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Terms of Use |
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TERMS AND CONDITIONS OF SITE USAGE Productivity Engineering Services (PES) provides all information on this World Wide Web site (including the underlying HTML files that implement the hypertext features, hereinafter this "Site") exclusively under the following Terms and Conditions:
1. Ownership, License and Restrictions on Usage 1. A. All content, right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belongs to PES. PES shall retain all common law, statutory and other reserved rights, including the copyright thereto.
1. B. No part of this site, including but not limited to text or graphic images and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, except that you may download or print one copy of the materials for your personal, informational and non-commercial purposes, provided that you do not modify the material in any way and that you do not remove or obscure the copyright notice or other notices. . In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission of PES.
2. Users Grant of License By submitting information to PES through this Site, you (1) grant PES, its Division and its Affiliates the right to use, reproduce, download, print, display, adapt, modify and distribute the information in any form for any purpose, and (2) warrant and represent that you own or otherwise control all rights in and to the information and that use of the information by PES will not infringe or violate the rights of any third party.
3. Linking 3. A. You may provide hot links to this Site provided (a) you do not remove or obscure by framing or otherwise, advertisements, the copyright notice or other notices on this Site, (b) you give PES notice of such link by sending an email to jmiller.pes@sbcglobal.net, and (c) you discontinue providing hot links to this site if requested to do so by PES.
3. B. This Site may provide links to other sites on the internet. These sites are not under the control of PES. The inclusion of a link to a site does not imply endorsement or sponsorship of the site by PES, its Division or its Affiliates. You acknowledge that PES is not responsible for the accuracy, copyright compliance, legality, decency or any other aspects of the content of such sites.
4. Disclaimers 4. A. This site is provided on an "as is," "as available" basis and PES expressly disclaims all guarantees and warranties, including the implied warranties of merchantability, and fitness for a particular purpose. The information contained in this website is intended for general use and is for informational purposes only. While PES makes every effort to present accurate and reliable information on the Site, PES does not certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy completeness and efficacy.
4. B. PES disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind, resulting from, arising out of or any way related to: (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third party websites or content therein directly or indirectly accessed through hot links in this site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of this Site or any portion thereof; (d) your use of or inability to use this Site; or (e) equipment or software in connection with this site.
4.C. Any use of the information provided on this site or any site or service linked to by this site is at your own risk.
5. Limitation of Liability 5. A. Under no circumstances shall PES, its Division, its Affiliates, or any officer, director, employee, subcontractor, agent, successor, or assign of PES, its Division or its Affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages of any kind whatsoever (including without limitation, attorneys fees and lost profits) in any way due to, resulting from, or arising in connection with, this Site, including its content, regardless of whether such alleged liability is based on contract, tort, negligence or strict liability. In those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, PES liability in such jurisdictions shall be limited to the extent permitted by law.
5. B. You agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless PES, its Division and its Affiliates and their officers, directors, employees, subcontractors, agents, successors, and assigns from all, damages liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site.
6. Governing Law and Jurisdiction This Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Michigan. It is further agreed that any legal action arising hereunder shall be brought in a court of competent jurisdiction in the State of Michigan.
9. Entire Agreement; Severability of Agreement These Terms and Conditions of Site Usage incorporate by reference any notices contained on this site and constitute the entire agreement with respect to your access to, and use of, this Site. Any term or provision of this Agreement found to be invalid under any applicable statute or rule of law shall be deemed omitted and the remainder of this Agreement shall remain in full force and effect.
10. Acceptance of Terms and Conditions of Use By using this Site, you signify your agreement to these Terms and Conditions of Use and any additional terms, conditions and notices contained or referenced herein. If these Terms and Conditions of Use are not acceptable in full and if you do not otherwise agree to them in their entirety, you must immediately terminate your use of this site.
11. Changes to Site and Terms and Conditions of Use This Site and these Terms and Conditions of Use may be changed by PES with or without notice. Please review this page on a regular basis for any such changes. Continued use of the Site following any change constitutes your acceptance of the change. |
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