, without the written permission of Sysmex. Except as otherwise indicated, you should assume that all content on any Sysmex Website is copyrighted and may not be used, except as provided in the Terms of Use or in the text on the website, without the written permission of Sysmex. Sysmex neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by, or affiliated with Sysmex. Nothing in these Terms of Use should be construed as conferring by implication, estoppel or otherwise any license or right under any patent or copyright of Sysmex, or any third party.

Sysmex will not be responsible for any of your unauthorized actions or misuse of any Sysmex Website, including unauthorized or improper access to areas or information for which you do not have rights.

Use of Password Protected Features

Some features on Sysmex Websites may be password protected and require a login or account registration. Only registered users may access these pages. Sysmex reserves the right to deny registration to any user, or to suspend or terminate access to any user who has not complied with Sysmex’s registration requirements. Sysmex reserves the right to determine whether certain sites, which were previously freely accessible, will be subject to registration. Sysmex is entitled, without liability, at any time, without notice and without an obligation to give reasons, to deny you the right to access the password-protected area by blocking your Login Credentials (as defined below), in particular if you enter false data for the purpose of registration; violate these Terms of Use, or neglect your duty of care with regard to your Login Credentials; violate any applicable laws in the access to or use of the Sysmex Website; or did not use the Sysmex Website for an extended period of time, Sysmex may revoke your right to access any password protected Sysmex Websites.

For registration you must give accurate, current and complete information and, where this information changes over time, update the information (to the extent possible) without undue delay. You will ensure, that your e-mail address, as supplied to Sysmex, is current at all times and is an address at which you can be contacted. Sysmex will not have any liability for responding to or contacting you using information that Sysmex reasonably believes to be accurate.

Upon registration you will be provided with a password ("Login Credentials "). On first access you must promptly change the password received from Sysmex into a password known only to you. Your Login Credentials allows you to view or change your data or, as applicable, to withdraw your consent to the processing of your data.

You must ensure your Login Credentials are not accessible by third parties and you are responsible for all activities conducted using your Login Credentials, including any and all statements made, and acts or omissions that occur, or any resulting liability, resulting from the use of your Login Credentials. If and to the extent the you become aware that third parties are misusing your Login Credentials you must notify Sysmex of the suspected misuse without undue delay in writing, or by email. Sysmex may deactivate any Login Credentials believed to be compromised.

After receipt of notice, Sysmex will deny access to the password-protected area under such Login Credentials. Your access will only be possible again once you apply to Sysmex or for new registration.

You may at any time request termination of your registration in writing, provided that the deletion will not violate the proper performance of contractual relationships.

If you are accessing a Sysmex service through a Sysmex Website you are subject to all of the terms and conditions associated with that service.

Links to other websites

Sysmex Websites may contain links to websites not operated by Sysmex. Sysmex provide these links for your convenience, but Sysmex does not review, control, or monitor the materials on any other websites and is not responsible for their content. Inclusion of links to other web sites should not be viewed as an endorsement of the content of linked websites. Websites to which Sysmex Websites link may contain information about Sysmex products or services that have not been cleared in the United States or Canada. We are not responsible for the performance of those websites or for any loses, damages or other liabilities you or your business may incur as a result of your use of any linked website, or your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

Privacy and Security

Sysmex respects your privacy. Please refer to the Sysmex Privacy Policy, for an explanation of your rights with respect to your personal information.

Disclaimers and Limitations of Liability

Neither Sysmex nor any officer, director, employee, agent, affiliate, or supplier will be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damage of any kind from any cause arising out of the reliance on or use of, or inability to use Sysmex Websites or their contents, including without limitation, claims based on warranty, contract, tort, strict liability, loss of profits, or goodwill or business interruption.

Sysmex is not liable for any content from third-party sources and accepts no responsibility for its accuracy, reliability or completeness. Third-party content does not necessarily reflect the views of Sysmex, and any views expressed by contributors and correspondents to a Sysmex Website are their own views and do not necessarily reflect the views of Sysmex.

THE TOTAL LIABILITY OF SYSMEX, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT WILL SYSMEX, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFLIATES, OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT DESCRIBED ABOVE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNATIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF A SYSMEX WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON SYSMEX WEBSITES, REGARDLESS OF WHETHER SYSMEX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend and hold harmless Sysmex and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of a Sysmex Website and any violation of these Terms of Use. If you cause a disruption of a Sysmex Website or the systems used to host or transmit the website, you will be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Sysmex reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sysmex in the defense of such matter.

Trademarks and Copyrights

All of the trademarks, and service marks displayed on any Sysmex Website (the "Trademark(s)") are registered or unregistered Trademarks of Sysmex America, Inc., its affiliates, its licensors or content providers, or third parties, and are the property of their respective owners. Nothing on any Sysmex Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Sysmex or the owner of the Trademark. The use or misuse of these Trademarks or any other materials, except as permitted in these Terms of Use, is expressly prohibited and may be in violation of law. Sysmex reserves all rights not expressly granted in and to the Sysmex Websites and their content.

Governing Law

These Terms of Use and your use of Sysmex Websites are governed by the laws of the United States of America and the State of Illinois without regard to its conflicts of laws principles. You irrevocably consent to the jurisdiction of the courts located in the State of Illinois and any legal action or proceeding related to Sysmex Websites must be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois.

Severability

If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, the other provisions of these Terms of Use will remain in full force and effect. Regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to Sysmex Websites or these Terms of Use more than one (1) year after the claim or cause of action arose. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of any term or condition.

Changes to these Terms of Use

Sysmex reserves the right, in its sole discretion, to change, amend, modify or replace any portion of these Terms of Use from time to time or to require additional terms and conditions for use of certain areas of Sysmex Websites that may require a log-in or account registration. If you continue to use Sysmex Websites after any change to the Terms of Use you will have been deemed to have accepted the changes to the Terms of Use.

How to contact Sysmex

Questions or comments about these Terms of Use or a Sysmex Website may be directed to Sysmex by e-mail at inhouselegal@sysmex.com or by writing to Sysmex at:

Legal Department
Sysmex America, Inc.
577 Aptakisic Road
Lincolnshire, IL 60069