TERMS OF USE AGREEMENT
This Agreement was last revised on May 25th, 2007.
This Terms of Use Agreement (the "Agreement") between Perfect Pallets, Inc. ("Perfect Pallets") and you, the user, governs your use of the www.perfectpalletspostpress.com website, including but not limited to the discussion forum and the Mailroom Matters database (the "Website"). Before you create an account or continue to use your existing account, you must read and agree to the terms and conditions of this Agreement. By selecting the "Accept" button at the bottom of this page, you acknowledge that you have read, understood and intend to be bound by all of the terms, conditions and notices contained herein just as if you had signed this Agreement. If you do not agree to these Terms of Use, you must select "DECLINE" at the bottom of this page and not utilize the Website.
Perfect Pallets reserves the right to change the terms and conditions of this Agreement, or any part thereof, or to impose new conditions from time to time at its sole discretion. Such changes will be effective ten (10) days after it is initially posted on this site, as indicated by the above listed date. Your use of the Website after such change constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein. If any change is unacceptable to you, you may cancel your account in order to terminate your obligation to meet this Agreement. The Agreement may not otherwise be amended except in writing signed by you and by a representative of Perfect Pallets. This Agreement applies to all visits to the Website, both now and in the future.
1. Nature of the Website.
The Website is an online, interactive forum where users may find and freely exchange industry information between newspaper peers entrenched in post press operations. Although Perfect Pallets hopes you will find the information available on the Website to be comprehensive, timely, and useful, Perfect Pallets does not guarantee that the information is accurate or complete on every topic, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your particular questions or interests. As part of Mailroom Matters, Perfect Pallets will allocate and maintain a limited amount of space (accessible internally and externally) on its servers for the purposes of you creating and maintaining a portfolio, for as long as you are a user.
2. Information Provided by You.
In consideration of your membership, you agree: (a) to voluntarily provide true, accurate, current, and complete information about yourself and/or company ("Information") through the Website in the creation and maintenance of your account and any portfolios created through the Website; and (b) to maintain and update this Information to keep it true, accurate, current, and complete. Perfect Pallets reserves the right to approve any user before the user may use the Website or ay features thereof. If any information provided by you is untrue, inaccurate, not current, or incomplete, Perfect Pallets has the right to terminate your membership and refuse to provide you with use of any services through the Website. You freely give Perfect Pallets permission to verify any and all information given by you now or any time in the future. You agree that Perfect Pallets' use and disclosure of your Information in accordance with the terms of this Agreement does not infringe your right of privacy, publicity or any other right. You understand that Perfect Pallets assumes no liability for the accuracy of Information provided by other users of the Website.
3. Account, Password and Security.
You are solely responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password and account. You will immediately notify Perfect Pallets of any unauthorized use of your account and ensure that you exit from your account at the end of each session. You will remain liable for any use of the Website under your user name unless and until you notify Perfect Pallets of the unauthorized use of your username and password. Perfect Pallets may suspend your membership without notice to you in the event that you do not use the Website for an extended period of time.
Membership is available only to individuals over the age of eighteen. By applying for or continuing your membership you represent that you are not under the age of eighteen. In addition, as a user you agree to be responsible for (i) prohibiting use and/or access to the Website by those under the age of eighteen; and (ii) limiting access to your computer or the Internet to the extent necessary to restrict use of the Website to those over the age of eighteen.
4. Discussion Forums.
You may participate in online, interactive "Discussion Forums" through the Website with other users. A Discussion Forum provides an opportunity for you to discuss issues of common interest with other users. While Perfect Pallets may moderate a Discussion Forum, it cannot control the comments of any participant in a Discussion Forum, and is not responsible for comments posted during a Discussion Forum. Comments posted by and conduct of other Discussion Forum participants are not subject to control by Perfect Pallets and represent only the views of the individual participant. Perfect Pallets shall have the right, but not the obligation, to review, modify, block, or delete any postings, messages, or information accessible in any Discussion Forum which Perfect Pallets, in its sole discretion, considers to be potentially defamatory, obscene, harassing, abusive, threatening, or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Discussion Forum.
5. Third Party Information; Links to Other Sites.
The Website may contain windows or hyperlinks which provide access to other websites not affiliated with the Website or with Perfect Pallets (the "External Websites"), or to informational content provided by the External Websites. Your use of such External Websites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External Website. Perfect Pallets is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External Websites, even if a page or pages of the External Website is framed with a page of this Website. You acknowledge, understand, and agree that Perfect Pallets 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 your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External Website.
