Terms and Conditions of Use
Welcome to the PerTrac (“PerTrac”) Web Site (the “Site”). Please read the following Terms and Conditions of Use (“Terms”) carefully before using the Site. These Terms, along with the PerTrac Privacy Policy, which is available at http://www.pertrac.com/privacy and is hereby incorporated by this reference, govern your relationship with PerTrac regarding your use of the Site. Your continued use of the Site constitutes your agreement to the Terms, which may be updated by us from time to time without notice to you. The Site is not intended for and is not designed to attract children under 13 years of age.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SITE.
Your Permission to use the Site.
PerTrac gives you limited permission to use the Site, subject to the following restrictions. Except as expressly authorized by PerTrac under a separate license or other commercial agreement with you, you may only use, download, or print material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another Web site, is prohibited. Further, you may not:
• Frame all or part of the Site.
• Modify any portion of the Site.
• Change or delete any proprietary notices on the Site or from materials downloaded or printed out from the Site.
• Systemically download or print materials from the Site.
• Transmit, distribute, sell or otherwise provide any content or data from the Site to a third party (except as expressly authorized by PerTrac under a separate license or other commercial agreement with you).
• Use the Site in a manner contrary to any applicable law.
You agree to be solely responsible for your use of this Site. Your permission to use the Site will be terminated immediately, without any further action by PerTrac, if you breach these Terms.
Proprietary Rights.
PerTrac is the owner or licensee of all rights in the Site and its content and related software. You have no rights to such content or software other than those expressly granted in these Terms. “PerTrac” and the logos or other proprietary marks of PerTrac and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.
Links.
The Site may provide links to other Web sites or resources. Because PerTrac has no control over such Web sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products or other materials on or available from such Web sites or resources.
Modification of the Site.
PerTrac reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that PerTrac shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Warranty Disclaimer.
THIS SITE AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. PERTRAC MAKES NO, AND HEREBY DISCLAIMS, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, PERTRAC DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. PERTRAC MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SITE OR INFORMATION PROVIDED THROUGH THE SITE.
Limitation of Liability.
IN NO EVENT SHALL PERTRAC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OF THE SITE, (B) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SITE, (C) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (D) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE, OR (E) ANY INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE INFORMATION OR CONTENT PROVIDED ON THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PERTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity.
You agree to indemnify and hold PerTrac and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
General Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and PerTrac with respect to your use of the Site. The failure of PerTrac to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and PerTrac shall be governed by the laws of the State of New York without regard to its conflict of law provisions. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Last updated: May 13, 2011
