Gen-Probe, Gen Probe, GenProbe, GPRO, Nucleic Acid Test (NAT), (NATs), Blood Screening, Testing, Rapid Disease Detection, Blood Diseases, Screen Donated Blood

Caution Regarding Forward-Looking Statements

This Web site may contain forward-looking statements, i.e. information that is not strictly historical, concerning our business and prospects. Any statements in this Web site about our expectations, beliefs, plans, objectives, assumptions or future events or performance are not historical facts and are forward-looking statements. These statements are often, but not always, made through the use of words or phrases such as "believe," "will," "expect," "anticipate," "estimate," "intend," "plan," and "would." For example, statements concerning financial condition, possible or assumed future results of operations, growth opportunities, industry ranking, plans and objectives of management, the market for our common stock and future management and organizational structure are all forward-looking statements. Forward-looking statements are not guarantees of performance. They involve known and unknown risks, uncertainties and assumptions that may cause actual results, levels of activity, performance or achievements to differ materially from any results, levels of activity, performance or achievements expressed or implied by any forward-looking statement. Some of the risks, uncertainties and assumptions that could cause actual results to differ materially from estimates or projections contained in the forward-looking statements include but are not limited to: (i) the risk that we may not achieve our expected growth, revenue, earnings or other financial targets, (ii) the possibility that the market for the sale of our new products, such as our TIGRIS system, APTIMA Combo 2 assay, PROCLEIX ULTRIO assay and PROGENSA PCA3 assay, may not develop as expected, (iii) the enhancement of existing products and the development of new products, including products, if any, to be developed under our recent industrial collaborations, may not proceed as planned, (iv) the risk that new products or indications may not be approved by regulatory authorities or become commercially available in the time frame we anticipate, or at all, (v) the risk that we may not be able to compete effectively, (vi) the risk that we may not be able to maintain our current corporate collaborations and enter into new corporate collaborations or customer contracts, (vii) our dependence on Novartis, Siemens (as assignee of Bayer) and other third parties for the distribution of some of our products, (viii) our dependence on a small number of customers, contract manufacturers and single source suppliers of raw materials, (ix) changes in third-party reimbursement policies regarding our products could adversely affect sales of our products, (x) changes in government regulation affecting our diagnostic products could harm our sales and increase our development costs, (xi) the risk that our intellectual property may be infringed by third parties or invalidated, and (xii) our involvement in patent and other intellectual property and commercial litigation could be expensive, could divert management's attention, and could interfere with our ability to develop and distribute products.

The foregoing list sets forth some, but not all, of the factors that could affect our ability to achieve results described in any forward-looking statements. For additional information about risks and uncertainties we face and a discussion of our financial statements and footnotes, see documents we file with the SEC, including our most recent annual report on Form 10-K and all subsequent periodic reports. We expressly disclaim any obligation to update any of the forward-looking statements contained herein to reflect future events or developments.

Terms and Conditions

1. Terms of Use
Welcome to the Gen-Probe Incorporated Web site. Please review the following terms that govern your use of our Web site (the "Terms of Use"). Your continued use of our Web site constitutes your agreement to follow and be bound by the Terms of Use.

2. Definitions
www.gen-probe.com is the interactive online service operated by Gen-Probe Incorporated and its Affiliates (collectively, the "Company") on the World Wide Web of the Internet.

Our postal address is:

Gen-Probe Incorporated 10210 Genetic Center Drive San Diego, CA 92121

We can be reached via e-mail at IR@gen-probe.com.

3. General
As we continue to develop our Web site, we may from time to time, modify, alter or update these Terms of Use. Your use of our Web site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.

4. Web site Contents
Unless otherwise noted, the design of this Web site, the Web site as a whole, and all materials, including images, illustrations, and designs, that are part of the Web site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by the Company. "Gen-Probe" and the Gen-Probe logo are registered trademarks of Gen-Probe Incorporated. Unauthorized use of any Gen-Probe trademark or logo may be a violation of federal and state trademark laws. This Web site also is protected by U.S. and foreign copyright laws. The Contents of our Web site are intended solely for personal, noncommercial use by the users of our Web site. You may download or copy the Contents displayed on our Web site for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Web site. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Web site.

5. Note Regarding Hyperlinking
Periodically, this Web site may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing third-party material into this site by inverse hyperlinking or other technology (a "linked site"). The Company has no ability to alter, update, or control the content on a linked site. The fact that the Company has, as a convenience, provided a link to a site which may be of potential interest is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or providers, or the specific information or links which they provide, all of which are solely in their control. We suggest contacting those sites directly for information or questions regarding the content of their sites. There are also inherent risks in retrieving, relying upon or using any information found on the Internet, and the Company urges you to make sure you understand those risks before doing so.

6. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Web site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to the Company using this Web site or otherwise (collectively, "Comments"), are not confidential and will become and remain the Company's property. The disclosure, submission or offer of any Comments constitutes an assignment to the Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

7. Representations Regarding Information Provided
This Web site has been prepared solely for the purpose of providing you with certain basic information about us. However, we do not make any representations as to the completeness or accuracy of the information, which may be contained on this Web site. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out-of-date. In addition, please note that the reports filed by us with the SEC and listed on this Web site speak only as of the respective dates on which they are filed or used by us. The contents of those reports can become out-of-date; and we do not make any commitment, and we disclaim any duty, to update any of those reports. We reserve the right to add, modify or delete any information on this Web site at any time. Press releases, reports and other materials presented on this Web site generally reflect their date of issuance. However, the passage of time can render information non-current or out-of-date. You should not rely on the continued accuracy of information contained in any such material beyond its date of issuance.

8. No Medical Advice
The information contained in these pages is not intended to provide medical advice or instruction on the appropriate use of our products. Patients are urged to consult with their treating physicians.

9. Disclaimer, Limitation of Liability, and Indemnity
This Web site and all contents of the Web site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Web site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. The Company cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, the Company does not warrant that your use of this Web site will be uninterrupted or error free. The Company also does not represent or warrant that this Web site or its server are free of viruses or other harmful elements. Your use of this Web site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our Web site. The Company shall not be liable for any damages of any kind related to your use of this Web site. Neither the Company nor its related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Web site, or any information or materials provided on the Web site. If you are dissatisfied with the Web site or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Web site. You agree to indemnify, defend, and hold harmless the Company, its stockholders, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these Terms of Use.

10. Termination
These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or the Company. You may terminate this agreement at any time by e-mailing IR@gen-probe.com. The Company may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Web site, if in the Company's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Web site, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and the Company relating to the subject matter addressed herein.

11. Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect. Additionally, should either party terminate this Agreement, sections 4, 6, 7, 9, 10, 11 and 12 of this Agreement shall remain in full force and effect and shall survive the termination of this Agreement.

12. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in San Diego, California.