TERMS OF USE
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.
After
you complete the registration process, Perfect Pallets will assign you
a password and account designation. 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
