PRIMARY INNOVATIONS, LLC, PROVIDES THE INFORMATION ON ITS WEBSITE UNDER THE FOLLOWING
TERMS AND CONDITIONS. BY USING OR ACCESSING THE SITE, YOU SIGNIFY THAT YOU AGREE
TO THE TERMS OF USE AND THAT YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED
IN OUR PRIVACY POLICY. PLEASE
READ THIS PAGE CAREFULLY. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF
YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD NOT USE THE SITE.
Ownership of Site; Agreement to Terms and Conditions of Use
The following Terms and Conditions of Use (“Terms of Use”) constitute an agreement
between you and Primary Innovations, LLC, and its related, affiliated, parent or
subsidiary companies (hereafter collectively referred to as “PI,” “we,” “our,” or
“us”). These Terms of Use apply to the websites owned, operated, licensed, and controlled
by PI (collectively, the “Site(s)”). When we use the term “Site” below, we also
mean, and the term shall include, the “Content” (as defined below) unless the context
requires otherwise. “You,” “you,” “Your,” or “your” means you as a user of any of
the Sites. This Site is the property of PI.
PI reserves the right at its sole discretion, to change, modify, add or remove portions
of these Terms of Use, at any time. It is your responsibility to check these Terms
of Use periodically for changes. Your continued use of the Site following the posting
of changes will mean that you accept and agree to the changes.
Intellectual Property; Limited Use
This Site, the content, any materials downloaded, and all intellectual property
pertaining to or contained on the Site (including but not limited to copyrights,
patents, database rights, graphics, designs, text, logos, trade dress, trademarks
and service marks) are owned by PI or third parties and all right, title and interest
therein shall remain the property of PI and/or such third parties (collectively,
the “Content”). All Content is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition laws.
As long as you comply with these Terms of Use, PI grants you a personal, non-exclusive,
non-transferable, non-assignable, non-commercial, revocable limited right to enter
and use the Site. You are authorized solely to view and retain a copy of the pages
of the Site for your own personal, non-commercial use. You may also view and make
copies of relevant documents, pages, images or other materials on this Site for
the purpose of transacting business with PI. You agree that you will not duplicate,
publish, modify, create derivative works from, participate in the transfer of, post
on the Internet, or in any way distribute or exploit the Site, or any portion of
the Site for any public or commercial use without the express written consent of
PI. Additionally, you agree that you will not (i) remove or alter any author, trademark
or other proprietary notice or legend displayed on the Site (or printed pages produced
from the Site); and (ii) make any other modifications to any documents obtained
from the Site other than in connection with completing information required to transact
business with PI.
Logos, trademarks, images, etc. are the property of PI unless otherwise noted and
may not be copied, used, linked, disseminated, etc. without PI's prior express written
approval.
Site Security
As a condition of your use of this Site, you agree that you will not, and you
will not take any action intended to: (i) access data that is not intended for you;
(ii) invade the privacy of, obtain the identity of, or obtain any personal information
about any user of this Site; (iii) probe, scan or test the vulnerability of this
Site or the PI network or breach security or authentication measures without proper
authorization; (iv) attempt to interfere with service to any user, host or network
or otherwise attempt to disrupt our business, including, without limitation, via
means of submitting a virus, worm, Trojan horse or other malicious or harmful code
to this Site or otherwise overloading, “flooding,” “spamming,” “mail bombing” or
“crashing” the Site; (v) send unsolicited mail, including promotions and/or advertising
of products and services; (vi) disassemble, reverse engineer, decompile, or otherwise
attempt to derive source code from the Site; (vii) gain or attempt to gain unauthorized
access to the Site or its related systems; (viii) transfer, license, sublicense,
lease, loan, sell, resell for profit, distribute or otherwise grant any rights in
the Site in any form to any other party; (ix) copy the Site, except as authorized
herein; (x) create Internet links to or from the Site, or “frame” or “mirror” any
content of the Site; (xi) use “bots,” “crawlers” or other automated methods to “scrape”
or copy information and data from the Site; or (xii) copy any features, functions,
screens, interfaces or graphics of the Site. Violations of system or network security
may result in civil or criminal liability.
