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TERMS
OF USE
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.PCXCORP.COM
WEBSITE (the "Site"). This Site is fully controlled and operated PCX
Corporation ("PCX", "we" or "us"). By accessing and using this Site, you
are hereby agreeing to be legally bound by the terms and conditions of PCX
(the "Agreement").
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text,
images, photographs, illustrations, artwork, graphic materials or other
copyrightable elements, trademarks, service marks and trade names
("Material") are the property of PCX Corporation and are protected without
limitation, pursuant to U.S. and foreign copyright, trademark and other
applicable laws. PCX Corporation hereby grants you a personal,
non-exclusive, non-assignable and non-transferable license to use and
display the Material for noncommercial and personal use only provided that
you maintain all copyright and other notices contained in such Material.
You agree not to reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate any
Material to any third party (including, without limitation, the display
and distribution of the Material via a third party website) without the
express prior written consent of PCX Corporation. Use of PCX and/or its
licensors' Material is only permitted with their express written
permission. You further agree that you will not disassemble, decompile,
reverse engineer or otherwise modify the Material. Any unauthorized or
prohibited use may subject the offender to civil liability and criminal
prosecution under applicable federal and state laws.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS
CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. PCX is not responsible or liable for any
infections or contamination of your system, or delays, inaccuracies,
errors, or omissions arising out of your use of this Site or with respect
to the information and material contained on this Site. The entire risk as
to the quality, accuracy, adequacy, completeness, correctness and validity
of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, PCX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,
EXECUTIVES, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY
PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE
MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY PCX OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall PCX's liability to you
for any and all claims, damages, losses, and causes of action (whether in
contract, tort or otherwise) exceed the amount paid by you, if any, for
accessing this Site.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external
hyperlinks does not constitute endorsement by PCX, its subsidiaries and
affiliates of the opinions or views expressed by these linked websites and
PCX does not verify, endorse, or take responsibility for the accuracy,
currency, completeness or quality of the content contained in these sites.
Furthermore, PCX is not responsible for the quality or delivery of the
products or services offered, accessed, obtained by or advertised by such
sites. As such, neither PCX, its subsidiaries nor affiliates will be
responsible for any errors or omissions or for the results obtained from
the use of such information contained in these sites. To the extent that
these sites collect personal information (the "Information") or Postings
from the end user, be advised that in no event shall PCX assume or have
any responsibility or liability for the manner in which the Information or
Postings are exploited or for any claims, damages, or losses resulting
from their use and/or appearance on these sites. Finally, PCX will under
no circumstances be liable for any direct, indirect, incidental or special
loss or other damage, whether arising from negligence, breach of contract,
defamation, infringement of copyright or other intellectual property
rights, caused by the exhibition, distribution or exploitation of any
information or content contained within these sites.
MISCELLANEOUS
PCX operates and controls this site
from its offices at 33 Pony Farm Road, Clayton, NC, 27520, United States
of America. This site is intended exclusively for residents of the United
States including residents of the United States, its territories and
possessions. No software from this Site may be downloaded, exported or
re-exported in violation of any law including, without limitation, to
countries that are subject to U.S. export restrictions. This Agreement
contains the entire understanding and supersedes all prior understanding
of the parties hereto relating to the subject matter hereof, and cannot be
changed or terminated orally. If any provision of this Agreement is found
to be illegal or unenforceable, the Agreement will be deemed curtailed to
the extent necessary to make it legal and enforceable and will remain, as
modified, in full force and effect.
This Agreement and all matters or issues collateral thereto will be
governed by, construed and enforced in accordance with the Laws of the
State of North Carolina applicable to contracts executed and performed
entirely therein (without regard to any principles of conflict of laws),
and jurisdiction for any court action in the State of North Carolina and
County of Johnston.
HOW TO CONTACT US
For questions or comments on the PCX
Corporation website, Terms of Use or Privacy Policy, contact by clicking
here [Webmaster@PCXcorp.com]
or:
PCX Corporation
33 Pony Farm Road
Clayton, NC 27520
Download printable version (PDF)
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