Please Read These Terms Carefully Before Using This Site

Last Modified: January 21, 2015

 

Your Acceptance

These Terms of Use (“Terms of Use”) govern your access to and use of our website located at http://perlebioscience.com/ (the “Website”) and is intended for use by residents of the United States who are 18 years of age or older. The Website is owned and operated by Perle Bioscience, Inc. (“Perle Bioscience”, “we” or “us”). Please carefully read these Terms of Use and our Privacy Policy (located at http://perlebioscience.com/privacy/) (“Privacy Policy”), which is incorporated herein by reference, before you use the Website. By accessing and using the Website, you acknowledge and agree to be bound by these Terms of Use and our Privacy Policy.

 

If you do not agree to these terms of use or our privacy policy, you are not authorized to access and use the Website and you should exit immediately.

 

You acknowledge and agree that we may modify these Terms of Use or our Privacy Policy at any time, in our sole discretion and that such modifications will be effective immediately upon our posting of them on the Website and your acceptance of them. You agree to review these Terms of Use and our Privacy Policy each time you access the Website so that you are aware of any and all modifications made to them since your last visit and you agree that your use of the Website after the date on which such modifications are posted to the Website will constitute your acceptance of such modifications.

 

Restrictions on Use

Perle Bioscience maintains the Website and all Content on the Website for general information purposes. For purposes of these Terms of Use, “Content” includes all content, information, materials, software, applications, text, displays, visual interfaces, interactive features, graphics, designs, images, photographs, audio and video contained on or that you may access through the Website, and the design, selection, arrangement and “look and feel” of the foregoing.

 

You are permitted to browse the Website and access Content for your personal use solely as intended through the provided functionality of the Website and as expressly permitted under these Terms of Use. You may download and use the Content purposely made available by Perle Bioscience for downloading from the Website, provided that you (i) do not remove any copyright, trademark or other intellectual property or proprietary notices contained in such Content, (ii) use such Content only for your personal, non-commercial informational purposes and do not copy or post such Content on any networked computer or broadcast it in any media, (iii) make no modifications to any such Content, and (iv) do not make any representations or warranties relating to such Content. You may not frame the Website without the prior written consent of Perle Bioscience.

 

Notwithstanding anything to the contrary, in no event may any part of the Website or Content be downloaded, copied, reproduced, published, uploaded, posted, displayed, encoded, translated, transmitted, distributed or otherwise used for any commercial purpose without the express prior written consent of Perle Bioscience.

 

You acknowledge and agree that, as a condition of your use of the Website and Content, you will not use the Website or Content for any purpose that is unlawful or prohibited by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates any rights of Perle Bioscience or others. You may not use the Website or any Content in any manner that could damage, disable, overburden or impair any Perle Bioscience server, or any network connected to any such server, or interfere with any other party’s use and enjoyment of the Website and Content. You may not introduce to the Website or any Perle Bioscience server any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You may not attempt to gain unauthorized access to the Website or Content or any services, accounts, computer systems or networks connected to any Perle Bioscience server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content not intentionally made available to you through the Website. Perle Bioscience reserves the right, at its sole discretion, to monitor any and all use of the Website and discontinue any aspect of the Website at any time.

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content. Notwithstanding the foregoing, Perle Bioscience grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Perle Bioscience reserves the right to revoke these exceptions either generally or in specific cases.

 

You may not take any action to interfere with or disrupt this Website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms of Use. Perle Bioscience reserves the right to bar any such activity.

 

Disclaimers; Limitation of Liability

The Website does not provide any medical advice. The information presented on the Website is made available solely for general information purposes and is not intended to replace professional medical advice or care. Nothing on the Website should be construed as providing any advice or recommendation regarding any decision, action or other matter related to your health or the health of any other person. Please contact your physician or other qualified health professional regarding any questions that you have about your health or before making any treatment decisions.

 

While Perle Bioscience uses reasonable efforts to include accurate and current Content on the Website, Perle Bioscience hereby disclaims any and all representations and warranties regarding the accuracy or completeness of such Content. The Website may contain content, information or materials from third parties and links to third party websites that are not owned or controlled by Perle Bioscience. Perle Bioscience has no control over any such third party websites, content, information or materials, and Perle Bioscience assumes no responsibility for the content, privacy policies or practices of any third party websites. The fact that the Website contains a link to a third party website does not imply that there is any affiliation between Perle Bioscience and the third party website, or that Perle Bioscience endorses the third party website. Your use of links to any such website is entirely at your own risk and responsibility. If you access any third party website, service, content, information or materials by using the Website, you acknowledge and agree that Perle Bioscience has no liability arising from your use of or access to any such third party website, service, content, information or materials. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policies of third party websites that you visit.

