Effective Date: May 18, 2018
Thank you for visiting www.piusre.com/ (the “Site”), which is owned and operated by PIUS Limited, LLC (“we”, “us” or “our”).
Please review the “Dispute Resolution” section below for the details regarding your agreement to arbitrate any disputes with us. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
If you have a question about these Terms or wish to contact us, please email us at email@example.com.
Subject to your compliance with these Terms, we grant you a limited, non exclusive, personal, revocable, non transferable, non-sublicensable license to visit the Site and access and use any content, text, images, audio and other materials provided through the Site and the HTML used to generate the Site’s pages (collectively, “Content”) for your personal, non-commercial use.
Content: As between you and us, we own all right, title and interest in and to the Site and the Content, including intellectual property rights under United States and/or foreign laws. Except as otherwise expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit or distribute any Content in whole or in part for any public or commercial purpose without our prior, written permission. Except as otherwise provided herein, use of the Site does not grant you a license to any Content.
Trademarks: Our logos and service names are our proprietary trademarks (the “PIUS Marks”). Without our prior, written permission, you agree not to display or use the PIUS Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any of the PIUS Marks.
Your Content: As between you and us, you are the exclusive owner of the content and information that you provide to us through the Site, including any information you provide through the Site’s “Contact Us” page (collectively, “Your Content”), provided that you grant us (and those we work with, including third-party service providers) a worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, host, store, reproduce, modify and create derivative works of Your Content.
Feedback: We appreciate hearing from you and welcome your comments about the Site and our offerings, including whether you like the Site, what is most useful and suggestions on how to improve the Site (collectively, “Feedback”). You can submit Feedback to us by emailing us at the email address first provided above. Any Feedback you submit shall be Your Content.
You may only use the Site for lawful purposes. You are responsible for your own communications and are responsible for the consequences of submitting information on or through the Site. You agree not to:
- Use the Site to collect, upload, transmit, display or distribute any content or material that we determine, in our sole discretion: (i) violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.
- Transmit any computer viruses or any software intended to damage or alter a computer system or data through the Site;
- Interfere with, disrupt or create an undue burden on our servers or networks;
- Attempt to interfere with the function of the Site, host or network, including without limitation by means of a virus, overloading by means of a DDoS attack, “flooding”, “mailbombing”, “crashing” or sending unsolicited e-mail;
- Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
- Sublicense, resell, rent, lease, transfer or assign any of the Content; or
- Use software or automated agents or scripts to generate automated searches, requests or queries to (or to strip, scrape, or mine data from) the Site.
You shall promptly notify us if you learn of any security breach related to the Site or misuse of the Content.
NO OFFER OR ADVICE
The Site is merely an informative description of us and our offerings. You acknowledge and agree that we are not in any way obligated to offer you our services or other offerings mentioned on the Site, and nothing on the Site constitutes advice from us to you.
THIRD PARTY WEBSITES
The Site may link to or integrate with other websites operated by third parties, and such other websites may link to this website. We have no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content.
The existence of any such link does not constitute an endorsement of such websites, the content of the websites or the operators of the websites. We are providing these links to you only as a convenience. You release and hold us harmless from any and all liability arising from your use of any third party website or service..
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” WE ARE NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE CONTENT, WHICH ARE PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE AND THE CONTENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY AMOUNT IN EXCESS OF $100 OR (II) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT OR YOUR VIOLATION OF THESE TERMS.
We may modify the Site and/or these Terms from time to time without notice to you. If we make material changes to these Terms, we will post the revised Terms on the Site. You should check the Site and these Terms periodically for such modifications. If you use the Site after any changes to these Terms have been posted, you agree to be bound by these Terms as modified.
The Site is operated and controlled by us in the United States. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of the Site or the Content, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by us, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Our rights under these Terms may be waived by us only in writing.
These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed and shall not cause the invalidity or unenforceability of the remainder of these Terms.