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Terms and Conditions of Use and Disclaimers
By accessing, viewing or otherwise using this site, you agree
to be bound by these terms and conditions of use and disclaimers.
Read these terms of use and disclaimers carefully and frequently
as they may change periodically without notice to you. If you do
not accept all of the legal disclaimers and notices of this agreement,
please do not use this site.
This Agreement sets forth the terms and conditions governing your
use of the Web Site of PLASA ( “us” or “we”) currently
located at www.plasa.org (the “Site”) and your use of
PLASA’s systems, information and services. This Agreement
also incorporates PLASA’s Privacy Policy.
- This Site is owned by and under the control of PLASA. Access
to and use of this Site and all of the content, services, materials,
information, databases and systems are subject to these Terms
and
Conditions of Use and Disclaimers, any other agreements and applicable
laws and regulations (including all export and import laws, regulations
and restrictions), all of which are subject to change and revision
from time to time without prior notice. From time to time, PLASA
may:
(a) supplement or make changes to these Terms and Conditions
of Use and Disclaimers and other rules or access and use
procedures, documentation, security procedures and standards
for equipment;
(b) change the type and location of system equipment, facilities
or software; or
(c) modify or withdraw any particular service
or product referred to in this Site or any database, material,
service
or system. PLASA reserves the right to terminate access
to this Site or take other actions it reasonably believes necessary
to comply with the law, to protect its rights or to protect
its
members or other Site visitors. Any access or attempt to
access or use
this Site for any unauthorized or illegal purpose is strictly
prohibited.
- This Site is provided without charge as a convenience
to PLASA’s
members and to other visitors to be used for the purposes
of information, education, communication and commerce, including
the offering for
sale of goods and services. While the information and features
contained in this Site have been prepared and compiled from
sources
believed to be reliable, PLASA makes no guarantee as to, and
assumes no responsibility for, the correctness, sufficiency
or completeness
of such information, material or recommendations. PLASA does
not represent or endorse the accuracy or reliability of any
of the
information, content or advertisements contained on, distributed
through, or linked, downloaded or accessed from this Site
or any other links from or to other Web sites, through any
third
party
that provides information to PLASA, or through its provision
to end users nor the quality of any products, information
or other
materials or services displayed, obtained or purchased by
you as a result of your use of this Site or any PLASA good,
service,
database,
forum, materials or system. You hereby acknowledge that any
reliance upon any information, products, services or materials
shall be
at your sole risk. PLASA reserves the right, in its sole discretion
and without any obligation, to correct any error or omissions
in any portion of this Site or any PLASA good, service, database,
materials
or system at any time, with or without notice to you.
- PLASA also
operates the Site as a venue where users can discuss and exchange
information and obtain assistance (collectively, “User
Information”) on a variety of subject matters and obtain
other goods and services (“Products”). The information,
including, without limitation, the User Information, contained
in the Site is presented for educational and informational purposes
only. The information, including, without limitation, the User
Information, should not be considered complete nor should it
be relied upon without first consulting a professional in the
relevant
field retained by you specifically for such purpose. Other than
with respect to comments and information which are specifically
identified as being made or provided by PLASA officers or employees
on behalf of PLASA, PLASA is not involved in any way in the content
or substance of any User Information. PLASA does not endorse or
guaranty the quality, accuracy, timeliness or legality of any
of the information contained in any discussion or forum or any
User
Information that users receive from any other user or a given
expert. PLASA is not and cannot be involved in any disputes between
users
or between a user and an expert. In the event that you have a
dispute with one or more users or experts, you agree to hold
harmless,
defend and release PLASA and its agents, employees and members
from claims, demands and damages (actual and consequential) of
every
kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code §1542, which says: “A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release,
which if known by him must have materially affected his settlement
with the debtor.” Because user authentication on the
Internet is difficult, PLASA cannot and does not confirm that
each user
or expert is who they claim to be. You acknowledge and accept
the
risks that other users or experts may in fact be minors, residents
of other jurisdictions or acting under false pretenses.
- Without
PLASA’s prior written consent, which consent may
be given or withheld in PLASA’s sole discretion, you may
not:
(a) resell, sublicense, rent, lease or otherwise publicly
distribute
for profit any information provided on or through the
Site or any Hyperlink, services, forum or database, or any
part
or parts
thereof
or information contained therein, or any access thereto;
(b) use your access to this Site or any Hyperlinked Site
or PLASA’s
information provided on or through the Site or any Hyperlink,
services, database or system to export or re-export technical
data in violation
of U.S. export control laws and regulations;
(c) use this
Site or any information provided on or through the Web
Site or any
Hyperlink, services, forum, database or system, which
you access in violation
of, or post any information to any PLASA owned or licensed
database which violates, any federal or state law, including
data privacy
laws and communication regulations and tariffs, or which
infringes the intellectual property rights or misuses
proprietary information
of a third party or is made in furtherance of an illegal
or fraudulent scheme or activity; or
(d) modify, adapt,
reverse engineer, decompile,
disassemble, translate or convert any portion of PLASA’s
databases or system for profit or economic gain, or the
selection, coordination
or arrangement of products or services in any PLASA database
for profit or economic gain.
