PeriGen, Inc. Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING THE WEBSITE PERIGEN.COM, CUSTOMER.PERIGEN.COM OR ANY SUBDOMAINS OR AFFILIATED SITES (THE “WEBSITE”, “SITES” OR “SITE”). THE SITE IS OWNED AND OPERATED BY PERIGEN, INC. (ALSO REFERRED TO HEREIN AS “PERIGEN” “WE,” OR “US”). THE SITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES HEREIN (THE “TERMS”), WHICH GOVERN YOUR USE OF THE SITE AND THE SERVICES PROVIDED ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING OUR PRIVACY POLICY, YOU MUST NOT USE OR ACCESS THE SITE.

THE SITE PROVIDES OPPORTUNITIES TO READ, OBTAIN, AND PROVIDE INFORMATION RELATING TO OUR PRODUCTS AND SERVICES AND TO ACCESS AND USE FEATURES AND SERVICES ON THE SITES, WHICH SHALL BE REFERRED TO HEREIN COLLECTIVELY AS THE “SERVICES.”

BY USING OR ACCESSING THE SITES OR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF YOUR PHYSICAL LOCATION.

CHANGES TO TERMS OF USE, SITE AND/OR PRIVACY POLICY: We may change these Terms, the Sites, or our Privacy Policy at any time in our sole discretion with or without notice. You can review the most current version of the Terms by clicking on the “Terms of Use” link, located at the bottom of our website, at www.PeriGen.com/terms/. You are responsible for checking the Terms and Privacy Policy periodically for changes. If you continue to use the Site or our Services after we post changes to the Terms or Privacy Policy, you are signifying your acceptance of and consent to the new Terms and Privacy Policy as well as the changes in the Site or Services. Our Privacy Policy is located at www.PeriGen.com/privacy-policy/. If you do not accept changes you should stop using the Site.

The Terms are effective as of November 16, 2015.

AGE RESTRICTIONS: The Site and the Services are intended for use by individuals who are at least the age of majority in their jurisdiction of residence .By using the Site or the Services, you confirm you are at least the age of majority where you live. If you are not, you may not access the Site or Services.

NO MEDICAL ADVICE: The Site and Services are not, and are not intended to, be a source of medical advice. We do not provide any medical advice on or through the Site or Services and users should not rely on any information on the Site to diagnose or treat any medical condition.

RELATIONSHIP OF THE PARTIES: Notwithstanding any provision hereof, you and PeriGen shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of PeriGen, express or implied, and you shall not attempt to bind PeriGen to any contract.

YOUR RESPONSIBILITIES: You may use the Site and the Services for lawful purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, software, products or services obtained from the Services or the Site.

You may not submit or transmit through the Site or the Services any information, content, or material or otherwise engage in any conduct that:

  1. Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Impersonates any person, business, or entity, including PeriGen and its employees and agents;
  5. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  6. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
  7.  Violates these Terms of Use, guidelines, or any policy posted on the Site or Services; or
  8. Interfere with the use of the Site or Services by others.

You may not use our Site or Services:

  1. For your own commercial gain other than as permitted by the specific intended use of the Services;
  2. To offer any form of advertising or promotion without our prior written consent; or
  3. To provide any false personal information or any personal information, content, or material on account of anyone other than yourself without permission.
  4. To avoid the age restrictions or enable another person to avoid the age restrictions.

You are responsible for any and all activity relating to your password, login, or use of the Site or Services.

You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site or Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

You may not use the Site or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

We reserve the right to remove any of your information, content, or material from the Site or the Services if it violates these Terms of Use.

YOUR REPRESENTATION:  You represent and warrant that the use of the information you provide to the Site is accurate, true and correct and will not violate the rights of any third party (e.g., any intellectual property or other proprietary right or any privacy right), or any applicable law.

PROPRIETARY RIGHTS AND INTELLETCUAL PROPERTY RIGHTS: We own the intellectual property rights to the design of and the information on and in the Site and the Services, including the name of the Site and the Services and the look and feel of the color combinations, button shapes, and other graphical elements of the Site and the Services. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. For example, we own a copyright on the selection, organization, arrangement, and enhancement of the Site and the Services, as well as on our original content on the Site and the Services. We reserve the right to prosecute violations of our intellectual property rights to the full extent of the law. Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.

If, in your view, any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on the Site or the Services, please inform us immediately using the Contact information below and on the Site.

Grant of License – Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the Site and Services for as long as your use complies with these Terms of Use.

Legal Compliance – You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

All content and software (if any) that is made available to view and/or download in connection with the Site or the Services is owned by and is the copyrighted work of PeriGen, its subsidiaries, affiliates, and/or its sponsors or suppliers and is protected by copyright laws and international treaty provisions.

COPYRIGHT VIOLATIONS: We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing (e.g., on the Consumer Site, Developer Site, etc.);
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at: Copyright Agent, PeriGen, Inc., 259 Prospect Plains Rd, Building J, Cranbury, NJ, 08512, USA.

