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| Acceptance Of Terms |
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Welcome to the DJ Pro Website ("Website") of
Perscitium, LLC ("Perscitium"). On this Website,
Perscitium makes available to you a wide range of information,
software, products, downloads, documents, communications, files,
text, graphics, publications, content, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this Website in any way, including, without
limitation, browsing the Website, using any information, using
any content, using any services, downloading any materials, and/or
placing an order for products or services, you agree to and are
bound by the terms of use described in this document ("Terms
of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The
Terms of Use are entered into by and between Perscitium and
you. If you are using the Website on behalf of your employer, you
represent that you are authorized to accept these Terms of Use
on your employer's behalf.
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| Intellectual Property Information
And Restrictions |
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This Website and all of the information it contains, or may in
the future contain, such as articles, opinions, other text, directories,
guides, photographs, illustrations, images, video and audio clips
and advertising copy, as well as the trademarks, logos, domain
names, trade names, service marks and any and all copyrightable
material (including source and object code) and/or any other form
of intellectual property (collectively, the "Content")
are the copyrighted property of Perscitium and/or its subsidiaries,
affiliated companies and/or third-party licensors, and are protected
from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws.
You may use the Content online and solely for your personal, non-commercial
use, and you may download or print a single copy of any portion
of the Content for your personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice contained
in or on such Content. No other use is permitted. Your misuse of
the Content on the Website is strictly prohibited. Unless otherwise
expressly authorized in these Terms or on the Website, you may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the
Content. Other than as set forth herein, nothing contained on the
Website should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Content displayed
on the Website in any manner without the prior written consent
of Perscitium and/or its subsidiaries, affiliated companies
and/or third-party licensors that may own the Content displayed
on the Website. In addition, you agree not to decompile, reverse
engineer or disassemble any software or other products or processes
accessible through the Website, not to insert any code or product
or manipulate the Content in any way that affects any users experience.
Unless your use of the Content is otherwise authorized in accordance
with these Terms, you must submit a request for written permission
from Perscitium.
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| Use Of Documents And Publications
On The Website |
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, PERSCITIUM AND/OR ITS
SUBSIDIARIES, AFFILIATED COMPANIES AND/OR THIRD-PARTY LICENSORS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS
PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, PERSCITIUM AND/OR ITS SUBSIDIARIES, AFFILIATED COMPANIES
AND/OR THIRD-PARTY LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PERSCITIUM AND/OR ITS SUBSIDIARIES, AFFILIATED
COMPANIES AND/OR THIRD-PARTY LICENSORS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERSCITIUM
AND/OR ITS SUBSIDIARIES, AFFILIATED COMPANIES AND/OR THIRD-PARTY
LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
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| Notice Specific To Software
Available On The Website |
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Any software that is made available to download from this Website
("Software") is the copyrighted work of Perscitium
and/or its suppliers. Use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies or
is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely for use by
end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
PERSCITIUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PERSCITIUM MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. PERSCITIUM DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES OR IN PERSCITIUM SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from
this Website for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Perscitium,
LLC, P.O. Box 343, Sycamore, IL 60178.
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| Disclaimers And Other Notices
Of The Use Of The Website |
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE,
DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT
WARRANTY OF ANY KIND AND PERSCITIUM HEREBY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, PERSCITIUM
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
IN NO EVENT SHALL PERSCITIUM AND/OR ITS SUBSIDIARIES, AFFILIATED
COMPANIES AND/OR THIRD-PARTY LICENSORS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING
THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS,
PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. PERSCITIUM ASSUMES NO RESPONSIBILITY FOR
AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR
OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS
AND IN ANY OTHER REFERENCE.
PERSCITIUM MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE,
WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE
WEBSITE AT ANY TIME AND WITHOUT NOTICE.
