Terms and Conditions

Last updated March 20, 2023

Cepheid (referred to as “we”, “us” or “our”, as applicable) maintains this site and its subdomains (the “Site”) and provides access to the Site subject to the terms and conditions contained herein. 

Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Cepheid may revise these Terms and Conditions at any time by updating this posting. You are bound by such revisions and should therefore visit this page periodically to review the then current Terms and Conditions to which you are bound. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. 

Please note that if you are an existing customer, research or development partner or supplier of Cepheid, these terms are not intended to replace or modify those contained in your customer, research, development, or vendor agreement. In case of an inconsistency, the terms and conditions of your written agreement will prevail over those contained herein. All Cepheid products, services and platforms may also be subject to separate terms and conditions which govern their use. 
 
The Availability of the Site and International Users 
The Site and its contents (the “Contents”) are administered by Cepheid from Sunnyvale, California in the United States. Materials published on this Site may refer to products, services or platforms that are not available in your country. Consult your local Cepheid office for more information. Information provided on this Site is intended for the education of healthcare professionals. Not all uses described may be cleared or approved for use in every country. Always consult the published Instructions for Use when using Cepheid products. Cepheid makes no representation that the materials on the Site are appropriate or available for use in all countries. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located. 
 
This Site is Not a Source of Medical Advice 
The Content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the Content of this Site for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site. All examples (printouts, graphics, displays, screens, etc.) are for information and illustration purposes only and shall not be used for clinical or maintenance evaluations. Data shown in sample printouts and screens do not reflect actual patient names or test results. 
 
Electronic Communication

When you use this Site, you may be communicating with us electronically. To the fullest extent permitted by law, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site. You agree that all agreements, quotes, offers, notices, alerts, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To the fullest extent permitted by law, you also agree that to the extent you sign any agreement electronically, your electronic signature is the legally binding equivalent to your handwritten signature and satisfy any legal requirement that such agreement be signed. When you are asked to electronically sign a document or agreement through this Site, you may retain a copy for your records. 

Copyright Notice and Limitation on Use 
No use should be made of the Content on this Site, except as expressly authorized by these Terms and Conditions. The Content on this Site includes, but is not limited to, all text, graphics, diagrams, icons, images, drawings, fonts, user interfaces, visual interfaces, photographs, videos, trademarks, logos, service marks, sounds, music, artwork, software, downloads, and computer codes and also includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site. The Content and the Site is owned, controlled, or licensed by Cepheid and its subsidiaries, and are protected by copyrights, trademarks, patents, trade dress, unfair competition, sui generis rights relating to protection of databases, and other intellectual property laws in the U.S. and internationally. Cepheid is not responsible for Content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Cepheid neither represents nor warrants that your use of the Content will not infringe rights of third parties not affiliated with Cepheid. Except as permitted above, no license or right, express or implied, is granted to any person under any copyright, patent, trademark or other proprietary right of Cepheid.

Except as expressly provided in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way any Content or any part of the Site, in whole or in part, including any code and software. 

You may download Content from the Site solely provided that 1) it is for a legitimate business use only, 2) the Content is not modified or altered in any way, 3) you keep intact all copyright and other proprietary notices, and 4) you include the phrase, “Used with permission of Cepheid” when you use the Content.

Trademark Notice 
All of the trademarks, logos, and service marks displayed on the Site (the “Trademarks”) are registered and unregistered trademarks of Cepheid, its licensors, its content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing contained in the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right in and to use the trademarks, logos, and service marks displayed on the Site without the prior express written consent of Cepheid or the applicable third party. No use of any Cepheid trademark, logo, service marks on this Site may be made without the prior written authorization of Cepheid, except to identify the product or services of the Cepheid. A list of Cepheid's Trademarks can be found here. 

Unsolicited Idea Submission Policy 
Cepheid or any of its employees do not accept or consider unsolicited ideas, including but not limited to, ideas for advertising campaigns, new inventions, products or technologies, processes, materials, marketing plans, or new product names. Please do not send to us any original creative work, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Cepheid’s products or marketing strategies might seem similar to ideas submitted to Cepheid. 

