TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we’ve accomplished that — and
would ask that you let us know if you’d like to see improvements or changes
that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you automatically
agree to them. Naturally, if you don’t agree, please do not use the site.
We reserve the right to make any modifications that we deem necessary at any
time. Please continue to check these terms to see what those changes may be!
Your continued use of the PKScribe.com Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the PKScribe.com site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and music are copyrighted intellectual
property. All usage rights are owned and controlled by PKScribe.com. You, the
visitor, may download Online Materials for non-commercial, personal use only
provided you 1) retain all copyright, trademark and propriety notices, 2) you
make no modifications to the materials, 3) you do not use the materials in a
manner that suggests an association with any of our products, services, events
or brands, and 4) you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload, post, transmit or distribute Online
Materials in any way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content on the
PKScribe.com site. Any attempts to modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated
in or generated by the software, and all data accompanying it, is considered
licensed to you by PKScribe.com or third-party licensors for your personal, non-commercial
home use only. We do not transfer title of the software to you. That means that
we retain full and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information that
you send to PKScribe.com through our site (other than information we promise
to protect under our privacy policy becomes and remains our property, even if
this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or anything
like them, we don’t have to pay you or anyone else for them. We will have
the exclusive ownership of all present and future rights to submissions of any
kind. We can use them for any purpose we deem appropriate to our PKScribe.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means
that you (and not we) have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
PKScribe.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS
AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH
WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES,
AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT,
OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from
our site. Such a link should not be seen as an endorsement, approval or agreement
with any information or resources offered at sites you can access through our
site. If in doubt, always check the Uniform Resource Locator (URL) address provided
in your WWW browser to see if you are still in a PKScribe.com-operated site or
have moved to another site. PKScribe.com is not responsible for the content or
practices of third party sites that may be linked to our site. When PKScribe.com
provides links or references to other Web sites, no inference or assumption should
be made and no representation should be inferred that PKScribe.com is connected
with, operates or controls these Web sites. Any approved link must not represent
in any way, either explicitly or by implication, that you have received the endorsement,
sponsorship or support of any PKScribe.com site or endorsement, sponsorship or
support of PKScribe.com, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying
all materials obtained from all PKScribe.com
Web site, along with all related documentation and all copies and installations.
PKScribe.com may terminate this agreement at any time and without notice to
you, if, in its sole judgment, you breach any term or condition
of this agreement.
Upon termination, you must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise that
the materials will remain
available to you. And PKScribe.com is entitled to terminate all or any part
of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance
with the laws of the Maryland, as it is applied to agreements entered into
and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate PKScribe.com
and/or its affiliates' intellectual property rights, PKScribe.com and/or its
affiliates may seek injunctive or other appropriate relief in any state or
federal court in the State of Maryland, and you consent to exclusive jurisdiction
and
venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location:
St.
Mary's County, Maryland. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the following
location: St. Mary's County, Maryland, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
PKScribe.com may modify these Terms
of Use, and the agreement they create, at any time, simply by updating this
posting and without notice to you. This is
the ENTIRE agreement regarding all the matters that have been discussed.
Contact information
Phone: 240-253-5001 or 1-800-794-1609
Fax: 240-556-0638
E-mail:
info@pkscribe.com
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