- As a user on this Site, you
will represent yourself accurately and truthfully at
all times. You grant PLASA the right to
independently verify any information that you post
on the Site about yourself,
although PLASA does not routinely undertake any verification.
You agree that the terms and conditions governing the
transactions between you and third parties are solely to be determined
by you
and the third party. PLASA has no involvement or responsibility
for such terms and conditions. Our services are available
only to individuals who can form legally binding contracts
under applicable
law. In addition, some services may be limited to PLASA
members
only. If you do not qualify, you may not use PLASA’s
services.
- “Your Information” includes any information
you provide to PLASA, whether directly or indirectly,
including but
not limited to, (i) during your enrollment with our Site,
(ii) in any public message area, (iii) in any restricted
message area
or (iv) through any email feature.
By posting Your Information on or through the Site, you automatically
grant PLASA a royalty-free, perpetual, irrevocable, non-exclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display Your Information alone or
as part of other
works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through
multiple
tiers
of sublicensees.
You are solely responsible for Your Information, and PLASA
acts as a passive conduit for your online distribution and
publication
of Your Information. However, PLASA may take any action it
deems necessary or appropriate in its sole discretion if
PLASA believes
Your Information creates a risk of liability to PLASA. PLASA
may, at its sole discretion, remove or disable access to,
material
on the Site that infringes on the rights of third parties
or is otherwise
harmful to PLASA or its members.
PLASA will only use and disclose Your Information in accordance
with our then current Privacy Policy,
which is incorporated herein by reference.
If you believe that Your Information has been used on
the Site in a manner that constitutes copyright infringement,
please provide
PLASA’s Copyright Agent with a written notice (e-mail
is sufficient) that includes the following information:
- an
electronic or physical signature of a person authorized
to act on behalf of the owner of the exclusive right
that
is allegedly
infringed;
- identification of the copyrighted work claimed
to have been infringed;
- a description of where the material
that you claim is infringing is located on the Site;
- your
address, telephone number, and e-mail address;
- a statement
by you that you have a good faith belief that the
disputed use is not authorized by the copyright
owner,
its agent,
or the law;
- a statement by you, under penalty of perjury,
that the information in your notice is accurate and
that you
are
the copyright owner
or authorized to act on the copyright owner’s
behalf.
PLASA’s Copyright Agent for notice of claims
of copyright infringement on this Site is: Lori Rubinstein,
North American Executive
Director, with a copy of such notice to PLASA at: 630 Ninth Avenue, Suite
609, New York City, New York 10036.
In appropriate cases, PLASA reserves the right to terminate
any users or subscribers of this Site engaged
in any type of infringement,
including copyright infringement.
- The federal and state
antitrust laws require that each PLASA member and user of this
Site make its own
unilateral decisions
regarding the operations of its business including
the prices
it will charge, the customers it will serve, the suppliers
it will
purchase from, the products and services it will offer,
and the research and development efforts that it will
undertake.
No PLASA
facility may be used in a manner that violates the
antitrust laws. Therefore, in order to ensure compliance with
the
antitrust laws,
you agree to abide by the following guidelines in connection
with your use of the Site and Your Information:
- There
must be no discussion between two or more competitors regarding
past, present or future prices, pricing policies,
pricing methods or pricing strategies.
- There must be no
discussion between two or more competitors regarding past,
present or future discounts, allowances,
rebates, credit terms and other terms or conditions of sale.
- There must be no
discussion between two or more competitors regarding the
suppliers or customers with whom they are
doing or will do business.
- There must be no discussion between two or more competitors
regarding the geographic areas they are or will be serving.
- There
must be no discussion between two or more competitors regarding
their present or future marketing strategies.
- There
must be no agreement among two or more competitors regarding
the products or services they will or will not
offer.
- There must be no agreement among two or more competitors
regarding the research and development projects or product
innovations they will or will not pursue.
These requirements are not intended to, nor should they
interfere with legitimate standards making activities.
During the course of such activities it may be necessary, in determining
what standards to promulgate and to reach consensus on the
details of a
standard,
to engage in general discussions regarding
participants’ views
of the marketplace and how certain categories
of suppliers or customers might be affected
by the
presence or absence
of a standard.
