By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms and Conditions and Privacy Policy. Please note that Pterra reserves the right to change the Terms and Conditions and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
1. Disclaimer Materials on this Site have been prepared by Pterra for general informational purposes only. These materials may be considered advertising in your state. You should not act, or refrain from acting, based upon any information at this web site.
2. Grant of License. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to Pterra that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the foregoing license, please contact info@pterra.us. Any rights not expressly granted herein are reserved.
3. Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Pterra does not grant any express or implied right(s) to Users of this Site. The contents of this Site are © 2004 Pterra LLC. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Pterra also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site's content.
The trademark Pterra®; and all other names, logos, and icons identifying Pterra and/or Pterra' products and services are proprietary marks of Pterra. Other product and company names mentioned herein may be the trademarks of their respective owners.
4. Copyright and Intellectual Property Agent for Notice. The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Pterra's Copyright and Intellectual Property Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
5. Privacy Policy. Pterra shares your concerns about maintaining the privacy of personal information collected on the Internet. The following privacy policy discloses the information gathering and dissemination practices of Pterra in connection with the Site. Use of this Site constitutes consent to Pterra’ collection and use of personal data as outlined therein.
(a) Collection of Personal Information from Site Users; Cookies. Pterra may collect and/or track (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users to the Site, (2) the e-mail addresses of users that communicate with Pterra or the Site via e-mail, (3) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information on which pages users access.
Pterra may place Internet “cookies” on users’ hard drives. Internet cookies save data about individual users, such as the user’s name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, Pterra may recognize the visitor by the Internet cookie and customize the user’s experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. However, declining to use cookies may impede the ability of the Site to function properly.
When a user performs a search within the Site, Pterra may record information identifying the user or linking the user to the search performed. Pterra may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.
(b) Use of Personal Data Collected. Pterra may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. Pterra will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to Pterra, except to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas), or to protect the rights or property of Pterra. Pterra will cooperate with law enforcement authorities.
(c) Security Measures. Pterra may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that Pterra cannot guarantee the confidentiality of any communication or material transmitted to/from Pterra via the Site or e-mail. Accordingly, Pterra is not responsible for the security of information transmitted via the Internet. For more private communication, users can contact Pterra by telephone at the main office and direct line telephone numbers provided on the Site.
(d) Opt-Out Right. Users may at any time opt out of having their personal information used by Pterra to send promotional correspondence to the user, by contacting Pterra via telephone or email at info@pterra.us.
(e) Access to and Ability to Correct Personal Data. Upon request via e-mail, or telephone, Pterra will provide to users a summary of any personally identifiable information retained by Pterra regarding the user. Users may modify, correct, change or update personally identifiable information that Pterra has collected by the Site or may cause their personal record to be removed from Pterra’ database by contacting Pterra via postal mail, e-mail, or the telephone number indicated in paragraph 4 above.
(f) Collection of Personal Data from Children. Pterra does not knowingly solicit information from children and we do not knowingly market the Site or its services to children. No one under the age of 13 should submit any personal information to Pterra and/or the Site.
(g) Pterra’ Right to Contact Visitor/Subscriber. Pterra reserves the right to contact users of the Site regarding changes to the Terms and Conditions generally, this Privacy Policy specifically, or any other policies or agreements relevant to web site users.
6. Links to Other Sites. Pterra may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by Pterra and are maintained by third parties over which Pterra exercises no control. Accordingly, Pterra expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
7. DISCLAIMERS. WHILE Pterra ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, Pterra MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. Pterra MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL Pterra BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Pterra HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
8. Governing Law. This Agreement will be governed by the laws of the State of New York without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the State of New York.
