Disclaimer
Welcome to our site. Please read these terms
carefully before using this web site. Your use of this
web site constitutes your acceptance of these terms.
Scope
This statement applies to the Parker Meridian Inc. and
the www.pmincorp.com website.
This Web site (this "Site") is provided by
Parker Meridian Inc. (PM). These terms may be changed
from time to time at PM's discretion. Your continued
use of this Site after any such changes constitutes
your acceptance of the new terms. If you do not agree
to abide by these or any future terms, please do not
use this Site or download materials from it.
Legal Notices
This Web site is provided by Parker Meridian Inc. (PM)
and may be used for informational purposes only. By
using the site or downloading materials from the site,
you agree to abide by the terms and conditions set forth
in this notice. If you do not agree to abide by these
terms and conditions do not use the site or download
materials from the site.
Limited License
Subject to the terms and conditions set forth in this
Agreement, PM grants you a non-exclusive, non-transferable,
limited right to access, use and display this site and
the materials thereon. You agree not to interrupt or
attempt to interrupt the operation of the site in any
way.
PM authorizes you to view and download the information
("Materials") at this Web site ("Site")
only for your personal, non-commercial use. This authorization
is not a transfer of title in the Materials and copies
of the Materials and is subject to the following restrictions:
1) you must retain, on all copies of the Materials downloaded,
all copyright and other proprietary notices contained
in the Materials; 2) you may not modify the Materials
in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or
commercial purpose; and 3) you must not transfer the
Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising
under these terms and conditions of use. You agree to
abide by all additional restrictions displayed on the
Site as it may be updated from time to time. This Site,
including all Materials, is copyrighted and protected
by worldwide copyright laws. You agree to comply with
all copyright laws worldwide in your use of this Site
and to prevent any unauthorized copying of the Materials.
Except as expressly provided herein, PM does not grant
any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
General User Conduct
In using this Site, you agree: Not to disrupt or interfere
with the security or otherwise abuse of this Site, or
any services, system resources, accounts, servers or
networks connected to or accessible through this site
or any linked Sites. Not to disrupt or interfere with
any user's use of this Site. Not to transmit Site Spam,
chain letters, junk mail, or any other type of unsolicited
mass e-mail to people or entities. Not to divulge your
username or password to others either on of off this
Site. This includes unauthorized access to this Site,
which are restricted from general access. Not to upload,
post, download, or otherwise transmit through or on
this Site any viruses or other harmful, disruptive or
destructive files, alter change, or alter content.
Disclaimers
This Site and the content are provided on an "AS
IS" and "AS AVAILABLE" basis. You expressly
agree that your use of this site contents is at your
sole risk. See Limitation of Liability below.
The materials may contain inaccuracies and typographical
errors. PM does not warrant the accuracy or completeness
of the materials, services performed, or reliability
of any advice, opinion, statement or other information
displayed or distributed through the Site. You acknowledge
any reliance on any such opinion, advice, statement,
memorandum, or information shall be at your sole risk.
PM reserves the right, in its sole discretion, to correct
any errors or omissions in any portion of the Site,
the materials and the products, programs, services or
prices described in the site at any time without notice.
Online Coummunication on and Through This Site
You agree that any communications you transmit to PM
or anyone else through this Site or copyrighted works
you post on this Site, including, but not limited to,
questions, comments, suggestions, ideas, plans, notes,
drawings, configurations, specifications, purchase orders,
quotes or requests for quotes, performance data, account
information, or other material, data or information
(collectively, "Information"), are non-confidential
and upon transmission of such Information to PM via
e-mail or other means you grant to PM an irrevocable,
non-exclusive, royalty-free, sublicense, world wide
license (including, but not limited to, a copyright
license) to use such Information in any media for any
purpose in accordance with PM’s Privacy Policy.
Content, Product and Service Information
All Content, including, but not limited to, data, quote
and order information, and product or service listings,
is believed to be accurate. However, you should independently
evaluate the accuracy of the Content and the usefulness
for your particular needs of any Content, product or
service available through this Site. Products and services
are subject to change without notice. PM does not guarantee
that products or services listed online will be available
at the time of your order. All Content is subject to
the disclaimers below.
Third Party Content
This Site may contain material, data or information
provided, posted or offered by third parties through
framing and other technology, including, but not limited
to, general content, advertisements, product or service
data and tools, or postings in online community discussions
("Third Party Content"). You agree that neither
PM nor its affiliates (a) will have any liability whatsoever
to you in connection with any such Third Party Content;
or (b) assume any responsibility for or make any warranty
or representation as to the accuracy, currency, completeness,
reliability or usefulness of any Third Party Content,
including, but not limited to, framed content, or of
any products or services distributed or made available
by any third parties. Your use of Third Party Content
may also be subject to the terms of the Third Party
Content provider’s terms of use and privacy policy.
PM does not control, verify, endorse, or vouch for any
Third Party Content. PM is not responsible for the delivery
or quality of any goods or services sold, advertised
or made available by third parties on this Site or any
other Web site.
