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Last\r\n Updated: November 9, 2019
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Please\r\n read these Terms of Service (the “Agreement”) carefully. Your use of the Site\r\n (as defined below) constitutes your consent to this Agreement.
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This\r\n Agreement is between you and Galapagos PEX (“Company” or “we” or “us”)\r\n concerning your use of (including any access to) our site currently located at purspek.com\r\n (together with any materials and services available therein, and successor\r\n site(s) thereto, the “Site”). This Agreement hereby incorporates by this\r\n reference any additional terms and conditions posted by Company through the\r\n Site or otherwise made available to you by Company.
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By using\r\n the Site, you affirm that you are of legal age to enter into this Agreement or,\r\n if you are not, that you have obtained parental or guardian consent to enter\r\n into this Agreement.
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1.\r\n Changes. We may change this Agreement from time to time by notifying you\r\n of such changes by any reasonable means, including by posting a revised\r\n Agreement through the Site. Any such changes will not apply to any dispute\r\n between you and us arising prior to the date on which we posted the revised\r\n Agreement incorporating such changes, or otherwise notified you of such\r\n changes.
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Your use of\r\n the Site following any changes to this Agreement will constitute your\r\n acceptance of such changes. The “Last Updated” legend above indicates when this\r\n Agreement was last changed. We may, at any time and without liability, modify\r\n or discontinue all or part of the Site (including access to the Site via any\r\n third-party links); charge, modify or waive any fees required to use the Site;\r\n or offer opportunities to some or all Site users.
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2.\r\n Information Submitted Through the Site. Your submission of\r\n information through the Site is governed by our Privacy Policy, located\r\n at www.purspek.com/privacy-policy. You\r\n represent and warrant that any information you\r\n provide in connection with the Site is and will remain accurate and complete\r\n and that you will maintain and update such information as needed.
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3.\r\n Jurisdictional Issues. The Site is controlled and operated from the United States and is\r\n not intended to subject Company to any non-U.S. jurisdiction or law. The Site\r\n may not be appropriate or available for use in some non-U.S. jurisdictions. Any\r\n use of the Site is at your own risk, and you must comply with all applicable\r\n laws, rules, and regulations in doing so. We may limit the Site’s availability\r\n at any time, in whole or in part, to any person, geographic area or\r\n jurisdiction that we choose.
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4. Rules\r\n of Conduct. In connection with the Site, you must not:
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Post,\r\n transmit or otherwise make available through or in connection with the Site any\r\n materials that are or may be: (a) threatening, harassing, degrading, hateful,\r\n or intimidating, or otherwise fail to respect the rights and dignity of others;\r\n (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene,\r\n indecent, pornographic, or otherwise objectionable; or (d) protected by\r\n copyright, trademark, trade secret, right of publicity, or privacy or any other\r\n proprietary right, without the express prior written consent of the applicable\r\n owner.
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Post,\r\n transmit, or otherwise make available through or in connection with the Site\r\n any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other\r\n computer code, file, or program that is or is potentially harmful or invasive\r\n or intended to damage or hijack the operation of, or to monitor the use of, any\r\n hardware, software, or equipment.
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Use the\r\n Site for any commercial purpose, or for any purpose that is fraudulent or\r\n otherwise tortious or unlawful.
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Use the\r\n Site for any commercial purpose, or for any purpose that is fraudulent or\r\n otherwise tortious or unlawful.
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Harvest\r\n or collect information about users of the Site.
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Interfere\r\n with or disrupt the operation of the Site or the servers or networks used to\r\n make the Site available, including by hacking or defacing any portion of the\r\n Site, or violate any requirement, procedure, or policy of such servers or\r\n networks.
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Restrict\r\n or inhibit any other person from using the Site.
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Reproduce,\r\n modify, adapt, translate, create derivative works of, sell, rent, lease, loan,\r\n timeshare, distribute, or otherwise exploit any portion of (or any use of) the\r\n Site except as expressly authorized herein, without Company’s express prior\r\n written consent.
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Reverse\r\n engineer, decompile or disassemble any portion of the Site, except where such\r\n restriction is expressly prohibited by applicable law.
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Remove\r\n any copyright, trademark, or other proprietary rights notice from the Site.
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Frame or\r\n mirror any portion of the Site, or otherwise incorporate any portion of the\r\n Site into any product or service, without the Company’s express prior written consent.
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Systematically\r\n download and store Site content.
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Use any\r\n robot, spider, site search/retrieval application or other manual or automatic\r\n device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site\r\n content, or reproduce or circumvent the navigational structure or presentation\r\n of the Site, without Company’s express prior written consent. Notwithstanding\r\n the foregoing, and subject to compliance with any instructions posted in the\r\n robots.txt file located in the Site’s root directory, Company grants to the\r\n operators of public search engines permission to use spiders to copy materials\r\n from the Site for the sole purpose of (and solely to the extent necessary for)\r\n creating publicly available, searchable indices of such materials, but not\r\n caches or archives of such materials. The company reserves the right to revoke\r\n such permission either generally or in specific cases, at any time and without\r\n notice.