Privacy
PI's Privacy Policy applies to
use of this Site, and its terms are made a part of these Terms of Use by this reference.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, notwithstanding PI's
efforts to protect such transmissions.
Disclaimers
PI DOES NOT PROMISE THAT THE SITE OR ANY OR FEATURE OF THE SITE WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE
SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE”
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
PI CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE
WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PI DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PI DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PI FOR USE OF THE SITE OR ANY CONTENT
IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART
OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER PI, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST
PROFITS, EVEN IF PI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS
OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, PI'S MAXIMUM LIABILITY
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER
IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO $100.00.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation
may not apply to you.
Indemnity
By using the Site, you agree to defend, indemnify, and hold harmless PI (and our
contractors, agents, employees, officers, directors and shareholders) from and against
any and all Claims that PI may become obligated to pay arising out of, connected
with or resulting from (i) your use of this Site or the Content; (ii) your breach
of these Terms of Use; (iii) any breach by you of any applicable law, regulation
or rule; or (iv) your Feedback (as defined below), including any claim that your
Feedback violates, misappropriates or infringes the intellectual property rights
of any third party. PI reserves the right to assume or participate, at your expense,
in the investigation, settlement and defense of any such action or claim.
Release
You hereby release PI, our contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all Claims of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with the Site. If you are a California resident, you waive
California Civil Code §1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement
with the debtor."
Linking
This Site may contain links to sites maintained by third parties. PI is not responsible
for the content or privacy policies of those sites, and the existence of such links
should not be considered an endorsement or recommendation of those sites or of any
product or service offered on those sites or of any party that is associated with
those sites. Please note that other websites and webpages linked to this Site may
be governed by separate terms and conditions, including privacy policies. Please
refer to the applicable terms and conditions of those web sites and web pages when
visiting them. PI assumes no responsibility or liability for any material that may
be accessed on other Web sites reached through this Site, nor does PI make any representation
regarding the quality of any product or service contained at any such site.
PI prohibits unauthorized links to the Site and the framing of any information contained
on the site or any portion of the Site. PI reserves the right to disable any unauthorized
links or frames. PI has no responsibility or liability for any material on other
Web sites that may contain links to this Site.
Feedback
Subject to any applicable law and the requirements of the Privacy Policy, any communication sent by you via the Sites
or otherwise to us (collectively, "Feedback") is on a non-confidential basis, and
we are under no obligation to refrain from reproducing, publishing or otherwise
using it in any way or for any purpose. We can use the Feedback, including without
limitation any ideas, inventions, concepts, techniques or know-how disclosed therein,
for any purpose including without limitation developing, creating and/or marketing
products and services. You agree you will not assert any ownership right of any
kind in the Feedback (including without limitation copyright, trademark, unfair
competition, moral rights, or implied contract) and you hereby waive the right to
receive any financial or other consideration in connection with the Feedback, including
without limitation acknowledgment of you as the source of the Feedback. Your submission
of any Feedback shall constitute an assignment to us of all worldwide rights, titles
and interests in all copyrights and other intellectual property rights in the Feedback.
For this reason, we ask that you not send us any Feedback that you do not wish to
assign to us, including any confidential information or any original creative materials
such as stories, product ideas, computer code or original artwork. You shall be
responsible for the content and information contained in any Feedback sent by you
to the Sites or otherwise to us, including without limitation for its truthfulness
and accuracy.
Our Confidential Information
You agree that you will not disclose our Confidential Information to any person
or entity, other than as necessary to use the products and services provided on
the Sites. You will not use or permit the use of any Confidential Information except
as necessary in connection with the products and services. You shall use at least
the same degree of care in safeguarding the Confidential Information as you use
in safeguarding your own confidential information, but in no event shall you use
less than due diligence and care. "Confidential Information" means all information
or material: (i) which is obtained from password protected portions of the Sites
or (ii) which (A) is marked "Confidential," "Restricted," or other similar marking,
(B) is known by the parties to be considered confidential, or (C) is or should be
known or understood to be confidential or proprietary by an individual exercising
reasonable judgment.
