Terms of Use
1. AGREEMENT TO CONTRACT ELECTRONICALLY:
You agree to contract electronically with The Peck-Waylett Group Inc.. You agree that this electronic Terms of Service agreement, combined with your act of using the services offered on this Web site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, Includingany applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
2. PRIVACY
We respect your privacy. We encourage you to print and review this policy to assist you in making an informed decision regarding the type of information you would like to submit to us. The Peck-Waylett Group Inc. cannot and does not assume any responsibility or liability for any information you submit or for your or third parties’ use or misuse of information transmitted or received using this Web site.
3. MODIFICATIONS
We may discontinue, add to, modify, upgrade or replace all aspects of the Web site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Web site.
4. MONITORING
The Peck-Waylett Group Inc. has no obligation to monitor the services offered in this Web site or any use thereof or to retain the content of any User session.
5. DISCLAIMERS
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO THE AVAILABILITY OF THE PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATIONS OR ENDORSEMENTS OF ANY PRODUCTS OR SERVICES ON THE WEB SITE.
IN NO EVENT IS THE PECK-WAYLETT GROUP INC.. LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY’S ACTS OR OMISSIONS. THE PECK-WAYLETT GROUP INC.. IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE WEB SITE OR ASSOCIATED SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PECK-WAYLETT GROUP INC.. BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; AND (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES. THE ABOVE LIMITATION DOES NOT APPLY TO YOU IF YOU ARE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
7. USE OF CONTENT
You acknowledge that The Peck-Waylett Group Inc. Web site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other content that are protected by copyrights, trademarks, or other proprietary rights (the “Content”), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Peck-Waylett Group Inc. owns or has a valid license to use Content on the Web site. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
If you believe that any of the Content of this Web Site infringes a copyright, trademark, patent or other right of another party, please direct an e-mail to our Customer Service Department (cathy@peckwaylett.com).
8. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted The Peck-Waylett Group Inc. a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Peck-Waylett Group Inc. may sublicense its rights through multiple tiers of sublicenses.
9. LINKS TO OTHER WEB SITES
The site may contain links to web sites operated by other parties. We do not, either expressly or by implication, endorse the Content on such web sites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such web sites nor do we review the content on those web sites; therefore, we are not responsible or liable for any content, advertising, products or other materials on or available from such web sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
10. GENERAL LEGAL PROVISIONS
International Laws: The Peck-Waylett Group Inc. is based in Paso Robles, CA in the United States of America. The Peck-Waylett Group Inc. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access The Peck-Waylett Group Inc.. Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with The Peck-Waylett Group Inc.., or in any way relating to your use of The Peck-Waylett Group Inc.. Web site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving The Peck-Waylett Group Inc.. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Entire Agreement: Except as expressly provided in a particular “legal notice” on The Peck-Waylett Group Inc. Web site, these Terms of Service constitute the entire agreement between you and The Peck-Waylett Group Inc. with respect to the use of The Peck-Waylett Group Inc. Web site and Content. Your use of The Peck-Waylett Group Inc. Web site is also subject to The Peck-Waylett Group Inc. Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Termination: The Peck-Waylett Group Inc. may terminate these Terms of Service without cause at any time and effective immediately. In addition, The Peck-Waylett Group Inc., in its sole discretion may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of your account and/or the Web site. In the event of any termination of these Terms of Service, the restrictions on your use of the Content (as set forth in Paragraph 8 (“User Submissions”) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold The Peck-Waylett Group Inc., its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
Non-waiver: Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect. No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
Thank you for your cooperation. We hope you find The Peck-Waylett Group Inc. Web site helpful and convenient to use! Questions or comments regarding this Web site should be directed by e-mail to cathy@peckwaylett.com.