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You are\r\n responsible for obtaining, maintaining, and paying for all hardware and all\r\n telecommunications and other services needed to use the Site.
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5.\r\n Feedback. If you provide to us any ideas, proposals, suggestions, or other\r\n materials (“Feedback”), whether related to the Site or otherwise, you hereby\r\n acknowledge and agree that such Feedback is not confidential and that your\r\n provision of such Feedback is gratuitous, unsolicited, and without restriction,\r\n and does not place Company under any fiduciary or other obligation. You hereby\r\n grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual,\r\n irrevocable, transferable, and fully sub-licensable (through multiple tiers)\r\n license, without additional consideration to you or any third party, to\r\n reproduce, distribute, perform, and display (publicly or otherwise), create\r\n derivative works of, adapt, modify, and otherwise use, analyze, and exploit\r\n such Feedback, in any format or media now known or hereafter developed and for\r\n any purpose (including promotional purposes, such as testimonials). In\r\n addition, you hereby acknowledge and agree that such Feedback is not\r\n confidential and that your provision of such Feedback is gratuitous,\r\n unsolicited, and without restriction and does not place Company under any\r\n fiduciary or other obligation.
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You\r\n represent and warrant that you have all rights necessary to grant the licenses\r\n granted in this section and that your Feedback and your provision thereof\r\n through and in connection with the Site is not fraudulent, tortious, or\r\n otherwise in violation of any applicable law or any right of any third party.\r\n You further irrevocably waive any “moral rights” or other rights with respect\r\n to attribution of authorship or integrity of materials regarding Feedback that\r\n you may have under any applicable law under any legal theory.
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6. Your\r\n Limited Rights. Subject to your compliance with this Agreement, and solely for so\r\n long as you are permitted by Company to use the Site, you may view one (1) copy\r\n of any portion of the Site to which we provide you access under this Agreement,\r\n on any single device, solely for your personal, non-commercial use.
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7.\r\n Company’s Proprietary Rights. We and our suppliers own\r\n the Site, which is protected by proprietary rights and laws. Our trade names,\r\n trademarks, and service marks include “Purspek” and any associated logos. All\r\n trade names, trademarks, service marks, and logos on the Site not owned by us\r\n are the property of their respective owners. You may not use our trade names,\r\n trademarks, service marks, or logos in connection with any product or service\r\n that is not ours or in any manner that is likely to cause confusion. Nothing\r\n contained on the Site should be construed as granting any right to use any\r\n trade names, trademarks, service marks, or logos without the express prior\r\n written consent of the owner.
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8.\r\n Third-Party Materials; Links. Certain Site functionality\r\n may make available access to information, products, services, and other\r\n materials made available by third parties (“Third Party Materials”) or allow\r\n for the routing or transmission of such Third Party Materials, including via\r\n links. By using such functionality, you are directing us to access, route, and\r\n transmit to you the applicable Third Party Materials.
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We\r\n neither control nor endorse, nor are we responsible for, any Third Party\r\n Materials, including the accuracy, validity, timeliness, completeness,\r\n reliability, integrity, quality, legality, usefulness, or safety of Third Party\r\n Materials or any intellectual property rights therein. Nothing in this\r\n Agreement shall be deemed to be a representation or warranty by Company with\r\n respect to any Third Party Materials. We have no obligation to monitor Third\r\n Party Materials, and we may block or disable access to any Third Party\r\n Materials (in whole or part) through the Site at any time. In addition, the\r\n availability of any Third Party Materials through the Site does not imply our\r\n endorsement of, or our affiliation with, any provider of such Third Party\r\n Materials, nor does such availability create any legal relationship between you\r\n and any such provider.
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Your use\r\n of Third Party Materials is at your own risk and is subject to any additional\r\n terms, conditions, and policies applicable to such Third Party Materials (such\r\n as terms of service or privacy policies of the providers of such Third Party\r\n Materials).
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9.\r\n Disclaimer of Warranties. To the fullest extent permitted under\r\n applicable law: (a) the Site and any Third Party Materials are made available\r\n to you on an “As Is,” “Where Is,” and “Where Available” basis, without any\r\n warranties of any kind, whether express, implied, or statutory; and (b) Company\r\n disclaims all warranties with respect to the Site and any Third Party\r\n Materials, including the warranties of merchantability, fitness for a\r\n particular purpose, non-infringement, and title. All disclaimers of any kind\r\n (including in this section and elsewhere in this Agreement) are made for the\r\n benefit of both Company and its affiliates and their respective equity holders,\r\n managers, directors, officers, employees, affiliates, agents, representatives,\r\n licensors, suppliers, and service providers (collectively, the “Affiliated\r\n Entities”) and their respective successors and assigns.
