| LEGAL ptecksweb Web Site Agreement
The ptecksweb Web Site (the
"Site") is an online information service provided by ptecksweb,
subject to your compliance with the terms and conditions set forth below. Please read this
document carefully before accessing or using the site. By accessing or using the site, you
agree to be bound by the terms and conditions set forth below. If you do not wish to be
bound by these terms and conditions, you may not access or use the site. ptecksweb
may modify this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement on the site. You agree to review the
agreement periodically to be aware of such modifications and your continued access or use
of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights and trademarks are
ptecksweb, its affiliates or other third party licensors. You may not
modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner,
the material on the site, including text, graphics, code and/or software without written
permission of ptecksweb. You may print and download portions of material
from the different areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to ptecksweb a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to ptecksweb by all means and
in any media now known or hereafter developed. You also grant to ptecksweb
the right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against ptecksweb
for any alleged or actual infringement or misappropriation of any proprietary right in
your communications to ptecksweb.
Trademarks.
ptecksweb.com, any other names of ptecksweb
or its publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of ptecksweb. Other product and
company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by ptecksweb, ptecksweb
does not operate, control or endorse any information, products or services on the Internet
in any way. Except for ptecksweb-identified information, products or
services, all information, products and services offered through the Site or on the
Internet generally are offered by third parties that are not affiliated with ptecksweb.
You also understand that ptecksweb cannot and does not guarantee or
warrant that files available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of
the site and the internet. ptecksweb provides the site and related
information "as is" and does not make any express or implied warranties,
representations or endorsements whatsoever (including without limitation warranties of
title or noninfringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the service, any merchandise information or service
provided through the service or on the internet generally, and ptecksweb
shall not be liable for any cost or damage arising either directly or indirectly from any
such transaction. It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and other information
provided through the service or on the internet generally. ptecksweb does
not warrant that the service will be uninterrupted or error-free or that defects in the
service will be corrected.
You understand further that the internet contains
unedited materials some of which are sexually explicit or may be offensive to you. You
access such materials at your risk. ptecksweb has no control over and
accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will ptecksweb be liable for
(I) any incidental, consequential, or indirect damages (including, but not limited to,
damages for loss of profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the service, or any information,
or transactions provided on the service, or downloaded from the service, or any delay of
such information or service. Even if ptecksweb or its authorized
representatives have been advised of the possibility of such damages, or (II) any claim
attributable to errors, omissions, or other inaccuracies in the service and/or materials
or information downloaded through the service. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, the above
limitation may not apply to you. In such states, ptecksweb's liability is
limited to the greatest extent permitted by law.
ptecksweb makes no
representations whatsoever about any other web site which you may access through this one
or which may link to this Site. When you access a non-ptecksweb web
site, please understand that it is independent from ptecksweb, and that ptecksweb
has no control over the content on that web site. In addition, a link to a ptecksweb
web site does not mean that ptecksweb endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ptecksweb,
its officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of ptecksweb and its officers,
directors, employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between ptecksweb
and you for any purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or provincial court of competent jurisdiction
sitting in Canada. Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. ptecksweb's failure to insist
upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. ptecksweb may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE. Copyright 2002 ptecksweb,
All rights reserved. |
