Terms and Conditions
PERTECH RESOURCES, INC.
WEB SITE USE AND INFORMATION DOWNLOAD LICENSE
Welcome to the Pertech Resources, Inc. ("PRI") website (this "Website") at www.pertechresources.com. This Website is owned and operated by PRI. The text, information, images, photographs, audio or video material(s) or stills from audiovisual material(s) and other materials that can be viewed by users on this website, including but not limited to custom graphics, logos, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise and any derivatives or copies thereof ("Information") are owned by PRI. This Website may also include materials and other information that is owned by third parties. PRI has created this Website for the use and education of you and your employer if you are licensing on behalf of your company or employer ("You" or "Your"). However, You are only authorized to access this Website or to use the Information contained in this Website (regardless of whether Your access or use is intentional or accidental) if You agree to abide by all applicable laws, and to this license (this "License"), which together constitute a binding and legally enforceable agreement between You and PRI. This License governs Your use of this Website and all Information that You download or otherwise obtain from this Website. In the event You become aware of misuse of this Website by any person, please contact PRI's website administrator at webmaster@pertechresources.com.
Please read this License carefully and save it. BY USING THIS WEBSITE, YOU AUTOMATICALLY AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE AS STATED HEREIN ("TERMS OF USE"). IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY BY CLICKING ON YOUR BROWSER'S BACK BUTTON. BY DOING SO YOU WILL DECLINE THIS LICENSE AND YOU WILL NOT BE GRANTED A LICENSE TO USE THIS WEBSITE OR THE INFORMATION. Any questions or comments regarding this Website should be sent to PRI's Website's Administrator at webmaster@pertechresources.com.
GRANT OF LICENSE
PRI hereby grants to You a revocable, non-exclusive, non-sublicensable license (this "License") to use this Website and, subject to PRI's prior written approval, any Information that You download from this Website. PRI reserves the exclusive right to change, alter, append, improve or amend ("Amend" or "Amendments") this Website, the Terms of Use, or the Information at any time, without prior notice. You may not Amend nor attempt to Amend this Website at any time. You many not Amend or attempt to Amend the Information without PRI's prior written permission. Visit this Website regularly to ensure you are updated concerning any Amendments made by PRI.
Your use of any Information that you obtain from this Website or from PRI and/or PRI's other websites is subject PRI's approval. PRI retains the exclusive right to determine whether Your use of this Website or the Information is in a manner that coincides with PRI's commercial objectives. PRI's exclusive rights to this Website, the Information, or to any Amendments apply regardless whether You use this Website or use, sell, barter or give away the Information or the Amendments. By accepting this License You agree that PRI retains all rights to this Website and to the Information. Further, in the event you elect to use Information, You agree to use only current and updated Information. In the event PRI Amends this Website or the Information, You agree to immediately implement all such Amendments. PRI hereby fully disclaims any and all inaccurate or expired portions of this Website and any and all Information that is inaccurate or that has expired or Your use of this Website or the Information in an inaccurate or inappropriate manner. In addition, any downloadable resources or other content (manuals, drivers, etc.) available on the Website are meant only for use by PRI customers and/or in conjunction with PRI printer systems. Any other use of such downloadable content is strictly prohibited.
LINKED WEBSITE AND ADVERTISING
If You are interested in creating hypertext links to this Website, before doing so You must contact PRI's webmaster at 860 College View Drive, Riverton, WY 82501, Attn: Webmaster, or e-mail webmaster@pertechresources.com. In establishing hypertext links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of this Website or from PRI.
If PRI has provided links or pointers to other websites, no inference or assumption should be made, and no representation should be implied that PRI is connected with, operates or controls those websites.
This Website might be linked to other websites operated by companies not affiliated or connected with PRI. PRI is not responsible for the content or practices of any third party websites that are linked to this Website. The inclusion of such links or references is furnished merely as a convenience and does not imply PRI's endorsement, sponsorship or support of any other website or party. When visiting any other websites, You should refer to each such website's individual license and not rely on this License concerning the information and materials contained therein.
EXPORT
You warrant and agree that You are not using this Website or acquiring any Information for the purpose of export or transfer of Information to any country or location controlled, sanctioned or banned by the United States government, including, but not limited to those countries listed by the US Dept of the Treasury at www.treas.gov/offices/enforcement/ofac/sanctions/index.html. You shall strictly observe and comply with all applicable national, international, federal, state, and local laws and regulations that may govern the use of this Website as well as the handling, publication, printing, transfer, or dissemination of the Information. Further, any and all tariffs, taxes, or charges resulting from such handling, publication, printing, transfer, or publication of the Information are Your sole and exclusive responsibility, and PRI assumes and has no liability or responsibility in connection therewith. You warrant that you are not located in, under the control of, or a national of any such country or location controlled, sanctioned or banned by the United States government.