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| Member Accounts, Password And
Security |
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If any of the services on the Website requires you to open an
account, you must complete the registration process by providing
us with true, current, complete and accurate information as prompted
by the applicable registration form, and you will maintain and
promptly update such information to keep it true, current, complete
and accurate. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur
under your account. You agree to notify Perscitium immediately
of any unauthorized use of your account or any other breach of
security. Perscitium will not be liable for any loss that you
may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held
liable for losses incurred by Perscitium or another party due
to someone else using your account or password. You may not use
anyone else's account at any time, without the permission of the
account holder. You acknowledge and agree that certain services
may provide password-restricted access to customer information
such as names and certain terms of your contracts. By using this
Website and registering for such services, you consent to Perscitium's display of such information via the services and accept
all risks of unauthorized access to such information. If you provide
any information that is false, inaccurate, out of date, or incomplete,
or Perscitium has reasonable grounds to suspect that such information
is false, inaccurate, not current, or incomplete, Perscitium
may suspend or terminate your account and refuse any and all current
or future use of the services or any portion thereof. You are responsible
for all costs and charges, including without limitation, phone
charges and telecommunications equipment, that you incur in order
to use the services.
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| Registration |
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Certain areas and/or services offered via the Website may require
registration or may otherwise ask you to provide information to
participate in certain features or access certain content. The
decision to provide this information is purely optional; however,
if you elect not to provide such information, you may not be able
to access certain content or features or participate in various
areas and/or services offered via the Wesite. You may also provide
information to the Wesite in other contexts, including, for example,
in order to enter a sweepstakes, contest or promotion. Please note
that sweepstakes, contests or promotions offered via the Wesite
may be governed by a separate set of rules that, in addition to
describing such sweepstakes, contest or promotion, may have eligibility
requirements, such as certain ages or geographic areas. It is your
responsibility to read such rules to determine whether or not your
participation, registration and/or entry is valid. When you register
or become a member of the Website or provide information to the
Wesite in any other manner, you agree to provide only true, accurate,
current and complete information on all registration pages.
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| Use Of Services |
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The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not:
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
- Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services specifically
allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such
manner.
- Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the
Services or other user or usage information or any portion thereof.
Perscitium has no obligation to monitor the Communication Services.
However, Perscitium reserves the right to review materials posted
to the Communication Services and to remove any materials in its
sole discretion. Perscitium reserves the right to terminate
your access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever.
Perscitium reserves the right at all times to disclose any
information as Perscitium deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in Perscitium's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Perscitium does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, Perscitium specifically disclaims any liability with
regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers
and hosts are not authorized Perscitium spokespersons, and their
views do not necessarily reflect those of Perscitium.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download
the materials.
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| No Unlawful Or Prohibited Use |
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As a condition of your use of the Website, you will not use the
Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
Perscitium server, or the network(s) connected to any Perscitium server, or interfere with any other party's use and enjoyment
of the Website. You may not attempt to gain unauthorized access
to services, materials, other accounts, computer systems or networks
connected to any Perscitium server or to the Website, through
hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means
not intentionally made available through the Website.
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| Unsolicited Idea Submission
Policy |
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PERSCITIUM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN PERSCITIUM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO PERSCITIUM. SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO PERSCITIUM OR ANYONE AT PERSCITIUM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PERSCITIUM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL
BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
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| Indemnity |
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You agree to indemnify, defend and hold Perscitium, and its
subsidiaries, affiliates, officers, agents, co-branders, partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third-party due to or arising out
of your Submissons, your use of the Website, including any use
by your employees, your connection to the Website, your violation
of the Terms of Use, or your violation of any rights of another.
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| Trademark Information |
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DJ Pro, DJ Pro, Perscitium,
and/or other trademarks referenced herein are either registered
trademarks or trademarks of Perscitium in the U.S. and/or other
countries. The names of actual companies and products mentioned
herein and/or third-party trademarks, trade names and logos contained
herein may be the trademarks of their respective owners. The example
companies, organizations, products, domain names, e-mail addresses,
logos, people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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| Notices And Procedure For Making
Claims Of Copyright Infringement |
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Our policy is to comply with all intellectual property laws and
to act expeditiously upon receiving any notice of claimed infringement.
