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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEB SITE, YOU
AGREE TO THESE TERMS OF SERVICE.
Welcome to PaInterlock.com (the "Site"), a service provided by Pennsylvania
Interlock. These Terms of Service may be changed in the future without
further notice. Your continued use of the Site after any such changes
constitutes your acceptance of the new Terms of Service. Further, these
Terms of Service apply exclusively to your access to, and use of, the Site
and are in addition to the terms or conditions of any other agreement you
may have with Pennsylvania Interlock for products, services or otherwise.
Privacy Policy
Painterlock.com believes in protecting user privacy. Users of the Site
should refer to our Privacy Policy for information about how Painterlock.com uses and
collects information.
Copyright
All Site materials, including, without limitation, the Painterlock.com logo,
design, text, graphics, other files, and the selection and arrangement
thereof are Copyright © 2000-2005 Painterlock.com and/or its suppliers ALL
RIGHTS RESERVED. Except as stated herein, none of the material on the Site
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording or otherwise,
without the prior written permission of Painterlock.com or the respective
copyright owner. Permission is granted to display and use the materials on
the Site for personal, noncommercial and informational use only, provided
that you may not, without the permission of PAinterlock.com or the
respective copyright owner, (a) copy, publish, duplicate, or distribute any
materials, (b) modify the materials or (c) remove or alter any copyright or
other proprietary notices contained in the materials.
Trademark
PAinterlock.com, the PAinterlock.com logo and the product and service names
contained in the Site are either trademarks or registered trademarks of
PAinterlock.com and its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission
of PAinterlock.com. In addition, all page headers, custom graphics, button
icons and scripts are service marks, trademarks and/or trade dress of
PAinterlock.com, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of PAinterlock.com. All other
trademarks, registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners.
Site Access
PAinterlock.com allows you to make personal use only of the Site. Such use
does not include, without limitation: (a) any resale or commercial use of
the Site or content therein; (b) making derivative uses of the Site or its
contents; or (c) use of any data mining, robots or similar data gathering
and extraction methods. You are not conveyed any right or license by
implication, estoppel or otherwise in or under any patent, trademark,
copyright or proprietary right of PAinterlock.com or any third party.
You may not use framing techniques to enclose any PAinterlock.com trademark,
logo or other proprietary information (including the images found at the
Site, the content of the Site, or the layout/design of any page or form
contained on a page) without PAinterlock.com's express written consent.
Further, you may not use any meta tags or any other "hidden text" utilizing
a PAinterlock.com name, trademark or product name without PAinterlock.com's
express written consent.
Linking
You may create a hyperlink to the Site provided such link and the content
associated with the link do not portray PAinterlock.com or any of its
products and services in a false, misleading, derogatory or otherwise
defamatory manner. You may not use a PAinterlock.com logo or other
proprietary graphic or trademark of PAinterlock.com to link to the Site
without the express written permission of PAinterlock.com. This permission
may be revoked at any time.
PAinterlock.com makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of sites
accessible by hyperlink from the Site, or sites linking to the Site. These
linked sites are not under the control of PAinterlock.com and
PAinterlock.com is not responsible for the content of any linked site or any
link contained in a linked site, or any review, changes or updates to such
sites. PAinterlock.com is providing these links to you only as a
convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by PAinterlock.com of the site or any information
contained therein. When leaving the PAinterlock.com site, you should be
aware that PAinterlock.com's terms and policies no longer govern, and
therefore you should review the applicable terms and policies, including
privacy and data-gathering practices, of that site.
Use of the Site
In using the Site, you agree:
1.
Not to disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked Web
sites
2.
Not to disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked Web sites
3.
Not to attempt to obtain unauthorized access to the Site or portions
of the Site that are restricted from general access
In addition, you agree that you will comply with all applicable local,
state, national and international laws and regulations that relate to your
use of or activities on the Site. Furthermore, PAinterlock.com is not
responsible for the delivery or quality of any goods or services sold or
advertised by third parties through or on the Site.
Intellectual
Property Complaint Procedure
If you believe that an item of content infringes your intellectual property
in a material way, please notify PAinterlock.com's Copyright Agent and
provide the following information for each allegedly infringing item of
content:
1.
A physical or electronic signature of the person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed.
2.
For copyright complaints, an identification of the copyrighted work
claimed to have been infringed. For trademark complaints, proof of
registration of the underlying mark, including registration number. For
patent or other proprietary right complaints, a list of allegedly infringed
materials.
3.
An identification of the specific item of content that you claim is
infringing so that we may locate it on the site.
4.
Your address, telephone number and email address.
5.
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright or other proprietary right
owner, its agent, or the law.
6.
A statement by you that the above information in your notice is
accurate, made under penalty of perjury, and that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
PAinterlock.com's Copyright Agent can be reached by mail at:
PAinterlock
Legal Department
7301 West Blvd #C-3
Boardman OH 44512
In cases where PAinterlock.com owns the relevant item of content,
PAinterlock.com will reply to complaints. In cases where PAinterlock.com has
received the item of content from a third party content provider,
PAinterlock.com will pass complaints along to that third party content
provider for evaluation and response.
Indemnification
You agree to indemnify and hold harmless PAinterlock.com from any claim,
action, demand, loss or damages (including attorneys' fees) made or incurred
by any third party arising out of or relating to your conduct, your use of
the Site or the services offered thereon, your violation of these Terms of
Service, or your violation of any rights of a third party.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of email or
other submission to PAinterlock.com are nonconfidential and shall become the
sole property of PAinterlock.com. PAinterlock.com shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use of these materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. The submission of
any materials to PAinterlock.com irrevocably waives any and all "moral
rights" in such materials, including the rights of paternity and integrity.
Disclaimer of
Warranties
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, , ITS
AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY OR ITS SUPPLIERS, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS,
LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY
SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS
AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR
SOFTWARE.
YOU ACKNOWLEDGE THAT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE. EXCEPT
AS OTHERWISE AGREED IN WRITING, AND ITS AFFILIATES ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.
AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR
INFORMATION PROVIDED BY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE. NOR DO OR ITS SUPPLIERS MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR ITS CONTENT OR AS TO
THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THE SITE.
AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A
USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS,
SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF , ITS AFFILIATES, ITS LICENSORS OR
A USER'S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on
Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL OR
ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING
FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY
CONTENT PROVIDED BY OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION
THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST
PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
Applicable Law
These Terms of Service shall be governed by and construed in accordance with
the laws of the State of Ohio, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or
relating to these Terms of Service shall be filed only in the County Court
of Mahoning County, Ohio and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any
suit, action or proceeding arising out of these Terms of Service.
Termination
Notwithstanding any of these Terms of Service, PAinterlock.com reserves the
right, without notice and in its sole discretion, to terminate your
permission to use the Site, for any or no reason, and to block or prevent
future access to and use of the Site. PAinterlock.com may, in its sole
discretion, discontinue or alter any or all aspects of the Site or the
services offered thereon at any time without notice.
Miscellaneous
If any provision of these Terms of Service shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from these Terms of Service and shall not affect the validity and
enforceability of any remaining provisions. These Terms of Service
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect to such
subject matter. No waiver of any provision or any right granted hereunder
will be effective unless set forth in a written instrument signed by the
waiving party. No waiver by either party of any breach or default hereunder
shall be deemed a waiver of any subsequent breach or default.
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