These Terms of Use are effective as of March 3,2014
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND,TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW,FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE.
IF FOR ANY REASON,YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE,PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE,BECAUSE IF YOU CONTINUE,YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
1.LICENSE GRANT
This Terms of Use provides you,a User,with a personal,revocable,limited,non-exclusive,nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this Terms of Use.You may print and download materials and information from this Site solely for your personal use,provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.This Terms of Use is a license and not an assignment or sale.All rights not expressly granted are hereby reserved.Accordingly,you may not modify,alter,translate,decompile,create derivative work(s),copy,distribute,disassemble,broadcast,transmit,reproduce,publish,remove or alter any proprietary notices or labels,license,transfer,sell,mirror,frame,exploit,rent,lease,grant a security interest in,transfer any right(s)in,or otherwise use the Site in any manner not expressly permitted herein by PiF TECHNOLOGIES("PiF").
2.PROPRIETARY RIGHTS
This Site is Copyright © March 3,2014 PiF and/or its licensors.All rights reserved.PiF also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection,coordination,arrangement,and enhancement of the content of this Site.Any software and other downloadable or printable programs,information,or materials available through this Site and all copyrights,trade secrets,and know-how related thereto,unless otherwise indicated,are owned by PiF.PiF and all other names,logos,and icons identifying PiF and its products and services are proprietary trademarks of PiF,and any use of such marks without the express written permission of PIF is strictly prohibited.Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
3.LIMITATION OF LIABILITY
OUR WEBSITE IS MADE AVAILABLE"AS IS"AND"AS AVAILABLE",WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF TITLE,NON-INFRINGEMENT,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR WEBSITE WILL BE AVAILABLE FOR USE,PERFORM AS DESCRIBED OR THAT OUR WEBSITE IS ACCURATE,TIMELY,COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR WEBSITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE.
WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY,EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE.PiF MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION,SERVICES,PROGRAMS,PRODUCTS,SOFTWARE,SERVICES,AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT,PROGRAMS AND INFORMATION BECAUSE YOU,NOT US,ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW,WE DISCLAIM ALL LIABILITY FOR LOSS,DAMAGE,COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF OUR WEBSITE,OUR TERMS OF USE,INCLUDING,BUT NOT LIMITED TO,DIRECT,COMPENSATORY,CONSEQUENTIAL,INCIDENTAL,INDIRECT,SPECIAL,EXEMPLARY AND PUNITIVE DAMAGES,REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES,SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.HOWEVER,IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW,WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED;HOWEVER,IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO PiF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
4. WE CAN CHANGE OUR TERMS OF USE
We reserve the right,at any time and from time to time,to add to,delete or modify our Terms of Use.If you use our Website after any changes are effective,it means you are agreeing to be bound by the Terms of Use with all the changes posted.We encourage you to check back here frequently so you remain aware of the current Terms of Use that apply to you.
5. YOUR PRIVACY
Your privacy is important to us and our Privacy Policy is incorporated into and part of these Terms of Use.Read it carefully since it describes how we collect and use information we obtain from you.
6.GOVERNING LAW
Our Terms of Use and your use of our Website shall be construed,governed by and enforced under the substantive laws of the State of New Hampshire applicable to parties resident in and contracts made,executed and wholly performed within the State of New Hampshire.You submit to the jurisdiction of the State and Federal courts situated in the State New Hampshire,County of Merrimack and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction,inconvenient forum or otherwise.The Uniform Computer Information Transactions Act does not apply to our Terms of Use.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.
7.MISCELLANEOUS
The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings.Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours.No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder.The illegality,unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use.Headings are purely for reference and shall not affect meaning.Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive.
8.COPYRIGHT INFRINGEMENT
On notice,we will act expeditiously to remove Content that infringes the copyright rights of others If you believe our Website contains elements that infringe any copyright of yours or anyone else’s,please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
9.NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT(DMCA)
Pursuant to Title 17,United States Code,Section 512(c)(2),all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT(e.g.,REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,REPORTS OF E-MAIL ABUSE)TO THE CONTACT LISTED BELOW.YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW,IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.THESE INCLUDE MONETARY DAMAGES,COURT COSTS,AND ATTORNEYS’ FEES INCURRED BY US,BY ANY COPYRIGHT OWNER,OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s):Devine Millimet
Name of Designated Agent to Receive Notification of Claimed Infringement:Steve Cohen
Full Address of Designated Agent to Which Notification Should be sent:111 Amherst Street,Manchester,New Hampshire 03101
Telephone Number of Designated Agent:(603)669-1000
Email Address of Designated Agent:scohen@devinemillimet.com
Under Title 17,United States Code,Section 512(c)(3)(A),the Notification of Claimed Infringement must include the following:
(1)An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2)Identification of the copyrighted work(or works)that you claim has been infringed;
(3)A description of the material that you claim is infringing,and the location where the original or an authorized copy of the copyrighted work exists(for example,the URL of the page of the website where it is lawfully posted;the name,edition and pages of a book from which an excerpt was copied,etc.);
(4)A clear description of where the infringing material is located on our Website,including as applicable its URL,so that we can locate the material;
(5)Your name,address,telephone number,and e-mail address;
(6)A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner,its agent,or the law;and
(7)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 to act on the copyright owner’s behalf.
Last updated:March 3,2014