Usage Terms

OraSure Technologies, Inc. is pleased to provide you with the materials on our web site for informational purposes. Please carefully read the following paragraphs. By using our web site, you agree to the terms described below. If you do not agree to the terms discussed here, you should exit this web site now.

We may revise the terms described below at any time without notice by updating this posting. You are bound by any revisions and, therefore, should periodically visit this page to review the current terms that apply to your use of our web site.

Forward Looking Statements

This web site contains certain "forward-looking statements", within the meaning of the Federal securities laws. These include statements about expected revenues, earnings, expenses or other financial performance, future product performance or development, expected regulatory filings and approvals, planned business transactions, views of future industry or market conditions, other factors that could affect future operations or financial position, and statements that include the words "believes", "expects", "anticipates", "intends", "plans", "estimates", "may", "will", "should", "could" or similar expressions. Forward-looking statements are not guarantees of future performance or results. Known and unknown factors could cause actual performance or results to be materially different from those expressed or implied in these statements. Some of these factors are: ability to market products; impact of competitors, competing products and technology changes; ability to develop, commercialize and market new products; market acceptance of oral fluid testing products and up-converting phosphor technology products; ability to fund research and development and other projects and operations; ability to obtain and timing of obtaining necessary regulatory approvals; ability to develop product distribution channels; uncertainty relating to patent protection and potential patent infringement claims; ability to enter into international manufacturing agreements; obstacles to international marketing and manufacturing of products; ability to sell products internationally; loss or impairment of sources of capital; exposure to product liability and other types of litigation; changes in international, federal or state laws and regulations; changes in relationships with strategic partners and reliance on strategic partners for the performance of critical activities under collaborate arrangements; changes in accounting practices or interpretation of accounting requirements; equipment failures and ability to obtain needed raw materials and components; the impact of terrorist attacks and civil unrest; and general political, business and economic conditions. These and other factors are discussed more fully in the latest Securities and Exchange Commission (SEC) filings of OraSure Technologies, including its most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q. Although forward-looking statements help to provide complete information about future prospects, you should keep in mind that forward-looking statements may not be reliable. The forward-looking statements are made as of the dates indicated in the web site and OraSure Technologies undertakes no duty to update these statements.

Intellectual Property Rights

All contents of this web site are protected by copyright, and may not be modified, distributed, posted or transmitted without our prior written consent. You may download material from our web site, for your own personal, non-commercial use only. All copyright notices and other identifying information should not be removed from downloaded materials. You may not download material from our web site for any other purpose without our prior written consent.

The trademarks and logos displayed on our web site are registered and unregistered trademarks of OraSure Technologies, unless otherwise noted. Nothing contained in our web site should be construed as granting any license or right to use or transfer these trademarks or logos in any manner. OraSure Technologies specifically prohibits the use of any such trademark or logo as a link to any other web site without the prior written approval of OraSure Technologies.

Submissions of Information

Any communication or material that you transmit to, or post on, our site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information.

OraSure Technologies may use such communication or material for any purpose whatsoever. By posting communications to the web site, you automatically grant OraSure Technologies a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights to third parties. Thus, OraSure Technologies shall be free to use such communication or information on an unrestricted basis. OraSure Technologies may use the information it obtains from the web site relating to you, including your IP address, name, mailing address, E-mail address and use of the web site for its internal business and marketing purposes and may disclose this information to third parties for such purposes.

Concerning Your Privacy

We may monitor access to this web site. If monitored, the requesting URLs, the machine originating the request, and the time of the request, may be logged for access statistics and security purposes. By using this web site, you consent to such general monitoring. Please see OraSure Technology's Privacy Statement for details on how information from the web site may be gathered and used.

Third Party Links

Periodically, our web site may contain links to other web sites. OraSure Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third-party web site, including the content, the accuracy of information or the quality of products or services advertised or provided on these third party web sites. OraSure Technologies has no control over the content on these web sites. OraSure Technologies does not take any responsibility or assume any liability for information contained on other web sites or for the updating of such information. Your linking to any other web sites is at your own risk.

Medical Information/Conditions

From time to time, we may post general information on our web site related to medical conditions and their treatment. Should you have a medical condition that may require treatment, or if you have any specific medical questions, promptly see your own doctor or health care provider. We do not offer medical diagnosis or treatment from this web site, and only your doctor or other health care professional can determine if a particular medical treatment is appropriate for you.

Disclaimer

OraSure Technologies believes that the contents of this web site have come from reliable sources, but we cannot assure the information in this web site is accurate, complete or suitable for any purpose. In addition, OraSure Technologies cannot guarantee that the contents of this web site have not been affected by technical malfunctions or unauthorized tampering. The contents of this web site are subject to change without notice. We may alter or delete material from this web site at any time.

