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Terms of Use
WWW.PROJECTRICITY.COM
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE
ACCEPTING ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this web
site ("You"), and the owner and operator of this web site: PROJECTRICITY.COM
INC., a Colorado corporation ("Projectricity"). All references to "us", "this
web site" or "this site" shall be construed to mean Projectricity. If the user
is not an individual, then "You" means Your company, its officers, members,
agents, successors and assigns.
2. Assent To Terms of Use And Amendment. Projectricity grants a
non-exclusive, non-transferable, and revocable license to You and provides the
services available at this site to You subject to the following terms and
conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME
WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND
CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES
IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE
OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH
PROJECTRICITY ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM
TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS
AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY
GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY
THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement between You and
Projectricity, and except for any separate license agreement for software and/or
content, this terms of use agreement supersedes any and all prior and existing
agreements, whether oral or in writing, between You and Projectricity with
respect to the subjects addressed herein and constitutes the entire agreement
between the parties with respect to those subjects. Except for any separate
license agreement for software and/or content, You acknowledge that neither
Projectricity nor anyone on Projectricity's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You relating to the
subjects addressed by this terms of use agreement that are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; (ii) not to interfere or disrupt this site or any networks connected
to this site; (iii) not to use any device, software or routine or attempt to
interfere with the proper functioning of this site or any transactions being
offered at this site; (iv) not to take any action that imposes an unreasonable
or disproportionately large load on Projectricity's infrastructure; (v) not to
use this site to collect or harvest personal information, including, without
limitation, financial information, about other participants at this site; and
(vi) not to impersonate any person or entity or falsely state or otherwise
misrepresent Your affiliation with a person or entity. You agree not to use the
services, products, or downloads available at this site for illegal purposes,
and to comply with all regulations, policies and procedures of networks
connected to this site.
5. Compliance with Laws. You shall comply with all applicable laws and
regulations of the United States and foreign authorities (including, but not
limited to United States trade restriction laws, export laws or license
requirements and laws regarding the sale or transport of hazardous materials,
and laws regarding the transmission of technical data, including without
limitation encryption, exported from the United States through the services
available at this site) relating to any service, product, or download associated
with this site.
6. Separate License Agreement(s). You may acquire software and/or content
from Projectricity by download from this site, or otherwise directly from
Projectricity. You agree that your use of such software and/or content shall be
strictly in accordance with the applicable license agreement(s).
7. Registration Data And Privacy. Registration may be required for you to
download from this site, or for your participation in certain services offered
at this site. You must provide certain current, complete, and accurate
information about You as prompted to do so by the registration form
("Registration Data"), and maintain and update such registration information as
required to keep such information current, complete and accurate. You warrant
that your Registration Data is accurate and current, and that You are authorized
to provide such Registration Data. You authorize us to verify your Registration
Data at any time. If any Registration Data that You provide is untrue,
inaccurate, not current or incomplete, Projectricity retains the right, in its
sole discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject to our
Privacy Policy which may be accessed from the www.Projectricity.com home page.
Solely to enable Projectricity to use information You supply us internally, so
that we are not violating any rights You might have in that information, You
grant to Projectricity a nonexclusive license to (i) convert such information
into digital format such that it can be read, utilized and displayed by
Projectricity's computers or any other technology currently in existence or
hereafter developed capable of utilizing digital information, and (ii) combine
the information with other content provided by Projectricity, in each case by
any method or means or in any medium whether now known or hereafter devised.
8. Registration By Children Under The Age of 13 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER
THE AGE OF 13 ATTEMPTS TO REGISTER WITH WWW.PROJECTRICITY.COM, WE SHALL NOTIFY
THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY
PERSONAL INFORMATION FROM SUCH CHILD.
9. Copyrights. The copyright in all material provided on this site is
owned by Projectricity or by Projectricity's licensor(s). You acknowledge and
agree that this site contains proprietary information that is protected by
applicable intellectual property and other laws. You further acknowledge and
agree that information presented to You through this site, including text,
graphics, logos, icons, images and software, and the arrangement and compilation
of such content, are the property of Projectricity or its content suppliers and
is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Projectricity does not grant any license or
authorization to any user of its copyrightable material or other intellectual
property, by placing them on this site. Furthermore, except as stated herein,
none of the material 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 permission of Projectricity or the
copyright owner. However, You may print a copy of the information on this site
for Your personal, non-commercial internal use or records. In so doing, You may
not modify the materials and You agree to retain all copyright and other
proprietary notices contained in the materials. This permission does not give
You any ownership rights in the information and terminates automatically if You
breach any of these terms or conditions. If You make any other use of this site,
except as otherwise provided herein, You may violate copyright and other laws of
the United States, other countries, as well as applicable state laws and may be
subject to penalties.
10. Trademarks. The trademarks, service marks, and logos (the
"Trademarks") used and displayed on this site are registered and unregistered
Trademarks of Projectricity and others. Nothing on this site should be construed
as granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the site, without the written permission of the
Trademark owner. Projectricity aggressively enforces its intellectual property
rights to the fullest extent of the law. The Trademark(s) Projectricity,
Projectricity.com Inc. may not be used in any way, including in advertising or
publicity pertaining to distribution of materials on this site, without prior,
written permission. Projectricity prohibits use of any of the forgoing names or
marks as a metatag or as a "hot" link to any Projectricity site unless
establishment of such a link is approved in advance by Projectricity in writing.