If, you still send us, or in the event you post public information on our Site, all such unsolicited information and all such public information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and Cepheid and its subsidiaries or affiliates are free to use such information for any purpose and in any manner whatsoever. 
 
Links to Other Websites 
These Terms and Conditions apply only to Sites operated and controlled by Cepheid. These Sites may frame or contain references or links to other Web sites, including social media sites (such as Facebook, Instagram, YouTube, Vimeo, and Twitter), that are not operated by Cepheid (“Third Party Sites”). These references and/or links to Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. Cepheid does not control Third Party Sites and is not responsible for their content. Third Party Sites (and any other Web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. Cepheid does not endorse any “off-label” uses. Third Party Sites (and any Web sites to which they link) may contain information that is inaccurate, incomplete or outdated. Your access and use of Third Party Sites (and any Web sites to which they link) is solely at your own risk.

My.Cepheid.com Portal 

The My.Cepheid.com Portal (the “Application”) is a subdomain of the Site and is intended to provide customers with information regarding their Cepheid orders, shipments, customer care cases, and other information such as, but not limited to, status, tracking details and select documents. Cepheid will continue to enhance this Application with additional features and to inform you of these enhancements within the Application. 

Information displayed in the Application are not contractual. Cepheid makes no warranties, guarantees, or representations concerning the availability of any product at any time. For more information on the product and services provided by Cepheid, please refer to the terms in the agreement you entered into with Cepheid. 

No Framing Allowed  
The Content on this Site is protected by U.S. and international copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking, mirrors, or any other technique. None of the Content for our Site may be retransmitted without the prior written consent from Cepheid. If you are interested in linking to our Site, contact us for more information. 
 
Account Registration  
Some of the functions of this Site may require creation of an account with us. As part of the registration process, you will select a username and password, along with other information, which must be accurate and kept up to date. If your information changes at any time, please update your account to reflect those changes. You may not select or use a username of another person with the intent to impersonate that person or use a username to which another person has rights. Failure to comply with the above shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password. 
 
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. You shall notify Cepheid immediately of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details. 
 
Data Privacy 
Our Privacy Policy is available on this Site and by accessing the Site, or submitting any personal information, you agree to be bound by our Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into these Terms and Conditions by reference. To read our Privacy Policy please click here. You agree that you will not send any patient health information to Cepheid via the Site.  
 
Disclaimer of Warranties  
THIS SITE CONTAINS INFORMATION CONCERNING CEPHEID THAT MAY BE USEFUL TO OUR CUSTOMERS, EMPLOYEES, AS WELL AS TO THE GENERAL PUBLIC. HOWEVER, CEPHEID MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION. 
 
THE SITE AND THE CONTENT ARE 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 SITE. CEPHEID 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 SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. CEPHEID DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 
 
Limitation of Liability  
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL CEPHEID, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF CEPHEID OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CEPHEID AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) UNITED STATES DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THESE TERMS AND CONDITIONS SHALL REMAIN IN EFFECT. 
 
Indemnification  
In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of these Terms and Conditions, or (ii) any unsolicited information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by Cepheid, its affiliates, its and their directors, officers, employees, agents, or licensors. Cepheid shall provide notice to you of any such claim, suit, or proceeding. Cepheid shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on Cepheid without its prior written consent. 
 
General 
You are responsible for obtaining and maintaining all devices and other equipment needed for access to and use of the Site and all charges related thereto. Cepheid reserves the right to alter or delete material from this Site at any time. This Site is controlled and operated by Cepheid from its offices within the United States. To the fullest extent permitted by law, any claim relating to, and the use of, this Site are governed by the laws of the State of California, United States of America. By using this Site, you consent, to the fullest extent permitted by law to personal jurisdiction in the federal and state courts located in the State of California, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to these Terms and Conditions. 
 
These Terms and Conditions constitute the entire understanding between you and Cepheid with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of these Terms and Conditions pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions are invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision(s) will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.

Access to and use of secure information or password protected areas is restricted to authorized users only. Any unauthorized individuals attempting to access these secure or protected areas may be subject to prosecution in addition to any other remedies available to Cepheid at law or equity, including termination or suspension of access to the Site.

Contact Us  
For additional information about us, our products, or these Terms and Conditions, please contact us by completing the form located here.