Limitations of Use
You must be 18 years of age or older to access our Web Sites or use our services. By accessing our Web Sites, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web Sites. You also agree not to interfere with the servers or networks connected to the Web Sites or to violate any of the procedures, policies or regulations of networks connected to the Web Sites, the terms of which are incorporated herein. You also agree not to (i) impersonate any other person while using the Web Sites, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Web Sites, or (iii) use the Web Sites for any unlawful purpose. You further agree to only submit content to the Web Sites that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. Pexco reserves the right to terminate your access to the Web Sites or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Pexco’s rights or interests in its Web Sites, services, or other property; or for any or no reason whatsoever without prior notice to you.
Monitoring and Management of Content of Web Sites
Some of the hyperlinks on the Web Sites may lead to third-party web sites. These web sites are not controlled by, or affiliated with, Pexco. In addition, other web sites may link to our Web Sites. Pexco is not responsible for the content or privacy policies of these third-party web sites.
The elements of the Web Sites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Pexco or its affiliates. The compilation of the content on the Web Sites is the exclusive property of Pexco.
The copyright in all materials provided on the Web Sites is owned by Pexco or its affiliate(s). Except as stated herein, none of the material contained in the Web Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Pexco. Permission is hereby granted to view, copy, print and download the materials on the Web Sites for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Pexco may revoke any of the foregoing rights at any time. You may not, without Pexco’s prior written consent, “mirror” any material contained on the Web Sites on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Web Site. Any unauthorized use of any material contained on the Web Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Web Sites are registered or unregistered Trademarks of Pexco. Nothing on the Web Sites shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Web Sites without the prior written consent of the Trademark owner. The name of Pexco or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Sites without the prior written consent of Pexco. Pexco prohibits the use of any Pexco logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Pexco in writing.
You are responsible for all information you provide to Pexco. If Pexco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pexco has the right to suspend or terminate your account and refuse any and all current or future use of the site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this site is subject to disclosure to any regulatory or criminal authority or third party.
Information and messages you post on this site are posted at your own risk. Pexco is not responsible for and disclaims all liability related to your use of this site or reliance on the information posted on this site. Pexco is not responsible for the accuracy, content, or reliability of any information posted on this site by other users.
Use of Information and Materials Submitted to the Web Sites
You acknowledge and agree that Materials submitted by you may be made available by Pexco for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to Pexco. By submitting Materials to Pexco, you waive any privacy expectations that you may have with respect to the Materials and agree that Pexco is not responsible or liable for any viewing, rating, reviewing, and commenting by the public with respect to any Materials.
By submitting Materials to Pexco, you represent and warrant that the Materials comply with all applicable laws, rules and regulations and do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right (including, without limitation, intellectual property and proprietary rights) of any third party and that you have the full and unrestricted right to transfer the Materials to Pexco, free and clear of any claims or encumbrances. You agree to hold Pexco and its officers, directors, employees, agents, successors, and assigns harmless from and against – and hereby waive any right to pursue – any claims of any nature arising in connection with any breach of the foregoing representation and warranty and/or Pexco’s use of the Materials submitted to Pexco and used in any manner in Pexco’s sole and absolute discretion.
DISCLAIMER OF WARRANTY
THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEB SITES IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITES; OR ANY CONDUCT BY USERS OF THE WEB SITES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PEXCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEXCO, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEB SITES, EVEN IF PEXCO OR A PEXCO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Choice of Law