Your use of this web site and its contents is at your own risk, and neither OraSure Technologies nor any party involved in creating or delivering this web site shall be liable for damages of any kind that may result from access to, or use of the information contained on, this web site, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this web site. All information and materials are provided "AS IS". No representation or warranty is provided for any software that may be downloaded from this Web site. This limitation includes damages to, or for any virus that may infect, your computer equipment.

ORASURE TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO ANY INFORMATION ON OR SERVICES OBTAINED THROUGH THIS WEB SITE. IN NO EVENT WILL ORASURE TECHNOLOGIES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY USE OF OR DEFECT IN THE INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING DAMAGES OR LOSSES ATTRIBUTABLE TO THE NEGLIGENCE OF ORASURE TECHNOLOGIES. IN PARTICULAR, ORASURE TECHNOLOGIES SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEB SITE OR THE INFORMATION OR SERVICES OBTAINED THEREFROM, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE OR OTHERWISE.

By using this web site, you assume the risk that the information and materials on this web site may be incomplete, inaccurate, out-of-date, or may not meet your needs, requirements or purposes.

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from this site may be downloaded, exported, or otherwise used in violation of United States law.

Web Site Availability

OraSure Technologies web site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction, or other factors. OraSure Technologies cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Indemnification

You agree to indemnify, defend and hold OraSure Technologies and its affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to your violation of this Agreement or use of the web site.

Jurisdiction and Choice of Law

Any disputes that may arise concerning the web site, the information contained therein or these Web Site Usage Terms, shall be governed by New York law (without regard to conflicts of law principles), and all proceedings which may arise out of or in connection herewith shall be brought solely in New York, NY.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ORASURE TECHNOLOGIES, INC. AND ITS SUBSIDIARIES ("ORASURE" OR THE "COMPANY") ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ORASURE.

a. Scope of Dispute Resolution Section

As used in this Dispute Resolution Section (the "Section"), "Dispute" means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the use of this web site, to information shared by you or others over this web site or through other websites, portals, or online services operated by the Company, to the Company’s collection or sharing of your information, or to these terms of use. This Section does not apply to any of the following types of claims: (i) claims by employees of OraSure entities related to the terms or conditions of their employment; (ii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iii) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Waiver of Right to Pursue Class Action or Collective Claims ("Class Action Waiver Provision")

You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and the Company agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and the Company agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

c. Agreement to Arbitrate Claims; Waiver of Jury Trial

By agreeing to these terms of use, both you and the Company are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the online services or these terms of use, you and the Company agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.

In addition, you and the Company agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to:

OraSure Technologies, Inc.
Attn: Legal Department
220 East First Street
Bethlehem, PA USA 18015

Your notice must include: (i) your name, street address, telephone number, the email address you use or used for your online services account (as applicable), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. The Company will send notice to your last known street and email addresses on file, if any. Any notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature and basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or the Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

d. Limitation on Time to Bring Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

e. Arbitration Administration and Certain Procedures

You and the Company agree that, if and as available, any arbitration will be administered by the American Arbitration Association, except as otherwise modified by these Terms.

https://www.adr.org/Rules

If the American Arbitration Association is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that the American Arbitration Association should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on the American Arbitration Association being available or willing to conduct the arbitration.

You and the Company also agree to the following relating to any arbitration proceeding:

• You and the Company waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.

• Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within the State of New York. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.

• The arbitrator will be either a retired judge or an attorney licensed to practice law in New York and will be selected by the parties from the American Arbitration Association roster of arbitrators. If you and the Company are unable to agree to an arbitrator within fourteen (14) days of the American Arbitration Association’s notice to the parties of its receipt of the arbitration demand, then the American Arbitration Association will appoint the arbitrator in accordance with the American Arbitration Association Rules.

• The arbitrator may award declaratory or injunctive relief only in favor of you or the Company and only to the extent necessary to provide the relief warranted by your or the Company’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or the Company.

• These Terms affect interstate commerce, and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.

• Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

• You have the right at your own expense to be represented by an attorney of your own choosing. The Company, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, the Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse the Company for all costs and fees associated with the arbitration that the Company paid on your behalf which you otherwise would be obligated to pay under the American Arbitration Association Rules.

If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

Entire Agreement

These Web Site Usage Terms, along with the Update Policy and Privacy Policy, constitute the entire and only agreement between OraSure Technologies and any viewers of the web site, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the web site and the information and materials on the web site.