TERMS OF USE
Parev.net ("ParevNet") is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of ParevNet constitutes your agreement to all
such terms, conditions, and notices.
PLEASE
READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING
THIS WEB SITE (this "Site"). By accessing or using this Site,
you agree to these terms of use, conditions and all applicable laws. If
you do not agree to these terms you may not use this Site.
MODIFICATION OF THESE TERMS OF USE
ParevNet reserves the right to change the terms, conditions, and
notices under which ParevNet is offered, including but not limited to
the charges associated with the use of the Site. You are responsible for regularly reviewing these terms and
conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and
noncommercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services
obtained from the Site
You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, electronically copy, download
and print hard copy portions of the material from the different areas of
the Site solely for your own noncommercial use. Any other use of
materials on this Site, including but not limited to the modification,
reproduction, distribution, republication, display or transmission of
the content of this Site, without prior written permission of ParevNet is strictly prohibited.
Harassment in any manner or form on the Site,
including via e-mail and chat or by obscene or abusive language is
strictly forbidden. Impersonation of others, including a ParevNet employee, host, or representative or other members or
visitors on the Site is prohibited. You may not upload to, distribute,
or otherwise publish through the Site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any
party or otherwise give rise to liability or violate any law. You may
not upload commercial content on the Site or use the Site to solicit
others to join or become members of any other commercial online service
or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work under the United States and
other copyright laws, and is the property of ParevNet. The collective work includes works that are licensed to
ParevNet. All trademarks, service marks, and trade
names (collectively the "Marks") are trademarks or registered
trademarks of and are proprietary to ParevNet, or
other respective owners.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the web site's
designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
ParevNet respects the intellectual property of others, and we
ask our users and visitors to do the same. ParevNet
will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, ParevNet
will act to remove or disable access to any material found to be
infringing or found to be the subject of infringing activity and will
act to remove or disable access to any reference or link to material or
activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide ParevNet the
following information. Please be advised that to be effective, the
Notification must include all of the following:
1. a physical or electronic signature of the person authorized to act on
behalf of the owner of an exclusive copyright that is allegedly
infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the Site;
4. your address, telephone number, and email address and all other information
reasonably sufficient to permit ParevNet to contact
you;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. 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 behalf of the owner of an exclusive right
that is allegedly infringed.
Notices
of claimed copyright infringement should be directed to:
By
Email:
legal@parev.net
(Please include "Notice of Infringement" in the subject
line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
PAREVNET THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED
QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A
RESPONSE THROUGH THIS PROCESS.
TERMINATION
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the subscription process. These terms and conditions,
or any of them, may be modified or terminated by ParevNet without notice at any time for any reason. The provisions
relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of
Liability, Indemnification, Applicable Laws, Arbitration and General,
shall survive any termination.
USER PARTICIPATION
ParevNet does not and cannot review all communications and
materials posted to or created by users accessing the Site and is not in
any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user generated content on the Site, ParevNet is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating
to any contents or activities on the Site. However, ParevNet reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or
(d) violates any law or regulation or (e) offensive or otherwise
unacceptable to ParevNet at its sole discretion.
USER SUBMISSIONS
Except for any personally identifiable information we may collect from you
under the guidelines established in our Privacy Policy, any material,
information or other communication you transmit, upload or post to this
Site ("Communications") will be considered non-confidential
and non-proprietary. ParevNet will have no
obligations with respect to the Communications. ParevNet and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data, images,
sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
USER CHAT ROOMS
ParevNet may, but is not obligated to, monitor or review any
areas on the Site where users transmit or post Communications or
communicate solely with each other, including but not limited to chat
rooms, bulletin boards or other user forums, and the content of any such
Communications. ParevNet, however, will have no
liability related to the content of any such Communications, whether or
not arising under the laws of copyright, trademarks, libel, privacy,
obscenity, or otherwise.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may
contain links to other sites on the Internet that are owned and operated
by third party vendors and other third parties (the "External
Sites"). However, even if the third party is affiliated with
ParevNet, ParevNet has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of ParevNet. ParevNet has no responsibility or liability for
these independent policies or actions and is not responsible for the
privacy practices or the content of such web sites. These linked sites
are only for your convenience and therefore you access them at your own
risk. Links do not imply that ParevNet sponsors,
endorses, is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark, design, logo,
symbol or other copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, ParevNet seeks to
protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites
it links to as well (including if a specific link does not work).You
should contact the Site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the content
located on such External Sites.
DISCLAIMER
ParevNet makes no warranties or representations about the
accuracy or completeness of this Site's content or the content of any
site or External Sites.
ParevNet does not filter advertisements or other content that
children may view through our sites or "hot-linked" sites, and
they could receive content and materials from the Internet and/or
advertising that are inappropriate for children. We encourage parents
and guardians to spend time online with their children and to consider
using an electronic filtering software.
THIS
SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS
SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, PAREVNET DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. PAREVNET DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. PAREVNET DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PAREVNET BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,
DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PAREVNET
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IMNDEMNIFICATION
You agree to indemnify, defend, and hold harmless ParevNet, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Provider") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your Internet account (including negligent or
wrongful conduct), by you or any other person accessing the Site using
your Internet account.
APPLICABLE LAWS
Your
use of this Site shall be governed in all respects by the laws of the
State of California, U.S.A., without regard to choice of law provisions.
You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this Site
(including but not limited to the purchase of ParevNet products) shall be in the state or federal courts located in
Santa Clara County, California. Any cause of action or claim you may
have with respect to the Site (including but not limited to the purchase
of ParevNet products) must be commenced within one (1) year
after the claim or cause of action arises. ParevNet's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms
and conditions. ParevNet may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
ParevNet makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who
choose to access this Site from locations outside California do so on
their own initiative and are responsible for compliance with applicable
local laws. You may not use or export the materials in violation of U.S.
export laws and regulations. Any claim relating to the materials shall
be governed by the internal substantive laws of the State of California.
ARBITRATION
By
using this Site, you agree that ParevNet, at its
sole discretion, may require you to submit any disputes arising from the
use of this Site, or these Terms and Conditions concerning or, including
disputes arising from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination, as well as disputes
about filling gaps in this contract or its adaptation to newly arisen
circumstances, to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by one or
more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed
by the laws of the state as set forth in the previous section.
Any
award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any
party other than the direction to pay a monetary amount. Further, the
arbitrator(s) shall have no authority to award punitive, consequential
or other damages not measured by the prevailing party's actual damages
in any arbitration initiated under this section, except as may be
required by statute.
GENERAL
ParevNet may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions
of these Terms may be superseded by expressly designated legal notices
or terms located on particular pages at this Site.
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