The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the P E Site, receive data from the P E Site, or in any way utilizes, benefits, takes advantage of or interacts with any function or feature of the P E Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the P E Site (if any) that may direct your browser or your connection to third party Web sites or Web pages.
1. GENERAL USE OF THE P E SITE.
The P E Site is available to users in the general public without registering and you may visit and browse the P E Site without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit or restrict any portion of the P E Site at any time and from time to time, without notice to you.
3. OWNERSHIP AND PROPRIETARY RIGHTS.
The P E Site, including any and all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the P E Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of P E Systems and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”).
All Content on the P E Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. P E Systems authorizes you to access Content and grants you the right to use the P E Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the P E Site, including notices on any Content you display, print or reproduce from the P E Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of P E Systems. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the P E Site unless you are expressly authorized to do so by P E Systems. As an express condition of your use of the P E Site, you warrant to P E Systems that you will not use the P E Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. P E Systems makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the P E Site.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, P E Systems has adopted the following Intellectual Property Compliance Policy. If you or any user of the P E Site believes its copyright or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Ms. Pamela Johnson
P E Systems, Inc.
Fax: (703) 246-9313
On notice, we will act expeditiously to review and if necessary to remove content on the P E Site that infringes the copyright rights of others and will disable the access to the P E Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the P E Site, including, without limitation, ” P E Systems” and or stylized logo are the intellectual property of and proprietary to P E Systems. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of P E Systems.
4. HYPERLINKS TO THIRD PARTY SITES.
5. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE P E SITE AND ALL MATERIALS, AND MERCHANDISE THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE P E SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the P E Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the P E Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE P E SITE, P E SYSTEMS OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE P E SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
6. ADS AND MALWARE.
We take great care and pride in creating the P E Site. We are always on the lookout for technical glitches that effect how the P E Site works. When we find them on our end, we will fix them. Unfortunately, your computer may cause some glitches that effect how you see the P E Site — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the P E Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the P E Site is working properly, sometimes Malware programs on your computer may interfere with your experience on the P E Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
7. INTERNATIONAL USE.
Although the P E Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the P E Site from other locations do so on their own initiative and are responsible for compliance with all local laws.
8. MISCELLANEOUS TERMS.
Without limitation, this Agreement contains the entire understanding and agreement between you and P E Systems and supersedes any and all prior, inconsistent or other understandings relating to the P E Site and your use of the P E Site. This Agreement cannot be modified, changed or terminated, except as specifically described herein.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the P E Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the P E Site shall be governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Virginia applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively, “Disputes”), you specifically agree any such Disputes shall be determined by arbitration in Fairfax, Virginia before one arbitrator. The arbitration shall be governed by JAMS Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a competent court of appropriate jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In general, you can visit the P E Site on the Internet without telling us who you are or giving us your personally identifiable information. As to all of the information described below, P E Systems will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below). When we collect information from you, you may tell us that you do not want it used for further marketing contact and we will respect your wishes. You may also turn off cookies in your browser. For more information on what a “cookie” is and how it works, please see below.
We reserve the right to change this Policy at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address that you listed when registering and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to review this Policy periodically, and be aware of any modifications. Your continued use of the P E Site after any such modifications will constitute your: (a) acknowledgment of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.
1. TYPES OF INFORMATION COLLECTED.
The P E Site is substantially informational and we only collect personally identifiable information (“PII”) from you to respond to your requests for information. PII refers to information that lets us know the specifics of who you are, for example your first and last name or e-mail address. The PII that we collect from you will not be sold, rented, leased, or in any way distributed to any third party for any reason. However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement.
Non-personally identifiable information (“Non-PII”) refers to information that does not by itself identify a specific individual. We may gather certain general information about you based upon where and how you visit the P E Site in several ways. This information may be compiled and analyzed on both an individual and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and/or your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web (“Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web or allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. We use Non-PII to enhance the smooth operation of the P E Site, improve our marketing and promotional efforts, statistically analyze the P E Site’s use, improve our service offerings, and customize the P E Site’s content, layout, and services. We DO NOT share your Non-PII with anyone.
2. PRIVACY POLICIES OF THIRD-PARTY SITES
When you use the P E Site, we will store cookies on your computer in order to maintain data on P E Site usage, to maintain login data to our private content and to facilitate and customize your use of the P E Site. A cookie is a small data text file, which is stored on your computer’s hard drive (if your Web browser permits). Cookies contain information that can be read later by a Web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. Our cookies (i) make your use of the P E Site easier and (ii) make the P E Site run more smoothly. You are always free to decline our cookies if your browser permits, but some parts of the P E Site may not work properly in that case. Once you leave the P E Site, the “cookie” remains on your hard drive in case you choose to visit the P E Site again. At no time will our “cookie” collect your PII.
4. MISCELLANEOUS PRIVACY ISSUES.
You must be at least 13 years old or have your parent or guardian’s permission to use the P E Site. Our policy is that we do not knowingly collect, use, or disclose PII about visitors that are under 13 years of age. If you have any questions about this Policy, the practices of the P E Site, or your dealings with the P E Site, please send us a letter via facsimile or email to:
Ms. Pamela Johnson
P E Systems, Inc.
Fax: (703) 246-9313