| INTENDED
AUDIENCE/USE: |
Pervasive
Trust & Privacy Technologies, LLC ("Pervasive") provides this
web site ("Site") to you. Your access to and use of this Site
is subject to these Terms and Conditions of Use. By accessing
this Site you ("you") agree to be bound by these Terms and Conditions
of Use whether or not you have read them. If you do not agree
to these Terms and Conditions of Use, do not access this Site.
The Terms of Use may be updated by Pervasive from time to time
without notice to you. This Site and other Pervasive Web sites
that are linked to this site or affiliated with this site (collectively
"the Site") and all the information, communications, software,
scripting, photos, text, video, graphics, music, sounds, images
and other materials and services found on the Site (collectively
"Content"), is intended for the lawful use of Pervasive' customers,
employees and members of the general public who are over the age
of 13, and citizens of the United States.
Pervasive will use reasonable efforts to include accurate and
up-to-date information on this Site but makes no warranties or
representations of any kind as to its accuracy, currency or completeness.
You agree that access to and use of this Site and the Content
thereof is at your own risk. Pervasive disclaims all warranties,
express or implied, including warranties of merchantability of
fitness for a particular purpose. Neither Pervasive nor any party
involved in creating, producing or delivering this Site shall
be liable for any damages, including without limitation, direct,
incidental, consequential, indirect or punitive damages, arising
out of access to, use of or inability to use this Site, or any
errors or omissions in the content thereof. This limitation includes
damages to, or for any viruses that infect your computer equipment.
|
| INDEMNIFICATION: |
| You
agree to indemnify, defend and hold harmless Pervasive, its officers,
directors, employees, agents, suppliers and third party partners
from and against all claims, losses, expenses, damages and costs,
including reasonable attorneys' fee, resulting from any violation
by (a) you of these Terms of Use; and (b) your use of this Site
including transmission or placement of information or material
by you on this Site. This provision shall survive the termination
of your right to use this Site. |
| ELECTRONIC
COMMUNICATIONS: |
| When
you visit any of the sites of Pervasive or send e-mails to us,
you deem such correspondence as electronic communication. You
consent to receive communications from us electronically, either
by e-mail or by posting notices on this site. You agree that any
legal requirement that all agreements, notices, disclosures and
other communications that Pervasive sends to you in writing is
satisfied by electronic communication. |
| PRIVACY
POLICY: |
| Please
review our Privacy Policy, which also governs your visit to this
Site, to understand our practices. It explains users' rights and
responsibilities with respect to information that is disclosed
on this Site. The collection and use of personally identifiable
information about you by Pervasive, is subject to our Privacy
Policy. This Site is intended for use by persons over the age
of 13. Pervasive does not seek to collect information about children
under the age of 13. No information should be submitted to or
posted on this Site by users under the age of 13 years. Pervasive
encourages parents to take an active role in their children's
use of the Internet, and to inform them of the potential dangers
of providing information about themselves over the Internet. |
| PRICING
AND AVAILABILITY: |
| The
products and services offered or referred to on this Site are
subject to availability. The prices stated for such products and
services are subject to change without notice. |
| DISPUTES: |
| All
disputes, misunderstandings, controversies, or claims (whether
in contract or tort, pursuant to regulation or statute, or otherwise,
and whether pre-existing, present or future) arising out of or
relating to: (a) these Terms and Conditions of Use; (b) this Site;
(c) any advertisement or promotion relating to these Terms and
Conditions of Use or this Site; or (d) transactions effectuated
through this Site, or (e) the relationship which results from
these Terms and Conditions of Use (including relationships with
third parties who are not party to these Terms and Conditions
of Use) or (f) relating in any way to your visit to this Site
or to products and/or services you purchase via this Site (collectively
"Claims") shall be submitted in confidence to and determined by
binding arbitration governed by the Federal Arbitration Act and
administered by the American Arbitration Association under its
rules for the resolution of consumer-related disputes, or under
other mutually agreed procedures. With exception that, to the
extent that you have in any manner violated or threatened to violate
intellectual property rights of Pervasive, Pervasive reserves
the right to seek injunctive or other appropriate relief in any
state or federal court in the state of Delaware, and you consent
to exclusive jurisdiction and venue in such courts. The arbitrator's
award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. The nature of dispute resolution
is personal, individual and provides the exclusive procedure for
resolving such disputes, you further agree, to the extent permitted
by applicable laws, to waive any right you may have to commence
or participate in any class action or class-wide arbitration against
Pervasive related to any Claim. |
| TRADEMARKS,
TRADE DRESS AND SERVICE MARKS: |
| There
are a number of proprietary logos, service marks, trademarks,
trade dress, slogans and product designations found on this Site
(collectively "Trademarks"). By making them available on this
Site, Pervasive is not granting you a license to use them in any
fashion. Pervasive' Trademarks may not be used in connection with
any product or service that is not Pervasive, in any manner that
is likely to cause confusion among customers, or in any manner
that discredits or disparages Pervasive. The use or misuse of
these trademarks or any other materials, except as permitted herein,
is expressly prohibited and may be in violation of copyright law,
trademark law, the law of slander and libel, the law of privacy
and publicity, and communications regulations and statutes Access
to this Site does not confer upon you any license under any of
Pervasive' or any third party's intellectual property rights.
In addition, all product names, whether or not appearing in large
print or with the trademark symbol, are trademarks of Pervasive,
its affiliates, related companies or its licensors or joint venture
partners, unless otherwise noted. All other trademarks not owned
by Pervasive or its affiliates that appear on this site are the
property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Pervasive or its affiliates.
