PLEASE READ THIS TERMS OF SERVICE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2022-02-14
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of England and Wales or other applicable jurisdiction. If you are entering into these Terms of Service on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these Terms of Service, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of these Terms of Service, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service.
By using this Site, you acknowledge and agree that:
Your use of this Site, including any content you submit, will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
You will not:
In addition to the general rules above, the provisions in this clause apply specifically to your use of our Content posted to Site. Our Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Our Content"), is owned by or licensed to Pragmatic Genomics Limited in perpetuity, and is subject to copyright, trademark, and/or patent protection. Our Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our express prior written consent. No right or license under any copyright, trademark, patent, or other proprietary right or licence is granted by this Agreement.
Some of the features of this Site may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, scientific or other content, including but not limited to photos, videos, query sequences, and databases (together with User Submissions, "User Content"). By posting or publishing User Content to this Site, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any of our Content or User Content) or enforce limitations on the use of this Site, our Content or the User Content therein.
The provisions in this Section apply specifically to our use of User Content posted to Site. You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it. With respect to User Submissions, you acknowledge and agree that:
You hereby authorize us to measure general features of your User Submissions in an anonymized manner which will help us to improve the functionality and efficacy of the Site.
You hereby grant each User whom you enable to access your User Submissions of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted for up to 12 months. The above licenses granted by you in your User Content are perpetual and irrevocable. We generally do not pre-screen User Content but reserve the right (but undertake no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. We may remove any item of User Content if it violates these Terms of Service, entirely at our discretion and at any time and without prior notice.
This Site may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using this Site, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS". PRAGMATIC GENOMICS LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS DISCLAIM ALL REPRESENTATIONS WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, SUIITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES, DIRECTLY OR INDIRECTLY, ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS AND/OR THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS AND/OR ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless us and our officers, directors, employees, agents, suppliers and contractors (each, an “Indemnitee”) from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable lawyers’ fees) that may be imposed upon or incurred by any Indemnitee directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of these Terms of Service or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this clause shall survive any termination or expiration of these Terms of Service or your use of this Site or the Services found at this Site.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Subject to the terms and conditions of these Terms of Service and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or cloud computing provision, or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
We reserve the right entirely at our discretion to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although we seek to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by us. In such case, where applicable and reasonably practicable, we will endeavour to offer a comparable Service for you to migrate to. We will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
You acknowledge and agree that your payment will be charged and processed by Stripe on behalf of Pragmatic Genomics Limited. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. Refund Policy: for products and services eligible for a refund, you may request a refund under the terms and conditions of our Refund Policy which can be accessed here.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits, whether pursuant to the Contract (Rights of Third Parties) Act, at common law or otherwise.
We make no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales, to the exclusion of conflict of law rules.
Any controversy or claim arising out of or relating to these Terms of Services will be settled by each party acting in good faith to resolve the same, and failing this by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in United Kingdom, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Service to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Service shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about these Terms of Service, please contact us by email or regular mail at the following address: Pragmatic Genomics Limited, Queen Mary Innovation Limited, Mile End Road, E1 4NS United Kingdom or contact - at - sequenceserver.com.