Terms of Use

Welcome to the website of Accelerate Diagnostics, Inc. (referred to as “Accelerate”, “the company”, “we”, “us” or “our”, as applicable). By accessing or using our website (the “Site”), you agree without restriction to be bound by the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. No content from this Site may be downloaded or otherwise exported in violation of United States law. If you do not agree to follow and be bound by this Agreement, you may not access, use or download any materials from this Site.

We reserve the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. We encourage you to review this Agreement each time you use this Site.

Copyright Notice and Limitation on Use

The contents of this website, including its graphic design, underlying source files and software, are owned by Accelerate and protected by copyright and/or other intellectual property rights. You may download material from our website, for your own personal, non-commercial use only. You are permitted to do so provided (1) that you keep intact all proprietary and other legal notices or other identifying information associated with the downloaded material and (2) that you include the phrase, “Used with permission of Accelerate Diagnostics” when you display or otherwise use the content. No use should be made of materials on this Site, except as expressly authorized by this Agreement. You are not allowed to modify, reproduce, distribute, link into, post or transmit any material from the Site without prior written permission from Accelerate.

Trademarks

“ACCELERATE DIAGNOSTICS”, “ACCELERATE PHENO”, “ACCELERATE PHENOTEST”, the “DO MORE” and diamond design, and diamond shaped logos and marks are trademarks or registered trademarks of Accelerate Diagnostics, Inc. Accelerate reserves all right, title and interest in and to all developments, products, services, names, marks and logos referenced in this website, whether registered or not. Other trademarks, service marks and trade names appearing on this website are the property of their respective holders. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark or logo without the express written permission of Accelerate or the applicable third party.

Medical Terms

Our Site may, from time to time, contain information relating to various medical conditions, treatments, pharmaceuticals and diagnostic devices. This Site does not purport to provide you with medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof.

No Warranties

ACCELERATE 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” AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. ACCELERATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT OR THE SITE ITSELF. ACCELERATE HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT SHALL ACCELERATE OR ANY OF ITS 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 WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

About Links to Other Web Sites

This Site contains hyperlinks to web sites owned and/or controlled by parties other than Accelerate. We are providing these links to you only as a convenience, and we do not endorse, warrant or guarantee the products, services or information described or offered at these other web sites. Accelerate has no control over the content on these web sites. Access to any other web site is at your own risk and Accelerate is not responsible for the completeness, accuracy or reliability of any information, data, opinions, advice or statements made on these web sites.

Indemnification

You agree to indemnify, defend and hold harmless Accelerate and its subsidiaries, affiliates, directors, officers, employees, agents and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, or associated with, your use of the Site and any violation of this Agreement by you.

No Framing Allowed

Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and 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 or mirrors. None of the content of our Site may be retransmitted without our express written consent. If you are interested in linking to our Site, contact us for additional information.

Site Privacy Policy

Our Privacy Statement is available on this Site and by accessing the Site, you are agreeing to be legally bound by the Privacy Statement available at http://www.acceleratediagnostics.com/privacy.

Investment Terms

This Site is also not intended to be used in making any decision relating to an investment in securities offered by Accelerate. Investors or prospective investors are urged to review and carefully consider the investment materials that we provide in connection with any offering of securities. All information contained on this Site is qualified in its entirety by reference to such investment materials, including the risk factors contained in those investment materials.

Forward Looking Statements

Certain of the statements made in this press release are forward looking, such as those, among others, relating to the company’s expectations regarding its anticipated launch of an FDA-cleared product, the potential of the Accelerate Pheno™ system and Accelerate PhenoTest™ BC kit and the company’s prospects for future growth. Actual results or developments may differ materially from those projected or implied in these forward-looking statements. Information about the risks and uncertainties faced by Accelerate is contained in the section captioned “Risk Factors” in the company’s most recent Annual Report on Form 10-K, filed with the Securities and Exchange Commission. In addition, the company’s forward-looking statements could be affected by general industry and market conditions. Except as required by federal securities laws, the company undertakes no obligation to update or revise these forward-looking statements to reflect new events, uncertainties or other contingencies.

Domestic and International Users

The Site is administered by Accelerate from Tucson, Arizona, United States of America (“United States”). This Site and its contents are designed to comply with applicable laws and regulations. Access to the Site may not be legal by certain persons or in certain jurisdictions outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Accelerate makes no representation that the content of the Site is appropriate or available for use at all locations outside of the United States. Nothing contained on the Site should be construed as a promotion or solicitation for any product or the use of any product that is not authorized by the laws and regulations of the country in which you are located. Consult a representative of Accelerate Diagnostics Inc. or one of its affiliate offices for more information.

General

Accelerate reserves the right to alter or delete the content of this Site at any time. The Site is administered by Accelerate from Tucson, Arizona, a state within the United States. Any claim relating to, and the use of, this Site are governed by the laws of the State of Arizona, and/or United States federal law. By using this Site, you consent to the exclusive jurisdiction in the federal and state courts located in Tucson, Arizona, for any action arising out of or relating to this Site.

This Agreement constitutes the entire agreement between us with respect to your access to and use of the Site. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Account Registration

Some of the functions of this Site may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person’s authorization. Failure to comply with the above shall constitute a breach of this Agreement, 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 User Name and Password. You shall notify Accelerate 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 provided.