 

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND PERLE BIOSCIENCE HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PERLE BIOSCIENCE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING WITHOUT LIMITATION TO YOUR COMPUTER SYSTEM, LOSS OF DATA, LOSS OR DAMAGE TO ANY OTHER PROPERTY OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PERLE BIOSCIENCE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OR LIABILITY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF PERLE BIOSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Intellectual Property and Proprietary Rights

All right, title and interest in and to the Website and all Content are owned by Perle Bioscience or its licensors and are protected by intellectual property laws, including without limitation, copyright, trademark, trade dress, domain name, patent, trade secret and unfair competition laws, international treaties and conventions, and other applicable laws of the United States and other countries and jurisdictions. By using or accessing the Website, you acknowledge and agree to abide by all applicable laws, including intellectual property laws, as well as any additional notices or restrictions contained on the Website. Unauthorized use of the Website or any Content is strictly prohibited and may violate intellectual property laws or other applicable laws.

 

Except as expressly provided in these Terms of Use, no license or other right to use the Website or any Content is granted under these Terms of Use and any and all rights not expressly granted under these Terms of Use are hereby reserved by Perle Bioscience. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content, copyrights, trademarks, patents, trade secrets, technologies, products, processes or any other intellectual property or proprietary rights of Perle Bioscience. The trademarks, service marks, trade names, product names, trade dress and logos displayed on the Website are registered and unregistered trademarks of Perle Bioscience and may not be copied or used without the express prior written consent of Perle Bioscience.

 

User Submissions

Some areas or sections of the Website may allow for you to submit content to or publish content on the Website, including feedback to Perle Bioscience (“User Submissions”). Perle Bioscience does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Perle Bioscience expressly disclaims any and all responsibility and liability for or in connection with any User Submission. You are solely responsible for any User Submission that you submit to the Website and any liability, damages or other harm resulting from your User Submission. You may not submit any User Submission that infringes, misappropriates or otherwise violates the intellectual property, proprietary, publicity, privacy or other rights of any party or that is subject to any restrictions (including confidentiality restrictions), or imposes any obligations, on the use, disclosure or further distribution thereof. You may not submit any User Submission that falsely expresses or implies that such User Submission is sponsored or endorsed by Perle Bioscience. You may not submit any User Submission that is unlawful, patently offensive, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any applicable law. You may not submit any false or misleading User Submission, you may not disguise the origin of any User Submission, and you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

By submitting any User Submission to the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Perle Bioscience a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, sublicensable and transferable license, to use, copy, publicly perform, publicly display and distribute such User Submission, and to modify, create derivative works from and/or to incorporate such User Submission into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights and similar rights (including all rights of attribution and integrity) that you may have with respect to your User Submission under any applicable law.

 

Perle Bioscience may at any time, without prior notice and at its sole discretion, remove any User Submission or take any other appropriate action against any person who violates these Terms of Use.

 

Procedure for Making Copyright Infringement Claims

Perle Bioscience respects the intellectual property rights of others, and asks you and all of its other Website users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including the specific web page address on the Website).
  1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Designated Copyright Notice Agent

Perle Bioscience, Inc.

520 Folly Road, Suit P-212

Charleston, SC 29412

Email: info@perlebioscience.com

 

Violations of these Terms of Use

Perle Bioscience reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to terminate your access to the Website and/or block your future access to the Website.

 

You acknowledge and agree that money damages are not an adequate remedy for, and irreparable damage would occur as a result of, any violation of these Terms of Use, and that Perle Bioscience shall be entitled to an injunction or injunctions to prevent breaches of these Terms of Use or to enforce specifically the performance of the terms and provisions hereof in any court of competent jurisdiction, in addition to any other remedy to which it is entitled at law or in equity.

 

Indemnification

You hereby indemnify and hold harmless Perle Bioscience and its affiliates, officers, directors, employees, agents and representatives from and against any and all claims, demands, damages, losses and liability arising from your use of the Website or any violation of these Terms of Use.

 

Governing Law; Jurisdiction

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflicts of laws rules of such state. You agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms of Use will be brought in the United States District Court for the Southern District of New York or any New York State court sitting in New York City, so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding, and that any cause of action arising out of these Terms of Use shall be deemed to have arisen from a transaction of business in the State of New York, and you hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

 

Miscellaneous

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Perle Bioscience with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings, both oral and written, between you and Perle Bioscience with respect to the subject matter hereof and thereof. No failure or delay by Perle Bioscience in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

 

Copyright © 2015 Perle Bioscience, Inc. All Rights Reserved.

 

ownership of

materials

If you do not agree to these terms of use or our privacy policy, you are not authorized to access and use the Website and you should exit immediately.