WEBSITE TERMS AND CONDITIONS OF USE
Please read this Website Use Agreement (“this Agreement”) carefully. This Agreement is between you and PGX (“PGX”) and governs your use of the PGX website (“this Site”), currently at www.pgx.com, including the services that are provided through this Site. If you do not agree with any provision of this Agreement, you may not use this Site.
1. USE OF THIS SITE
1.1 Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site, to the Internet and/or to the World Wide Web. Your accessing and browsing of this Site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and PGX, are superseded and of no force or effect.
1.2 These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.
1.3 You may freely browse this Site, but you may only download information from this Site, including any text, images, audio, and video (the “Information”) for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without written permission of PGX.
1.4 You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any PGX Information you download. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of PGX. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on this Site without the written permission of PGX. PGX neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with PGX.
1.5 With the exception of the foregoing limited authorization, no license to or right of the Information, or any copyright of PGX or of any other party is granted or conferred to you.
1.6 This PGX Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of PGX and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of PGX and/or other parties is granted to or conferred upon you.
1.7 The Information posted by the Site operator on this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. PGX Information may contain technical inaccuracies or typographical errors. PGX reserves the right to make changes, corrections and/or improvements to PGX Information, and to the product and programs described in such Information, at any time without notice. Any use or reliance on such Information is at your own risk. PGX assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, PGX will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL PGX INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
2.1 The contents of this Site are for informational purposes only. Information contained on this Site, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Information on or linked to this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.
2.2 The Information contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of Information obtained from this Site. Reliance on any Information provided on this Site or provided by PGX employees or others appearing on the Site at the invitation of PGX is solely at your own risk.
2.3 This Site may contain content from third party sources. PGX does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations or practices of PGX.
3. TRADEMARKS AND COPYRIGHT
3.1 This Site contains the trademarks of PGX products and PGX. All rights in respect of all of such trademarks are reserved.
3.2 Everything you see or read on this Site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this Site, and all intellectual property rights therein, including all copyright and trademark rights, are property of PGX, its licensors or others, as the case may be. Nothing from this Site may be used by you except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of PGX. PGX neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with PGX.
3.3 Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of PGX or any third party that may own any such item displayed on the Site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms and Conditions. PGX will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions.
4.1 Any communication or material you transmit to PGX or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary.
4.3 Any Submissions that you transmit or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.
4.4 Without limiting the generality of section 4.1 above, you agree to sign and deliver to PGX on demand all further documents and assurances that PGX may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
4.5 Although PGX may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, PGX is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
4.6 PGX is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and PGX will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without imitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. PGX will fully cooperate with any law enforcement authorities or court order requesting or directing PGX to disclose the identity of anyone posting any such information or materials.
5. PERSONAL INFORMATION PRIVACY
5.1 PGX collects, uses and discloses personal information in accordance with its
. PGX may modify its
from time to time in its sole discretion. Each time you use this Site, you consent to PGX’ collection, use and disclosure of your personal information in accordance with its
, in effect then.
5.2 Unless encrypted, information sent or received over the Internet is insecure and PGX cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. PGX will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to PGX through this Site.
6. LIMITATION OF LIABILITY AND INDEMNITY
6.1 Your use of and browsing of this Site are undertaken at your own risk. Neither PGX, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site.
6.2 Without limiting the generality of section 7.1, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.
6.3 You promise to indemnify and save PGX, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.
6.4 Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using the Site, Site-related services or products, content, information or hyperlinked website.
7. LINKED SITES
7.2 Links to this Site are permitted only to the home page. You may not link to any other pages without the prior written consent of PGX.
7.3 Framing of this Site by sites or site elements of parties not part of the PGX is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of PGX is equally prohibited.
8. GOVERNING LAW
8.1 PGX controls this Site from within the Province of British Columbia, Canada. Regardless of your place of residence, the location where you access this Site or any other consideration, you agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of British Columbia and the laws of Canada in force in there, without regard to its rules relating to conflict of laws. You also agree to submit to the exclusive jurisdiction of the Courts of British Columbia with respect to any dispute between you and PGX arising from or relating to your use of this Site, this Agreement or any related matters.