Patternhunter Inc, its subsidiaries and
affiliated companies (collectively referred to as "PI")
require that any visitor ("User") to its World Wide
Websites ("Site") adhere to the following rules and
regulations. By accessing any Site, User indicates User's acceptance
of and agreement to these terms and conditions, as amended
from time to time by PI.
General Disclaimers
This Site, including all software, functions,
materials, and information, and any products or services made
available through this Site, are provided "as is" without
warranties of any kind, either express or implied, unless otherwise
expressly stated herein. PI disclaims all warranties express
or implied, including but not limited to warranties of quiet
enjoyment and non-infringement, as well as any implied warranties
of merchantability or fitness for a particular purpose as to
any computer programs, or the design or informational content
of the Site.
PI does not warrant or make any representations
regarding operation of the Site. PI does not warrant or make
any representation regarding the validity, accuracy, or reliability
of or the results of the use of the materials on the Site or
any other World Wide Web resource or site linked to this Site.
The materials on this Site may be out of date, and PI makes
no commitment to update the materials on this Site.
PI does not and cannot guarantee or warrant
that the files available for downloading from this Site, if
any, will be free from infection, viruses, worms, Trojan horses,
or other code that manifests contaminating or destructive properties.
Company does not warrant that the Site, software, materials,
products, or service will be uninterrupted or error free or
that any defects in the Site or any element thereof will be
corrected. Applicable law may not allow the disclaiming of
implied warranties, so the above disclaimer may not apply to
individual Users as it relates to implied warranties.
In no event shall PI, its agents or affiliates,
or any third parties mentioned within the Site be liable for
any damages whatsoever (including, without limitation, incidental
and consequential damages, lost profits, or damages resulting
from lost data or business interruption) resulting from or
arising out of the use or inability to use the Site and the
materials contained therein; all whether based on contract,
tort, or any other legal theory, and whether or not PI is advised
of the possibility of such damages.
Links
On the Site, PI may include links to World
Wide Websites or resources for User convenience which are not
created or controlled by PI ("Linked sites"). PI
does not endorse or accept responsibility for any such Linked
site or resource User may access through PI's Site. Linked
sites are wholly independent from PI; as a result, PI has no
control over any Products, Services, Materials, or other information
contained in or available through these third-party websites.
The quality and dependability of these third-party websites
may vary as they are updated or altered. Therefore, access
to any third-party websites through PI's Site, regardless of
whether the third-party site is a linked site or not, is entirely
at the User's own risk.
Indemnity
User agrees to indemnify and hold PI,
its agents, affiliates, and assigns, harmless from and against
any and all claims, losses, liability, cost, or expense (including
but not limited to reasonable attorney's fees) relating to
or arising from: 1) the violation or breach of these Terms
and Conditions; 2) violation or infringement of any third-party's
rights, including but not limited to copyrights and proprietary
and privacy rights, resulting from User's breach of these Terms
and Conditions; or 3) any violation of applicable federal,
state, or local law, regulation, or ordinance resulting from
User's breach of these Terms and Conditions.
Trademark Information
PI's trademarks may be used or reproduced
publicly only with permission from PI. Fair use of PI's trademarks
in advertising or promotion of PI products requires proper
acknowledgment. All other brands are the property of their
respective owners.
Copyright and Ownership
of Materials
Except where otherwise noted, all materials,
software, and information on the Site, as well as any unique
visual or functional elements of the Site, are copyrighted
and are protected by worldwide copyright laws and treaty provisions.
They may not be copied, reproduced, modified, uploaded, posted,
transmitted, or distributed in any way, in whole or in part,
without PI's prior written permission.
Additional General Terms
Users are encouraged to peruse this Site,
but must recognize that its content is protected by international
copyright, trademark and other intellectual property laws and
may not be mirrored, redistributed, printed, publicly performed
or displayed, reproduced in bulk, or archived without advance
written permission. Access to the Site may be blocked without
notice to subnets violating these Terms of Use or otherwise
at the discretion of PI.
This Site was created, and is maintained,
in the State of Colorado, United States of America. PI makes
no claims that the materials contained on the Site are appropriate
or may be downloaded outside of the United States. Access to
the Site and the materials therein (including software) may
not be legal by certain persons or in certain countries. If
User accesses this Site from outside the United States, that
access is made at User's own risk. User is responsible for
compliance with the laws of User's jurisdiction.
Use of the Site, the Terms and Conditions
of use, and all other aspects of the operation and functionality
of the Site shall be governed by and construed under the laws
of the State of Colorado, without giving effect to its rules
regarding conflicts of laws. PI and User hereby irrevocably
consent to the jurisdiction of the courts located in Colorado
for any action, claim, or cause arising out of or related to
the use of the Site and any Products or Services obtained through
the Site. If any provision of these Terms and Conditions is
found to be invalid by a court of competent jurisdiction, the
invalidity of such provision shall not impair the validity
of the remaining Terms and Conditions. No waiver of any provision
of the Terms and Conditions shall be deemed a further waiver
of any other provision thereof.