Such
discussions are permissible, provided that
no discussion participant reveals its specific practices
or plans
regarding customers,
products, or suppliers. Under no circumstances
shall there be any discussion
of past, present or future prices, pricing
policies, pricing methods or pricing strategies.
Use of the Site will be monitored by PLASA representatives
to ensure that these guidelines are being followed.
Any member or
user and/or
employee of any member or user who fails to
adhere to these guidelines may be prohibited from participating
in the Site
or any forum
therein. Furthermore, such member may also
be
expelled from PLASA. Any user
of the Site who believes these guidelines may
have been
violated should immediately contact PLASA.
- Any information, including but not limited to remarks, suggestions,
ideas, graphics or
other submissions,
communicated to PLASA through
this Site is deemed non-confidential and shall
be the non-exclusive property of PLASA. PLASA
is entitled to
use any information
or ideas, including, without limitation, User
Information, submitted
for
any purpose without restriction and without
compensation or acknowledgement of its source.
- Except as otherwise
identified, the trademarks including names, logos, slogans and
service
marks appearing at
this Site, whether
registered or unregistered, are the property
of PLASA or PLASA’s
affiliates. Such marks are not to be copied,
reproduced, published or in any way used without
the written permission
of PLASA or the
identified owner of the trademark except as
specifically permitted by PLASA’s
written policies, as from time to time
amended. Except
as otherwise
identified,
the
copyright in the content
of this Site is owned by PLASA. No part
of this Site may be published, stored
or transmitted
in any form
or means
for
profit or commercial
gain without the express written permission
of
PLASA; provided, however, that you may
download and use content
displayed
on this Site where:
(a) such content is used
for instructional, informational
or educational purposes only and
is not sold, resold or used in
any manner to endorse, promote
or advertise either (i) any individual or company
or other entity
or (ii) any
product or service for
sale or resale, and
(b) you retain
all copyright and other proprietary notices contained in
the content.
- You may PLASAblish Hyperlinks
either to this Site or away from
this Site without PLASA’s
prior consent, provided, however,
that PLASA reserves the right, in
its sole discretion,
to remove
a Hyperlink to this Site or away
from this Site at any time and for any reason.
- PLASA
advises you to exercise discretion while browsing
this Site and the Internet.
In addition,
Hyperlinks
on this Site may
direct you to sites containing information
that some people may find offensive or inappropriate.
Such linked
Web sites
may not
be under the control of PLASA and PLASA does
not make any representations concerning any such
Web sites that
you
may access via a Hyperlink
from this Site, and accordingly, PLASA is not
responsible for the accuracy, copyright compliance,
legality, legitimacy
or decency
of material contained in Web sites which may
be accessible via a Hyperlink to or from Site
or for the Hyperlink
itself. PLASA
is
providing these Hyperlinks to you only as a
convenience and the inclusion of any Hyperlink on this Site
is not and should
not
imply any endorsement by PLASA of such linked
Web sites.
- ALL INFORMATION (INCLUDING,
WITHOUT LIMITATION, USER INFORMATION), CONTENT OR PRODUCTS OR
SERVICES
ON OR OBTAINED
THROUGH THIS SITE
ARE PROVIDED “AS IS” AND WITHOUT
WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE
ALL OTHER WARRANTIES
RELATING
THERETO,
INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, ARISING
FROM A COURSE
OF DEALING, USAGE OR TRADE PRACTICE OR WARRANTY
AGAINST INTERFERENCE OR INFRINGEMENT. PLASA
DOES NOT WARRANT
THAT ANY INFORMATION,
CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION
OF ANY SERVICE, DATABASE, MATERIAL OR OTHER
PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS,
SYSTEMS
OR DATA USED
WITH
OR THROUGH
OR PROVIDED BY PLASA, INCLUDING ANY HYPERLINKED
SITE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED
OR FREE
FROM ERRORS,
BUGS OR SOFTWARE
VIRUSES OR THAT ANY DEFECTS IN SUCH INFORMATION,
SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL
BE OR CAN BE CORRECTED.
IN NO EVENT
SHALL PLASA HAVE ANY LIABILITY TO YOU (INCLUDING
LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM
OR CLAIMS ARE
BASED ON OR DERIVED
FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH
RESPECT TO ANY
AND ALL CLAIMS AT ANY AND ALL TIMES ARISING
FROM OR RELATED TO THE
SUBJECT MATTER OF THIS SITE, IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS
MAY NOT
ALLOW THE EXCLUSION
OF
IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
- YOU ASSUME THE RESPONSIBILITY
TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES
TO YOUR SYSTEMS
OR OPERATIONS WHICH COULD
BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS
SITE, ANY INFORMATION, SERVICE,
SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF.
YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS
AND
DATABASES
ARE SUBJECT
TO ERRORS,
TAMPERING AND BREAK-INS AND THAT WHILE PLASA
WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS
TO
ATTEMPT TO PREVENT
SUCH OCCURRENCES,
PLASA DOES NOT GUARANTEE THAT SUCH EVENTS WILL
NOT TAKE PLACE. YOUR INSTALLATION
AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS
AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND
ERRORS
IN ANY ORDER OR
ELECTRONIC TRANSMISSION
OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL
ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION,
ORDERS
AND AGREEMENTS.
IN ADDITION,
ERRORS MAY BE INTRODUCED INTO INFORMATION OR
ORDERS IN THE COURSE OF THEIR TRANSMISSION
OVER ELECTRONIC
NETWORKS.
YOU
SHALL IMPLEMENT
AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW
AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM
ORDERS
OR OTHER TRANSACTIONS
IN WHICH YOU PARTICIPATE USING PLASA’S
WEB SITE, INFORMATION, SERVICES, DATABASES,
SYSTEMS
OR OTHER
MATERIAL.
- YOU ALSO ARE SOLELY RESPONSIBLE
FOR ENSURING THAT ANY POSTING MADE BY OR FOR
YOU TO THIS
SITE OR ANY
INFORMATION, SERVICE,
SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS
OR OTHER COMPUTER
SOFTWARE
CODE OR ROUTINE DESIGNED TO DISABLE, ERASE,
IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SYSTEM,
SOFTWARE OR DATA OF PLASA
OR ANY OTHER USER OF THE PLASA INFORMATION,
SERVICES, DATABASES, MATERIALS OR SYSTEM. YOU HEREBY AGREE
TO INDEMNIFY,
DEFEND
AND
HOLD PLASA
AND ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY,
CLAIM, COST OR
DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY
ANY SUCH USER CAUSED BY SUCH
VIRUS OR CODE OR SUBROUTINE.
- NEITHER PLASA
NOR ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS
OR SUPPLIERS
SHALL IN ANY
EVENT BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY LOST PROFITS,
REVENUES, BUSINESS OPPORTUNITIES
OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT
OR INCIDENTAL
LOSSES, DAMAGES
OR EXPENSES DIRECTLY OR INDIRECTLY RELATING
TO THE USE OR MISUSE OF THIS SITE, OR WITH RESPECT
TO ANY
OTHER
HYPERLINKED
WEB SITE
OR ANY PLASA INFORMATION, CONTENT OR OTHER MATERIAL
OR SOFTWARE USED THEREWITH, THE USE OR FAILURE,
NON-COMPLIANCE OR LIMITED
AVAILABILITY
OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED
BY PLASA
THROUGH THIS SITE, ANY INFORMATION PROVIDED
IN THE PLASA SYSTEM OR ANY
OBLIGATION UNDER OR SUBJECT MATTER OF THIS
SITE, WHETHER SUCH CLAIM IS BASED
UPON BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY
IN TORT OR ANY OTHER
THEORY OF RELIEF,
OR WHETHER OR NOT PLASA IS INFORMED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES.
- If
any part or parts of these Terms and Conditions of Use and Disclaimers
are held
to be invalid,
the remaining parts will
continue
to be valid and enforceable. Nothing in these
Terms and Conditions
of Use and Disclaimers affects any statutory
rights of consumers that cannot be waived or
limited by contract.
The use by
you of this Site, the PLASA information, content,
services or other
materials,
and any and all other matters between PLASA
and you related
hereto, shall be governed by applicable United
States federal law and
the laws of the State of New York, excluding
its conflict-of-laws rules.
You hereby agree to waive any right to a jury
trial in any suit arising out of or relating
to this Site
or any
PLASA
information,
content, service or other product. Any suit
or proceeding arising out of or relating hereto
must be commenced
within one year from
the date the right, claim, demand or cause
of action being asserted first came into being.
- You agree
to comply with all applicable export laws, regulations and restrictions.
Information
PLASA places
on or makes available
through this Site may contain references or
cross references to PLASA or third party products, programs
and services
that are not
announced or available in your country. Such
references do not imply that either PLASA or
such third party intends
to
announce
or make available such products, programs or
services in your country. Consult PLASA or the
applicable third
party
for information
regarding
any such products, programs or services. This
Site may contain other proprietary notices
and copyright
information,
the
terms of which must be observed and followed.
Any rights not expressly
granted herein are reserved.
- Any software
which is downloaded from this Site or other PLASA system or service
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.
- If the user has any questions regarding
this Site or its contents, or these Disclaimers
and Notices,
contact PLASA
at
.
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