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While we\r\n try to maintain the timeliness, integrity, and security of the Site, we do not\r\n guarantee that the Site is or will remain updated, complete, correct, or\r\n secure, or that access to the Site will be uninterrupted. The Site may include\r\n inaccuracies, errors, and materials that violate or conflict with this\r\n Agreement. Additionally, third parties may make unauthorized alterations to the\r\n Site. If you become aware of any such alteration, contact us at info@purspek.com with\r\n a description of such alteration and its location on the Site.
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10.\r\n Limitation of Liability. To the fullest extent permitted under\r\n applicable law: (a) Company will not be liable for any indirect, incidental,\r\n consequential, special, exemplary, or punitive damages of any kind, under any\r\n contract, tort (including negligence), strict liability, or other theory,\r\n including damages for loss of profits, use or data, loss of other intangibles,\r\n loss of security of submissions, even if advised in advance of the possibility\r\n of such damages or losses; (b) without limiting the foregoing, Company will not\r\n be liable for damages of any kind resulting from your use of or inability to\r\n use the Site or from any Third Party Materials, including from any virus that\r\n may be transmitted in connection therewith; (c) your sole and exclusive remedy\r\n for dissatisfaction with the Site or any Third Party Materials is to stop using\r\n the Site; and (d) the maximum aggregate liability of Company for all damages,\r\n losses, and causes of action, whether in contract, tort (including negligence)\r\n or otherwise, shall be the total amount, if any, paid by you to Company to use\r\n the Site. All limitations of liability of any kind (including in this section\r\n and elsewhere in this Agreement) are made for the benefit of both Company and\r\n the Affiliated Entities and their respective successors and assigns.
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11.\r\n Indemnity. To the fullest extent permitted under applicable law, you agree\r\n to defend, indemnify, and hold harmless Company and the Affiliated Entities,\r\n and their respective successors and assigns, from and against all claims,\r\n liabilities, damages, judgments, awards, losses, costs, expenses, and fees\r\n (including attorneys’ fees) arising out of or relating to (a) your use of, or\r\n activities in connection with, the Site (including your Feedback); and (b) any\r\n violation or alleged violation of this Agreement by you.
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12.\r\n Termination. This Agreement is effective until terminated. Company may\r\n terminate or suspend your use of the Site at any time and without prior notice,\r\n for any or no reason, including if Company believes that you have violated or\r\n acted inconsistently with the letter or spirit of this Agreement. Upon any such\r\n termination or suspension, your right to use the Site will immediately cease.\r\n Sections 2-5 and 7-14 shall survive any expiration or termination of this\r\n Agreement.
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13.\r\n Governing Law; Jurisdiction. This Agreement is governed by and shall be\r\n construed in accordance with the laws of the State of Florida, U.S.A., without\r\n regard to its principles of conflicts of law, and regardless of your location.\r\n You agree to the exclusive jurisdiction of the federal and state courts located\r\n in Florida, U.S.A., and waive any jurisdictional, venue, or inconvenient forum\r\n objections to such courts.
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14.\r\n Miscellaneous. This Agreement does not, and shall not be construed to, create\r\n any partnership, joint venture, employer-employee, agency, or\r\n franchisor-franchisee relationship between you and Company. If any provision of\r\n this Agreement is found to be unlawful, void, or for any reason unenforceable,\r\n that provision will be deemed severable from this Agreement and will not affect\r\n the validity and enforceability of any remaining provision. You may not assign,\r\n transfer, or sublicense any or all of your rights or obligations under this\r\n Agreement without our express prior written consent. We may assign, transfer,\r\n or sublicense any or all of our rights or obligations under this Agreement\r\n without restriction. No waiver by either party of any breach or default under\r\n this Agreement will be deemed to be a waiver of any preceding or subsequent\r\n breach or default. Any heading, caption, or section title contained herein is\r\n for convenience only, and in no way defines or explains any section or\r\n provision. All terms defined in the singular shall have the same meanings when\r\n used in the plural, where appropriate and unless otherwise specified. Any use\r\n of the term “including” or variations thereof in this Agreement shall be\r\n construed as if followed by the phrase “without limitation.” This Agreement,\r\n including any terms and conditions incorporated herein, is the entire agreement\r\n between you and Company relating to the subject matter hereof and supersedes\r\n any and all prior or contemporaneous written or oral agreements or\r\n understandings between you and Company relating to such subject matter. Notices\r\n to you (including notices of changes to this Agreement) may be made via posting\r\n to the Site or by e-mail (including in each case via links), or by regular mail.\r\n Without limitation, a printed version of this Agreement and of any notice given\r\n in electronic form shall be admissible in judicial or administrative\r\n proceedings based upon or relating to this Agreement to the same extent and\r\n subject to the same conditions as other business documents and records\r\n originally generated and maintained in printed form. The company will not be\r\n responsible for any failure to fulfill any obligation due to any cause beyond\r\n its control.
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15.\r\n Contact Us. If you have a question regarding the Site, please send an e-mail\r\n to info@purspek.com
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Site ©\r\n 2019 unless otherwise noted. All rights\r\n reserved.
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