FAILED DOWNLOAD
Following your receipt of PRI's written consent to download or use Information, PRI recognizes that You may fail to properly download the Information. PRI makes no warranty or representation concerning the quality of your download, the compatibility of Your software or hardware, nor of the quality or speed of any transmission between You and this Website. It is Your sole responsibility to assure proper use of this Website and proper download and use of the Information. PRI shall have no responsibility or liability whatsoever for Your use of this Website or of defective or incomplete Information.
COPYRIGHT
This Website and the Information is protected by copyright, trademark, servicemark, patent and other property rights and laws. You may only view Information, unless You obtain PRI's prior written consent to use the Information, for Your own use and You must retain all copyright and other proprietary notices attached to the downloaded Information. You may not utilize this Website or Information other than as strictly set forth in this License without PRI's prior express written consent.
USE OF MATERIALS; COPYRIGHT INFRINGEMENT
Any communication or material that You transmit to this Website or to PRI, whether by electronic mail or other means, for any reason will be treated as non-confidential and non-proprietary. While You retain all rights in such communication or material, You grant PRI and PRI's designated licensees a non-exclusive, paid up, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium in which it is used. Please do not submit confidential or proprietary information to PRI unless PRI has agreed in writing to the contrary. If You believe that any Information contained in this Website infringes Your copyright, You should notify PRI concerning Your copyright infringement claim. PRI will process notices of alleged infringement that PRI receives and will take appropriate action as required by applicable property rights and laws. Notifications of claimed copyright infringement should be sent to this Website's Designated Agent who is:
Webmaster
Pertech Resources, Inc.
860 College View Drive
Riverton, WY 82501
To be effective, the notification must be in writing and must at least contain the following information, (DMCA, 17 U.S.C. §512(c)(3)): (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) identification of the material(s) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material(s); (4) information reasonably sufficient to permit PRI to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INDEMNIFICATION
You agree that You shall defend, indemnify and hold PRI, together with PRI's employees, agents, directors, officers and shareholders, harmless to the fullest extent permitted by law, and defend them against any and all disputes, liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of: (1) your use of this Website or of the Information; (2) your failure to use this Website or the Information; (3) your breach or alleged breach of the terms and conditions of this License; or (4) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
DISCLAIMER
You use this Website and/or the Information at your own risk. This Website and the Information is provided to You on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, including, but not limited to, any express or implied warranties of merchantability or fitness for You or for any particular purpose or system integration purposes. No warranty or representation is made as to whether this Website or the Information infringes the rights of any third party, and no covenant of quiet enjoyment in title is delivered to You under this License. You agree that any effort by PRI to Amend this Website or the Information shall not be deemed a waiver of these limitations, and no warranty shall be deemed to have failed of its essential purpose as a result of such Amendment.
LIMITATION OF LIABILITY
Your exclusive remedy and PRI's entire liability, if any, for any claims arising out of these Terms of Use and Your use of this Website shall be limited to the amount that You pay PRI for services on this Website during the three (3) month period before the act giving the rise to such liability, if any. You further agree that PRI shall not be liable to You or any third party for any incidental or consequential damages, indirect damages, loss of profits, loss of use, interruption of business, loss of data, any direct or indirect damages, or any other damages of any kind whether under this License or otherwise, even if PRI was advised of the possibility of such damages, or if such damages were foreseeable, and even if PRI was grossly, wantonly, or willfully negligent. Some jurisdictions do not permit the exclusion or limitation of certain types of liabilities, and as to any such jurisdiction, PRI's liability is limited to the greatest extent permitted by law.
TITLE
Title in and to this Website and all Information remains solely with PRI. PRI transfers no right, title or interest in and to this Website or to the Information, other than the limited license set forth herein. You may not Amend or attempt to Amend this Website. In the event PRI gives you prior written consent to use the Information, any Amendments to the Information, whether made by PRI or by You, shall be and become the property of PRI. You agree to cooperate with PRI to execute such documents or things as are necessary to vest in PRI and/or PRI such exclusive title in this Website, the Information or in the Amendments.
PERMITS AND LICENSES
If the use, printing, publication, or transfer of this Website or of any Information is restricted by or subject to an applicable law or regulation which requires any permit or license, such permit or license, and all costs and fees associated therewith, are Your sole responsibility, and PRI assumes no obligation or responsibility with respect thereto.