Please be advised that Pervasive actively and aggressively enforces
its intellectual property rights to the fullest extent of the
law. |
| COPYRIGHTS: |
| The
Content of this Site is subject to copyright protection. Copyright
© 2005- 2007 Pervasive. The contents of this Site may not be copied
other than for noncommercial individual reference with all copyright
or other proprietary notices retained and the material is not
identified as Pervasive confidential or proprietary information.
Thereafter the Content may not be recopied, reproduced or otherwise
redistributed. Without written consents from Pervasive all other
rights and/or uses, except as expressly provided above, you may
not otherwise copy, display, download, distribute, modify, reproduce,
republish or retransmit any information, text or documents contained
in this Site or any portion thereof in any electronic medium or
in hard copy, or create any derivative work based on such images,
text or documents. Nothing contained herein shall be construed
as conferring by implication, estoppel or otherwise any license
or right under any patent or trademark of Pervasive, or any third
party. Business partners, customers, suppliers and associates
of Pervasive that, in cooperation with Pervasive, publish their
own proprietary material on this Site retain full legal and copyright
ownership of their respective material. |
| THIRD
PARTY COPYRIGHTS AND THE COPY RIGHT AGENT: |
Pervasive
is committed to respecting the intellectual property ownership
rights of others, and we require that the users of and visitors
to our Sites do the same. Pervasive may, in its sole discretion,
terminate the accounts or access rights of users or visitors who
violate the intellectual property ownership rights of others.
If you have good reasons to believe that materials in which you
have intellectual property ownership rights have been copied in
a way that constitutes a copyright infringement on our Sites,
please provide the following information to the Pervasive Copyright
Agent, below. Please note that this procedure is exclusively for
notifying Pervasive and its affiliates that your copyrighted material
has been infringed. |
- An
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- A
description of the copyrighted work that you have good reason
to believe has been infringed;
- A
description as to where the copyrighted materials you believe
is infringing is located on our Site;
- Your
address, telephone number, and e-mail address so that we may
contact you;
- A
certified statement by you that you have a good-faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law;
- A
statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright owner or authorized or authorized to act
on behalf of the copyright owner.
|
|
Pervasive'
Copyright Agent for notice of Claims of copyright infringement
on our Site or for requests for additional us of materials can
be reached at:
Pervasive Trust & Privacy Technologies, LLC
Copyright
Agent
400 Perimeter Center Terrace N.E
Suite
900
Atlanta,
GA 30346
|
| DISCLAIMER
OF WARRANTIES |
| THIS
SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED
OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN
"AS AVAILABLE" BASIS. PERVASIVE MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY,
VALIDITY, CURRENCY, COMPLETENESS, ACCURACY, OR RELIABILITY OF,
OR THE RESULTS OF THE USE OF, OR OTHERWISE WITH RESPECT TO THIS
SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND
DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING,
WITHOUT LIMITATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, OR USE OF THIS SITE. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, PERVASIVE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM PERVASIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY,
OR TO CREATE ANY WARRANTY. IN ADDITION, PERVASIVE DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT
TO CHANGE WITHOUT NOTICE |
| GOVERNING
LAWS: |
| These
Terms of Use Agreement and your use of the Site shall be governed
by the laws of the United States of America and the State of Delaware
without regard to its conflicts of laws principles. Any legal
action or proceeding related to this Site shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in Delaware. |
| REVISIONS: |
| Pervasive
reserves the right to modify, suspend, withdraw or discontinue,
temporarily or permanently, the Content, offered through or contained
on this Site, in whole or in part, at any time without notice.
You agree that Pervasive shall not be liable to you or to any
third party for any modification, suspension, withdrawal or discontinuance
of the Content. Pervasive may at any time revise these Web Site
Terms of Use by updating this posting. Such modifications will
be effective immediately upon posting. By using the Site, you
agree to be bound by any such revisions and you agree to periodically
visit this page to determine the then current Web Site Terms of
Use to which you are bound. If you do not agree to any modification
of these Terms and Conditions of Use, you must immediately stop
using this Site. |
| TERMINATION: |
| You
agree that Pervasive, in its sole discretion, may terminate or
restrict your use or access to this Site (or any part thereof)
for any reason, including, without limitation, that Pervasive
believes you have violated or acted inconsistently with the letter
or spirit of these Terms of Service, or the terms, conditions,
or rules of a sweepstakes, contest, or other promotion contained
within the Site. |
| GENERAL
INFORMATION: |
| The
Terms of Use constitute the entire agreement between you and Pervasive
and govern your use of the Site, superseding any prior agreements
between you and Pervasive relating to your use of this site. You
may also be subject to additional terms and conditions that may
apply when you use purchase products or services, participate
in a sweepstakes, contest or other promotion, and participate
in a Pervasive -sponsored Developer Program or service, or use
or download software. If any provision of these Site Terms of
Use is held to be invalid by any law, rule, order or regulation
of any government or by the final determination of any state or
federal court, such invalidity shall not affect the enforceability
of any other provision of the Terms of Use. The failure of Pervasive
to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision.
By accessing the Site you agree that the statutes and laws of
the united states and the state of Delaware, USA without regard
to conflicts of laws principles, will apply to all matters relating
to use of the site, and you agree that any litigation shall be
subject to the exclusive jurisdiction of the state or federal
courts in Delaware, USA. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Site, or the Terms of Use must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of
Service are for convenience only and have no legal or contractual
effect. |
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