If you believe that your work has been reproduced on this Website
in a manner that constitutes copyright infringement, please provide
a notice of copyright infringement containing all of the following
information:
(i) A physical or electronic signature of a person authorized
to act on behalf of the copyright owner for the purposes of the
complaint.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material on our Website that is claimed to
be infringing or to be the subject of infringing activity.
(iv) The address, telephone number or e-mail address of the complaining
party.
(v) A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent or the law.
(vi) A statement, under penalty of perjury, that the information in the
notice of copyright infringement is accurate, and that the complaining
party is authorized to act on behalf of the owner of the right that is
allegedly infringed.
All notices of copyright infringement should be sent to:
Perscitium
P.O. Box 343
Sycamore, IL 60178
Attention: Intellectual Property Manager
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| General Information |
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Perscitium reserves the right, at Perscitium's sole discretion,
to change, modify, update, add, or remove portions of the Terms
of Use at any time without notice to you. Your continued use of
this Website following the posting of changes to the Terms of Use
will mean you accept those changes. The Terms of Use constitute
the entire agreement between you and Perscitium and govern your
use of the Website, superseding any prior agreements between you
and Perscitium on the subject matter (including, but not limited
to, any prior versions of the Terms of Use). Not withstanding the
prior provision, to the extent, and only to the extent, that any
terms set forth in this Terms of Use expressly contradicts any
terms of a prior written agreement between you and Perscitium
in effect as of the date of your use of the Website and specifically
regarding your use of the Website ("Executed Agreement"),
such contradictory terms set forth in the Executed Agreement shall
govern. You also may be subject to additional terms and conditions
that may apply when you use other Perscitium services, third-party
content or third-party software. You must not assign or otherwise
transfer the Terms of Use nor any right granted hereunder.
Illinois law and controlling U.S. federal law govern any action
related to the Terms of Use, without regard to the principles of
choice of law. The parties specifically disclaim the U.N. Convention
on Contracts for the International Sale of Goods.
Perscitium controls and operates this Website from from its
headquarters in Sycamore, Illinois, United States of America and
makes no representation that this Website is appropriate or available
for use in other locations. If you use this Website from other
locations, you are responsible for compliance with applicable local
laws including but not limited to the export and import regulations
of other countries.
You acknowledge and agree that material on this Website is subject
to the U.S. Export Administration Laws and Regulations. Diversion
of such material contrary to U.S. law is prohibited. You agree
that none of the material on this Website, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear activities,
chemical biological weapons, or missile projects unless authorized
by the U.S. Government. Proscribed countries are set forth in the
U.S. Export Administration Regulations. Countries subject to U.S.
embargo are: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea,
Syria, Serbia and Sudan. This list is subject to change without
further notice from Perscitium, and you must comply with the
list as it exists in fact. You certify that you are not on the
U.S. Department of Commerce's Denied Persons List or affiliated
lists or on the U.S. Department of Treasury's Specially Designated
Nationals List. You agree to comply strictly with all U.S. export
laws and assume sole responsibility for obtaining licenses to export
or re-export as may be required.
The failure of Perscitium to exercise or enforce any right
or provision of the Terms of Use does not constitute a waiver of
such right or provision. If a court of competent jurisdiction finds
any provision of the Terms of Use 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 Terms of Use remain in full force and effect. Regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website or the Terms of
Use must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the
Terms of Use are for convenience only and have no legal or contractual
effect. These terms will be governed by and construed in accordance
with the laws of the State of Illinois, United States of America
without regard to its conflicts of law provisions. Any legal action
arising from your use of this Website shall take place in a court
nearest to the headquarters of Perscitium. By your use of this
Website you consent to the personal jurisdiction of such courts.
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| Use of this website signifies your agreement to the Terms of Use. |
| All pricing is in U.S. Dollars and is subject to change without notice. |
| Copyright © 1999-2013 Perscitium, LLC. All rights reserved. |
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