Failure or delay in exercising any right shall not
act as a waiver of any right, nor shall any single or
partial exercise of any right preclude any other or
further exercise thereof. No waiver of any of the provisions
of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar,
nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing
by the party marking the waiver. Remedies herein are
deemed as cumulative and nonexclusive of each other.
Nothing contained in this Agreement shall be deemed
to create, nor shall this Agreement be construed so
as to create, a joint venture, agency or employment
relationship between PM and any lender, broker and/or
borrower.
This Agreement shall be construed as though drafted
by both parties and shall not be construed against or
in favor of any party.
Captions and paragraph headings herein are for convenience
only, and shall not be used in construing this Agreement.
No advice or information, whether oral or written,
obtained by you from PM or through this Site will create
any warranty not expressly stated in writing.
Limitation of Liability
Under no circumstances will PM or subsidiaries, affiliates,
offices, directors, employees, outside contractors,
or suppliers be liable for any direct, indirect, punitive,
special, incidental or consequential damages arising
from or in connection with the use of the inability
to use this site or any content, products or services
contained on or accessible through this site. This includes,
but not limited to, lost profits and loss of information,
programs, or other data. This includes PM has been advised
of the possibility of such damages. You acknowledge
that this is an acceptable risk associated with your
use of this site and the content.
Access to Product and Service Information
Information regarding products or services available
through this Site, including, but not limited to, information
about your account available through the Site. It is
for your convenience only and is not intended as a substitute
for any periodic account or billing statements with
respect to such products or services, and should not
be relied upon as such. You agree that the features
and information available within this Site do not supercede,
replace or otherwise modify the rights or obligations
of you, PM or its subsidiaries or affiliates pursuant
to the agreements applicable to such products or services.
Website Links
PM provides links to other non-affiliated Internet sites.
You should review any unaffiliated Internet sites to
determine its policies on privacy and security and for
information on how it uses data. PM is not responsible
for such unaffiliated Internet sites' policies, and
expressly disclaims any and all liability related to
such policies.
At certain places on this Web Site, live "links"
to other Internet addresses can be accessed ("Linked
Sites"). Such Linked Sites contain information
created, published, maintained, or otherwise posted
by institutions or organizations independent of PM.
PM does not endorse, approve, certify or control these
Linked Sites and does not guarantee the accuracy, completeness,
efficacy, timeliness or correct sequencing of information
that they contain. Use of Linked Sites is voluntary,
and should only be undertaken after an independent review
by the user of the accuracy, completeness, efficacy
and timeliness of the information contained therein.
In addition, it is the user’s responsibility to
take precautions to ensure that material selected from
such Linked Sites is free of such items as viruses,
worms, Trojan horses and other items of a destructive
nature. PM is not responsible for, and expressly disclaims
all liability for, (i) the contents of any Linked Site,
(ii) damages of any kind arising out of the use of such
Linked Sites, or (iii) reference to or reliance on information
contained therein.
International Users
This Site is controlled, operated and administered by
PM throughout the United States. PM makes no representation
that materials at this site are appropriate or available
for use at other locations outside of the United States
and access to them from territories where their contents
are illegal is prohibited. You may not use the Site
or export the Materials in violation of U. S. export
laws and regulations. If you access this Site from locations
outside of the United States, you are responsible for
compliance with all local laws. These Terms and Conditions
of use shall be governed by the laws of the State of
Georgia, without giving effect to its conflict of laws
provisions.
Applicable Law
By accessing this Web Site, you have directed your system
to a computer located in the State of Georgia. You agree
that disputes arising out of or relating to the contents
or use of this Web Site are to be governed by the laws
of the State of Georgia. You consent to the exclusive
jurisdiction of courts sitting in the State of Georgia
in all disputes arising out of or relating to the contents
or use of this Web Site. You agree that the venue of
any action brought against PM in federal court shall
by in the United States District Court for the Northern
District of Georgia, or in the Superior Court of Atlanta,
Georgia. You agree that all such disputes shall be tried
by the court and hereby waive any right to trial by
jury.
If any legal action or other proceeding is brought for
the enforcement of this Agreement, or because of an
alleged dispute, breach, default or misrepresentation
in connection with any of the provisions of this Agreement,
the successful or prevailing party or parties shall
be entitled to reasonable attorney's fees and other
costs incurred in that action or proceeding, in addition
to any other relief to which it or they may be entitled.
Compliance With Laws
You agree that you are solely responsible for your use
of or activities on this Site, and that you will comply
with all applicable local, state, federal and international
laws and regulations, including, but not limited to,
United States export restrictions, that relate to your
use of or activities on this Site. This Site is controlled
and operated in the United States. If you are accessing
this Site from outside the United States, and are restricted
under the laws of your jurisdiction from doing so, do
not access or use this Site. PM makes no representation
that this Site is appropriate or available for use outside
the United States.
This Agreement constitutes the entire agreement between
PM and you with respect to your use of the Site. Any
cause of action you may have with respect to your use
of the Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason
a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent
permissible so as to affect the intent of the Agreement,
and the remainder of this Agreement shall continue in
full force and effect.
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