YOUR CONDUCT ON THIS WEBSITE
You shall strictly observe and comply with all national, international, federal, state, and local laws and regulations, and all treaties, international or otherwise, which may govern the use of this Website or the sale, transfer, publication, printing, or handling of any Information. If You violate any such laws or regulations, or are charged with any such violations, You are fully responsible for the defense thereof and any fines, fees, or penalty associated therewith. You hereby waive any claim or right that You have to seek reimbursement, contribution, indemnity, or any like remedy, from PRI, even if such breach, violation, or other claim of such governmental authority (including all regulatory or administrative bodies) is based upon the content of this Website or of the Information. By posting information in or otherwise using any communications service available to You on or through this Website, You agree that You will not upload, share, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data or other information that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or otherwise violates the Terms of Use; (ii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (iii) infringes upon any applicable property rights of PRI or any third party; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk email or any other form of unauthorized solicitation; (v) contains software viruses or any computer code, files or programs that are designated or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of PRI or any third party; or (vi) impersonates a person or entity, including any of our employees or representatives.
SEVERABILITY
If any provision of this License is held invalid or unenforceable by a Court of competent jurisdiction, or other similar body, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. Such reformation shall be performed by first taking into account the purposes sought by PRI in any such clause; second, the intent of PRI as set forth in such clause; and finally, the intent of PRI as gleaned from other provisions in this License. If reformation is not possible, then such provision shall be severed from this License, and the remainder hereof shall remain in full force and effect.
BANKRUPTCY OR INSOLVENCY
You acknowledge that You obtain no property rights or monetary interest in this Website or in the Information, and that this Website and the Information at all times remains the property of PRI. Accordingly, in the event PRI terminates this License, at will or otherwise, all documents and things pertaining to this Website and the Information shall be returned to PRI with due and prompt diligence. In the event You are subject to a trustee, receiver, or any state, federal, or national bankruptcy or insolvency laws, You shall be and remain responsible to PRI for the prompt return of all Information and shall indemnify PRI for any costs or expenses incurred by PRI to obtain or compel the delivery of Information. All such expenses shall be deemed administrative expenses of PRI.
ADDITIONAL RIGHTS AND PROHIBITIONS
If You are unsure of Your rights under this License or wish to use this Website or the Information in a manner not permitted by this License, please contact us at webmaster@pertechresources.com. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, transmission or reproductions of this Website or of the Information is strictly prohibited unless You have obtained prior written consent from PRI. Your use of Information on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute Information found on this Website may be made by contacting PRI at webmaster@pertechresources.com or in writing at: Pertech Resources, Inc., 860 College View Drive, Riverton, WY 82501 , Attn: Webmaster.
TERMINATION
PRI reserves the right to immediately terminate Your use of, or access to, this Website or of any Information at any time and at PRI's sole discretion. In the event either PRI determines that You have breached this License or any relevant law, rule or regulation or You have engaged in conduct that PRI considers to be inappropriate or unacceptable, You may become liable to PRI for such breach or conduct.
MISCELLANEOUS
This Website (excluding any link sites) is controlled by us from our offices within the State of Wyoming, United States of America, and can be accessed from all 50 states as well as from other countries around the world. As each of these places has laws that may differ from those of Wyoming State, by accessing this Website, You agree that the statutes and laws of the State of Wyoming, without regard to conflict of laws principles thereof, will apply to all matters relating to the use of this Website and products provided hereunder. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Ninth Judicial District Court in and for Fremont County Wyoming and the United States District Court for the State of Wyoming with respect to such matters.
All notices to a party shall be in writing and shall be made either via personal delivery, email, conventional mail or recognized overnight carrier. Notices to PRI must be sent to the attention of PRI's webmaster at webmaster@pertechresources.com, if by email, or at 860 College View Drive, Riverton, WY 82501, Attn: Webmaster, if by conventional mail. Notices to You may be sent either by email supplied for Your account or to the address supplied by You as part of any registration. In addition, PRI may broadcast notices or messages through the Website to inform You of changes to the Website and/or Terms of Use. Any notices or communications under these Terms of Use will be deemed delivered to the party receiving such communication (i) on the delivery date, if personally delivered; (ii) two (2) business days after deposit with commercial overnight carrier with written verification of receipt; (iii) four (4) business days after the mailing, if sent by U.S. mail, return receipt requested; or (iv) on the delivery date, if transmitted by confirmed email.
The terms and conditions set forth herein constitute the entire agreement and understanding between us concerning the subject matter hereof and supercedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented or amended by the use of any other documents.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and expenses, including reasonable attorneys fees.