THIRD PARTY INFORMATION AND LINKS: The Site or the Services may contain links to third party Web sites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). The Linked Sites and Third Party Information are not under our control and we are not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, reliability, legitimacy or validity or any links, products, services or any other aspect of the Linked Sites. We are not responsible for any form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly. Links and other information are provided to you only as a convenience, and the inclusion of any link or Third Party Information does not imply our endorsement or recommendation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site or the Services or Linked Sites, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. PeriGen shall not be responsible or liable for any part of any such dealings.

SUBMISSIONS/YOUR WARRANTY AND REPRESENTATIONS: Use of the Site includes providing information. The information collected by the Site does not allow users to identify patients or provide patient Personally Identifiable Information/Personal Data, patient Sensitive Personal Data or Protected Health Information of any kind with respect to patients. By using the Site, you acknowledge and agree that you are fully responsible for the truthfulness and accuracy of the information you provide to the Site, whether it pertains to you or others. You warrant that the information you provide to the Site will not include Personally Identifiable Information/Personal Data of any patient, Sensitive Personal Data of any patient, or Protected Health Information of any patient.

CONFIDENTIALITY: The Site contains information that is confidential and proprietary to PeriGen and its sponsors. “Confidential Information” includes but is not limited to information relating to studies under consideration by PeriGen and/or its sponsors. By using the Site, you agree to maintain the confidentiality of the information on the Site. You may not use in any way for your own account or the account of any third party, nor disclose to any third party, any information obtained from the Site other than when using the Site as it is strictly intended to be used. You agree to protect the information on the Site from disclosure and to maintain the confidentiality of the Confidential Information and other information on the Site. The terms of these Terms of Use are deemed Confidential Information and may not be disclosed without our prior written approval.

DISCLAIMER: THE SITE AND THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE AND SERVICES OR PROVIDED THROUGH OUR SITE OR SERVICES, WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE OR THE SERVICES FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THE SERVICES OR THROUGH OUR SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, SERVICES OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE SERVICES OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR THE SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.

WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THE SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE OR THE SERVICES. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE OR THE SERVICES OR PROVIDED THROUGH THE SITE OR SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE OR THE SERVICES IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.

SOME JURISDICATIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR THE SERVICES.

IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CUSTOMERS, PARTNERS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES, THE CONTENT OF OUR SITE OR THE SERVICES, OR FROM USERS OF OUR SITE OR THE SERVICES (WHETHER OFFLINE OR ONLINE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITE OR THE SERVICES AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THE FOREGOING PARAGRAPH OF THIS SECTION MAY NOT APPLY TO YOU.

FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR THE SERVICES OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE OR THE SERVICES FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE OR THE SERVICES SHALL IN NO EVENT EXCEED $100.

YOUR RELEASE OF PERIGEN: To the maximum extent permitted by applicable law, you hereby release and waive all claims against PeriGen, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Site and your provision of information or Submissions, whether unsolicited or not, to the Site. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.

INDEMNIFICATION: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Site or the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

INTERNATIONAL USE: We make no representation that any content of the Site or the Services is appropriate or available for use in locations outside the United States. Accessing the Site or the Services from territories where the content is illegal is expressly prohibited. If you choose to access the Site or the Services from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transition of technical data exported from or imported to the country in which you reside. The following provisions apply to users and non-users who access, use or otherwise interact with the Site or Services outside the United States: (a) you consent to having your Personal Data transferred to and processed in the United States; (b) you will not use the Site if you are prohibited from receiving products, services, or software originating from the United States; (c) You agree not to access or use any information or materials on the Sites or Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Sites or Services; and (d) your access and use of the Sites and/or Services from outside the U.S. is covered by these Terms.

CHOICE OF LAW; RESOLVING DISPUTES: You agree that the laws of the State of New Jersey, U.S.A. govern all matters arising out of the Terms, without regard to choice of law rules. Any dispute or claim arising out of or in relating to the Terms, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of New Jersey, U.S.A. and of any federal or state court with jurisdiction located in New Jersey, U.S.A. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The parties agree that all disputes will be adjudicated by a single judge sitting without a jury and you and we agree to a waiver of any and all rights to a trial by jury. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site or the Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.

GENERAL TERMS; SEVERABILITY & INTEGRATION; NO WAIVER: This contract and any supplemental terms, policies, rules, and guidelines posted on the Site or with respect to the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by PeriGen to have effect.

TERMINATION: Your right to use the Site or the Services automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site or the Services. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Site or the Services, for any reason, with or without notice. The provisions of the Terms, which by their nature should survive termination, or your use of the Site or the Services shall be deemed to survive such termination.

CONTACT US; NOTICES: If you have any questions or comments, or wish to send us any notice regarding these Terms, the Sites or the Services, please send an email or notice to: PeriGen@PeriGen.com; web address: www.PeriGen.com