Terms & Conditions

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

IMPORTANT NOTICE TO YOU

 

These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of the PamGene.com web site, including without limitation use of all content, data, images, information and other materials posted on or available through this Site (collectively, the “Site”). These Terms and Conditions are in addition to any other agreement you may have with PamGene B.V., including any agreement governing your use or your organization's use of PamGene B.V.’ products or services. In addition, certain areas of the Site and use of data, content, or services made available through the Site may be subject to additional terms and conditions provided in connection with those areas or use of the data, content, or services.

 

PamGene B.V. hereby grants you a non-exclusive license to use the Site solely for your personal, non-commercial use (e.g. life science research, evaluating and obtaining information about our products and services, and learning more about PamGene B.V.). As a condition of your use of this Site, you warrant to PamGene B.V. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site. If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate.

 

The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of PamGene B.V., except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. Except as provided in these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.

 

You acknowledge and agree that this limited license to use the Site subject to these Terms and Conditions does not grant you any other right or license, by implication, estoppel or otherwise, under the intellectual property rights of PamGene B.V. or any third party. Without restricting the previous sentence, nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute PamGene’s technologies or related products or services. Where this Site is used in connection with an PamGene B.V. product or service, the license granted in these Terms and Conditions is subject to the restrictions of any license described in PamGene B.V.'s terms and conditions governing the use of such product or service.

 

 

Copies of These Terms and Conditions; Updates

 

You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site you agree to be bound by future revisions to these Terms and Conditions. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

 

Ownership

 

The Site is owned and operated by PamGene B.V. (referred to as "PamGene B.V.," "we," "us," or "our" herein). All content, data, information and other materials on or directly accessible from the Site, including without limitation all data accessible and retrievable through the www.pamgene.com Site, are owned by PamGene B.V., its subsidiaries, affiliates, licensors and/or vendors. The Site is protected by Dutch and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by PamGene B.V. and/or its vendors and licensors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.

 

No Framing

 

You may not frame or utilize framing techniques to use, surround or enclose any of PamGene B.V.'s names, trademarks, service marks, logos, or other proprietary information (including; images, text, page layout, or form) of PamGene B.V. and/or our affiliates or subsidiaries without PamGene B.V.'s express written consent.

 

Jurisdictional Issues

 

This Site is controlled and operated by PamGene B.V. from its offices within the Netherlands. PamGene B.V. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.

 

Trademarks

 

PamGene®, PamChip® and PamStation® are registered trademarks owned by PamGene B.V. and/or its subsidiaries or affiliates. PamGene B.V.'s trademarks may not be used in connection with any product or service that is not PamGene B.V.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PamGene B.V.. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. PamGene B.V. does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of PamGene B.V. or any other entity by virtue of your use of this Site.

 

Our Use of Your Data and Communications

 

PamGene B.V. will maintain security procedures with respect to its access and maintenance information you submit in queries to the Site (hereinafter referred to as Data) which provide reasonably appropriate technical and organizational safeguards against unauthorized disclosure or access consistent with the following. By using the Site, you authorize and hereby grant PamGene B.V. a limited, non-exclusive, royalty-free, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Data solely for the purposes of processing your requests and transactions, maintaining and improving the Site, but not for exploiting your Data for other commercial purposes unless otherwise provided in a separate written agreement you may have with PamGene B.V..With the exception of your Data discussed above, you acknowledge that any communications or material of any kind that you e-mail, post, or transmit to or through the Site, including, questions, comments, suggestions and other information (your "Communications") will be treated as non-confidential and non-proprietary by PamGene B.V.. By using the Site, you authorize and hereby grant PamGene B.V. a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications for reasonable business purposes.

 

YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND PAMGENE B.V. DOES NOT AND CANNOT GUARANTEE THAT DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PAMGENE B.V. DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS. PAMGENE B.V. SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.

 

External Hyperlinks from the Site

 

The Site contains hyperlinks to third party Web sites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by PamGene B.V. of any third party or its Web site, products, resources or other information. An external hyperlink to a site does not imply that PamGene B.V. is affiliated with or sponsors the third party's Web site. PamGene B.V. is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that PamGene B.V. shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.

 

Acceptable Use

 

You must not transmit any material on or through the Site that (a) restricts any other user's enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. PamGene B.V. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in PamGene B.V.'s sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions.

 

Use of Robots

 

At this time, PamGene B.V. does not permit the use of robots, spiders, crawlers or the like in connection with the Site without PamGene B.V.'s prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories. Registration for some parts of the Site registration is required for you to access the Site. If you complete the registration form, then you represent that the information on your registration form is complete and accurate, and that you will promptly contact PamGene B.V. to update this information if it changes. When registering, you will be provided a user ID and password. You are solely responsible for keeping your password confidential, and for all use of the Site with your password. You must immediately notify PamGene B.V. of any known or suspected unauthorized use of your password.

 

Accuracy and Integrity of Information

 

Although PamGene B.V. attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible the Site may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform PamGene B.V. so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 

No Warranty

 

THE SITE AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". PAMGENE B.V. DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. PAMGENE B.V. DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, PAMGENE B.V. DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAMGENE B.V. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

 

NEITHER PAMGENE B.V., NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF PAMGENE B.V. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

 

Indemnification

 

You agree to indemnify and defend PamGene B.V. from any claim (including attorneys fees and costs) arising from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. PamGene B.V. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of PamGene B.V..

 

Procedure for Making Claims of Copyright Infringement

 

General

 

Except as provided below, these Terms and Conditions constitute the entire agreement between PamGene B.V. and you pertaining to the subject matter hereof. We may, in our sole discretion, revise these Terms and Conditions from time-to-time by updating this posting. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved by mutual agreement shall be submitted to the courts of ‘s-Hertogenbosch the Netherlands and shall be governed by the laws of the Netherlands. If you have any questions concerning these Terms and Conditions please write: PamGene B.V., Wolvenhoek 10, 5211 NL ‘s-Hertogenbosch, The Netherlands.