Vendors of certain products and services may contract with Perfect Pallets to advertise their products and services on the Website. Perfect Pallets does not endorse nor make any representations or warranties concerning any vendor products or services advertised on this Website. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this Website, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
6. Conduct.
You are solely responsible for the content that you post, transmit or otherwise make available through the Website. Perfect Pallets does not control, guarantee the accuracy, integrity or quality of the content posted by you or any other user. Perfect Pallets shall not be liable in any way for any content posted, transmitted or otherwise made available by you on or through the Website. Accordingly, you shall not use the Website to upload, post, email, transmit or otherwise make available any content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under a contractual or fiduciary relationship; (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party; (d) determined to be disparaging to Perfect Pallets; (e) relays pricing information in a way that would violate any anti-trust law; or (f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Monitoring and Disclosure.
Perfect Pallets and its designees shall have the right in their sole discretion to refuse, delete, or move any content that you make available through the Website. Perfect Pallets does not claim ownership of the content provided by you. However, with respect to content you submit or make available for inclusion on publicly accessible areas, you grant Perfect Pallets a royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content solely for the purposes of promoting Perfect Pallets.
8. Failure to Comply With Terms and Conditions; Termination.
This Agreement is effective until terminated by either you or Perfect Pallets. You acknowledge and agree that Perfect Pallets may terminate this Agreement or suspend or deny you access to all or part of the Website without prior notice, if you engage in any conduct or activities that Perfect Pallets in its sole discretion believes violate any of the terms and conditions set forth herein, violate the rights of Perfect Pallets or any other user, violates the law, or are otherwise inappropriate. Either party may terminate this Agreement at any time for any reason by delivering notice to the other party. Termination will be effective the day notice is received or at a later date if such is specified in the notice. Sections 10-15 shall survive termination of this Agreement.
9. Limitations.
You may view, print, and download portions of the content and/or information of the Website solely in connection with your use of the Website, and solely for your own use or records. Perfect Pallets reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in this Agreement or as consented to in writing by Perfect Pallets, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Website source code. If you make use of the Website other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to Perfect Pallets or its licensor.
10. Release.
Perfect Pallets has not responsibility for and you hereby release, discharge and hold Perfect Pallets and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims that may be brought against them and/or liability that may be incurred by them arising out of the content you provide Perfect Pallets through the Website, including, but not limited to, any claim or liability for libel, invasion of your privacy, violation of your rights of publicity, violation of any laws, or violation of any other of your rights or the rights of third parties.
11. Warranty Disclaimers.
You understand and expressly agree that use of the Website is at your sole risk. Perfect Pallets does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, error free, or virus free, or that the Website will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Website, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Website.
Perfect Pallets does not guarantee and makes no representations or warranties concerning its ability to prevent unauthorized access of or tampering with the Website or information accessible through the Website. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, PERFECT PALLETS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF PERFECT PALLETS' RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
12. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERFECT PALLETS SHALL NOT BE LIABLE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE, THE INABILITY TO USE OR THE INABILITY TO GAIN ACCES TO THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE WEBSITE;OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR THIS AGREEMENT, EVEN IF PERFECT PALLETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. CANCELLATION OF YOUR MEMBERSHIP AND/OR CESSATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH PERFECT PALLETS.
13. Indemnity.
You agree to defend, indemnify, and hold harmless Perfect Pallets, and its subsidiaries, affiliates, officers, assigns, agents and employees, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the Website by you or by anyone using your username and password, or in connection with a violation or breach of this Agreement by you or by anyone using your username and password, including without limitation, (i) claims based on defamation or other conduct by you in using the Website, (ii) your violation of any intellectual property laws including without limitation those relating to patents, copyrights, trademarks or trade secrets; or (iii) your violation of any other law, including without limitation any anti-trust law.
14. General.
The Website is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Perfect Pallets. You acknowledge that no verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and Perfect Pallets shall be governed by the laws of the State of Indiana without regard to any conflict of law provisions of any State. In the event of any dispute arising under this Agreement, You and Perfect Pallets agree to submit to the personal and exclusive jurisdiction and exclusive venue of and agree to exclusively maintain any dispute within the courts located within Marion County, Indiana, and waive any future right to object to such exclusive jurisdiction and exclusive venue. The failure of Perfect Pallets to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. Perfect Pallets shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement represents the entire understanding between you and Perfect Pallets and your use of the Website. This Agreement supersedes all previous written or oral agreements between you and Perfect Pallets with respect to such subject matter. Notwithstanding any provisions of this Agreement, Perfect Pallets has available all remedies at law or equity to enforce this Agreement.
15. Notices; Canceling Your Membership.
Where required, Perfect Pallets may give notice to you by a general posting on the Website, by electronic mail, or by conventional mail to your provided address contained in the Information. You may give notice to Perfect Pallets by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the Website, or your dealings with Perfect Pallets, or if you wish to cancel your membership, please e-mail or write to:
Perfect Pallets Inc.
450 W 16th Street Pl
Indianapolis, IN 46202, USA
Attn: Customer Services
Email: service@perfectpallets.com
By hitting the below "ACCEPT" button, I confirm that I have read the Terms of Use Agreement and am fully familiar with the contents thereof and that I agree to this Terms of Use Agreement and will abide by the Terms of Use while I use the Service.