The PTS Web Site is comprised of www.Peak-Technology-Solutions.com, and their constituent web pages and various other web sites, URLs and Web pages operated by PTS.
The PTS Web Site, and any other publications in printed or digital form, and the Products and Services from time to time offered by PTS (as defined below) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PTS Web Site and any such Products and Services constitutes your agreement to all such terms, conditions, and notices.
From time to time, PTS may offer programs and content that are generally offered as monthly subscription services. Under that agreement, Subscribers to the Products and Services and ECSI’s web based programs, products, services and programs and users of the PTS Web Site shall all pay a monthly subscription fee. The monthly subscription fee will be based on the product or service and established from time to time on the PTS Web Site. From time to time, PTS may offer subscribers and users the right to subscribe to a program, product or service for a period of longer than one month, often at a discounted rate (The “Periodic Rate”). Each user agrees to pay to PTS a monthly subscription fee or an agreed upon Periodic Rate, in advance, via Pay Pal, credit card or other method from time to time established by PTS, for each month’s or other periodic use of the product, service or program selected and/or access to the PTS Web Site. Each user authorizes PTS to automatically debit the payment source or mechanism associated with his or her registered account for each monthly subscription fee or the Periodic Rate agreed upon by them. Monthly subscription fees and Periodic Rates are not refundable for any reason, except as expressly provided from time to time on the PTS Web Site, under PTS’s then applicable and published termination, refund and cancellation policies. Automatic debits shall continue unless the user terminates the subscription in accordance with the terms and conditions for proper cancellation, or notifies via email to and otherwise complies with the then published policy for refunds or cancellations.
Commencing in August, 2010, PTS will offer a number of products, programs and services developed and provided by third party providers, including certain web based software applications and content, downloadable software, text message, cellular, and telephony products others types of products and services (The “Third Party Tools”). The Third Party Tools may be offered as part of a “bundle” of products and services which include access to the PTS Web Site, or as stand-alone products or services. While the Third Party Tools may feature brand or trade names associated with PTS and its brand and tradenames and PTS may provide certain customer support services for them, they are not products or services developed by PTS. The Third Party Tools offered by PTS may at any time change or be revised and any specific Third Party Tools may cease to be offered or supported by PTS at any time, without notice. PTS may also from time to time provide access to new or different Third Party Tools. The availability, functionality, usability of utility of any of the Third Party Tools are not warranted, represented or in any way assured by PTS. PTS makes no representations or warranties regarding the Third Party Tools and disclaims all liability for their use, implementation or availability.
PTS may from time to time establish special promotional thirty day “trial offers”, in its discretion, on such terms and conditions as may be posted on the PTS Web Site. PTS may provide access to or use of thirty day promotional or trial offers using promotion codes, coupons, credits or other mechanisms, in its sole discretion. Promotional or trial offers may be modified or terminated at any time, in PTS’s discretion, and will in any case be limited to one offer per user. At the end of any thirty day promotional or trial offer, the user’s credit card or Pay Pal account will automatically be debited for each subsequent monthly subscription period, and such automatic debits shall continue unless the user terminates the subscription during the thirty day trial period, in accordance with the terms and conditions for termination on the PTS Web Site. Promotional or trial subscriptions provide the user to access to limited portions of the PTS Web site. The entire PTS Web site will be made available only to users paying the complete monthly subscription fee for a given month.
From time to time, PTS may provide its members with access to offers or promotions made available by or from third parties. If a PTS member provides an e mail address or other information to such a third party, PTS will not be responsible for the use of the information so provided.
LINKS TO THIRD PARTY SITES
The PTS Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of PTS and PTS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PTS is not responsible for webcasting or any other form of transmission received from any Linked Site. PTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PTS of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PTS Web Site, you warrant to PTS that you will not use the PTS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PTS Web Site in any manner which could damage, disable, overburden, or impair the PTS Web Site or interfere with any other party’s use and enjoyment of the PTS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PTS Web Sites.
USE OF COMMUNICATION SERVICES
The PTS Web Site may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
PTS has no obligation to monitor the Communication Services. However, PTS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PTS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PTS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ECSI’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PTS does not control or endorse the content, messages or information found in any Communication Service and, therefore, PTS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PTS spokespersons, and their views do not necessarily reflect those of PTS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PTS OR POSTED AT ANY PTS WEB SITE
PTS does not claim ownership of the materials you provide to PTS (including feedback and suggestions) or post, upload, input or submit to any PTS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PTS, its affiliated companies, licensees and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PTS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PTS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PTS, INCLUDING ANY PUBLICATION IN PRINTED OR DIGITAL FORM, ANY THIRD PARTY TOOLS AND THE PTS WEB SITE (COLLECTIVELY “the “PRODUCTS AND SERVICES”), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. PTS AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PTS AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDUING THE PTS WEB SITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND. PTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PTS with respect to the Products and Services and the PTS Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PTS with respect to the PTS Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the PTS Web Site are: Copyright © 2015 PEAK TECHNOLOGY SOLUTIONS, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
LIMITATION ON USE OF INFORMATION
You agree to use content or information obtained from the Products and Services and ECSI’s Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and you will in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.
CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from PTS, and all information to which you have access through password-protected areas of PTS’s Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.