Electronic Contracting and Notices
Your affirmative act of using any of the Site and/or accessing or registering for
the Site constitutes your electronic signature to the Terms of Use and your consent
to enter into agreements with us electronically. You also agree that we may send
to you in electronic form any privacy or other notices, disclosures, reports, documents,
communications or other records regarding the Site (collectively, “Notices”). We
can send you Notices (i) to the e-mail address that you provided to us, or (ii)
by posting the Notice through the Site. The delivery of any Notice from us is effective
when sent by us, regardless of whether you read the Notice when you receive it or
whether you actually receive the delivery. You can withdraw your consent to receive
Notices electronically by discontinuing your use of the Site. You can retrieve an
electronic copy and a printable version of the Terms of Use by clicking on the “Terms
of Use” link on the Site. All contracts completed electronically will be deemed
for all legal purposes to be in writing and legally enforceable as a signed writing.
You acknowledge and agree that by providing PI with any personally identifiable
information through the Site, you consent to the transmission of such personally
identifiable information over international borders as necessary for processing
in accordance with PI's standard business practices and the Privacy Policy.
Minors
This Site is not directed at children under the age of thirteen (13) and PI does
not knowingly collect personal information from any child under the age of thirteen
(13) at this Site.
Law and Venue
This Site is located in the State of Texas. These Terms of Use and the relationship
between you and PI shall be governed by the laws of the State of Texas without regard
to its conflicts of law provisions. You agree to the personal jurisdiction by and
venue in the state and federal courts in Tarrant County, Texas, and agree and consent
that such courts are the exclusive forum for litigation of any claim or cause of
action arising out of or relating to your use of this Site or the Content. You agree
that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or relating to your use of this Site or the Content must be filed
within one year after such claim or cause of action arose or be forever barred.
Potential Disruption of Service
Access to the Site may from time to time be unavailable, delayed, limited or slowed
due to, among other things:
Miscellaneous
Any failure by PI to exercise any rights or enforce any of these Terms of Use shall
not constitute a waiver of such rights or terms. If any provision of these Terms
of Use or their application in a particular circumstance is held to be invalid or
unenforceable to any extent, the remainder of these Terms of Use, or the application
of such provision in other circumstances, shall not be affected thereby, and each
provision hereof shall be valid and enforced to the fullest extent permitted by
law. These Terms of Use constitute the entire agreement between you and PI with
regard to your use of the Site, and any and all other written or oral agreements
or understandings previously existing between you and PI with respect to such use
are hereby superseded and cancelled. PI will not accept any counter-offers to these
Terms of Use, and all such offers are hereby rejected.
Access to and use of this Site are subject to all applicable international, federal,
state, and local laws and regulations. You agree not to use the Site in any way
that violates such laws or regulations.
This Site and its Content are directed to persons residing in the United States.
You may not use or export or re-export any portion of this Site or its Content in
violation of any applicable laws or regulations, including without limitation United
States export laws and regulations.
The Terms of Use govern your relationship with us and our licensors. Please note
that we may change the Terms of Use at any time to reflect changes in the applicable
laws, to address new Content, to account for changing of new technologies, or as
we otherwise deem appropriate, by posting a revised version of the Terms of Use
on the Site. If you disagree with any changes to the Terms of Use, you may discontinue
your use of the Site. Your ongoing use of any of the Site after the changes are
posted signifies your agreement to the new or changed terms. We encourage you to
review the Terms of Use regularly.
You shall not assign, transfer or sublicense any of its rights or obligations under
these Terms of Use. You may not transfer any copies or versions of the Site to any
third party. We may assign all or any of our rights or obligations under these Terms
of Use.
Copyright © 2009 Primary Innovations, LLC. All rights reserved.