If You have any questions regarding any trademarks on the site, please contact
Projectricity.
11. Links. This site may provide links to other Internet sites.
Projectricity is not responsible for the availability of such other sites and
does not endorse and is not responsible or liable for any content, products or
other materials available on such other sites. Links to external web sites do
not constitute an endorsement by Projectricity of those sites or the sponsors of
such sites or the content, products, advertising or other materials presented on
such sites. Further, Projectricity reserves the right to terminate any link or
linking program at any time. Projectricity does not author, edit, or monitor
these unofficial pages or links. You further acknowledge and agree that
Projectricity shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any information, goods or services available on or through any
such site. If You decide to access any of the third party sites linked to this
site, You do this entirely at Your own risk.
12. Participation In Promotions Of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products or services on this site ("Advertisers"). You acknowledge and agree
that any such correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between You and Advertiser. www.Projectricity.com shall have no liability,
obligation or responsibility whatsoever arising out of or in connection with any
such correspondence or participation or transactions.
13. Monitoring. You acknowledge that Projectricity or its designees
reserves the right to, and may from time to time, monitor any and all activity
or information transmitted or received through this site. Projectricity, in its
sole discretion and without further notice to You, may (but is not obligated to)
review, censor or prohibit any activity or the transmission or receipt of any
Information which Projectricity deems inappropriate (such as that specified in
above) or that violates any term or condition of this agreement. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes. Use of this site, authorized or unauthorized, constitutes
consent to such monitoring. Unauthorized uses and unauthorized users of this
site will be prosecuted to the full extent of the law.
14. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE,
AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE
OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON
AN "AS IS" BASIS FROM PROJECTRICITY AND ITS INFORMATION PROVIDERS, PROJECTRICITY
AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE
UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE
SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE
INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF PROJECTRICITY AND
PROJECTRICITY'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.
WITHOUT LIMITING THE FOREGOING, NONE OF PROJECTRICITY NOR PROJECTRICITY'S
AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR
SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR
SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR
SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE
ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROJECTRICITY OR THROUGH THIS SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITED LIABILITY. PROJECTRICITY AND ALL OF PROJECTRICITY's
AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND
AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND
WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES
MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF
THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW
TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE
OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR
RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO
PROJECTRICITY, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
16. Indemnity. You shall indemnify, defend, and hold harmless
Projectricity and its content providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and assigns, from any
suits, losses, claims, demands, liabilities, costs and expenses (including
attorney and accounting fees) that they may sustain or incur arising from (i)
Your use of the software available at or downloaded from this site, (ii) Your
failure to comply with any applicable laws and regulations (including without
limitation those regarding the export of products or technology abroad) or to
obtain any licenses or approvals from the appropriate government agencies
necessary to purchase or sell the subject goods and services, (iii) Your use of
the content available on this site in any way contrary to this agreement (d)
Your breach of any of Your representations, warranties or obligations set forth
in this agreement, (iv) the sale, purchase, transportation, delivery, use or
disposal of any Projectricity service, product, or download associated with this
site or available through other sites, or any loss suffered by or harm to any
person or property in any way relating to of caused in whole or in part by Your
use of this site or any service, product, or download associated with this site
(including, without limitation, any personal injuries or death of any third
person caused in whole or in part by such products or services, the use,
transportation, delivery, storage, handling or release thereof), and (v) any
taxes attributable to the relating to any service, product, or download
associated with this site.
17. Beneficiaries of this Agreement; No Other Agreements. The rights and
limitations in this agreement are for the benefit of Projectricity and each of
Projectricity's content providers, each of which shall have the right to enforce
its rights hereunder directly and on its own behalf.
18. Termination. You agree that Projectricity may, at its sole
discretion, deny You access to the site and disable any user name and password
associated with You for any reason, including, without limitation, if
Projectricity believes that You have violated or acted inconsistently with the
letter or spirit of this agreement. Projectricity reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently, the
services offered under this site (or any part thereof) with or without notice.
You agree that Projectricity shall not be liable to You or to any third party
for any modification, suspension or discontinuance of the services offered under
this site.
19. Consumer Rights. Projectricity maintains specific contact information
including an e-mail address for notifications of complaints and for inquiries
regarding pricing policies. All correspondence should be addressed to
Projectricity's agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
Projectricity.com Inc.
1922 Gold Camp Way
Franktown, CO, 80116
Contact: Monte Malenke - email: monte@projectricity.com
Telephone:303-748-1999
Facsimile:208-460-8684
You may contact Projectricity with complaints and inquiries regarding pricing
and Projectricity will investigate those matters and respond to the inquiries.
20. Controlling Law. This Agreement shall be construed under the laws of
the State of Colorado, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
21. Jurisdiction And Venue. You and Projectricity agree to submit to the
exclusive personal jurisdiction of the courts of Douglas County in the State of
Colorado, USA in all legal proceedings arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT
YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT, PLEASE EXIT THIS SITE.
Last Update: December 1, 2001.
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