Purcell Systems, Inc.
Website Terms of Use and Legal Restrictions
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
The Purcell Systems, Inc. ("Purcell Systems") Web site is owned and provided by Purcell Systems from its offices in Spokane Valley, Washington. The Web sites of Purcell Systems' and/or its subsidiaries and affiliated companies are each owned and provided by such subsidiaries and companies. For purposes herein, Purcell Systems and its subsidiaries and affiliated companies are collectively referred to as "Purcell." The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Purcell's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Purcell's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by Purcell and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. Purcell owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Purcell's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without Purcell's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. PURCELL ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
PURCELL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND/OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
Purcell may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-Purcell Web site does not mean that Purcell endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Purcell makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Purcell is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Purcell.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Purcell.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL PURCELL, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PURCELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PURCELL SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Purcell's obligations and responsibilities regarding its products and services are governed solely by Purcell's terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable Purcell entity.
Information Provided By You
It has been and remains Purcell's policy not to accept or consider ideas, suggestions or materials other than those that Purcell has specifically requested from you. Accordingly, Purcell does not want you to, and you should not, send any confidential or proprietary information to Purcell through the Site unless specifically requested by Purcell. Please note that any unsolicited information or material sent to Purcell will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Purcell (or warrant that the owner of such information and material has expressly granted to Purcell) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Purcell is free to use any ideas, concepts, know-how, or techniques that you send Purcell for any purpose.
As further provided above, Purcell does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Purcell that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Changes
Purcell reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Purcell is under no obligation to update Materials. Purcell may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Purcell makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to Purcell's Site must comply with Purcell's guidelines for linking to Purcell's Site and all applicable laws.
International Users
The Site is administered by Purcell from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Purcell business contact in this regard. Furthermore, Purcell makes no representation that the Materials at the 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 information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of the State of Washington, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Purcell 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 six (6) months after the claim or cause of action arises.
Copyright and Other Intellectual Property Rights
Purcell owns all content of the Website and claims copyrights in all information posted in the Website as well as in all information that can be downloaded from the Website including product specifications, informatio sheets, manuals, and instructions, Purcell also owns or has licensed the trademarks, service marks, and trade names displayed in the Website (unless otherwise noted) and has registered many of these in the United States and other countries around the world. Purcell holds certain patent, design and industrial property rights (and has applied for others) in various jurisdictions. Nothing contained in the Website is to be construed as a license to any of the intellectual property of Purcell.
Privacy
Overview
Purcell is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site. We understand your concerns about security and privacy and protect the sensitive information you give us. Our only goal is to provide the industry with quality outdoor rack enclosures and we keep all information as secure as possible.
Information About Purcell On-Line Visitors
You can visit Purcell on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site.
There are times however, when you use our online services such as our Contact Form, you agree to tell us about yourself. Customarily, we use your information to contact you regarding your request. We will use this information to enhance and personalize your online experience with Purcell Systems, to communicate with you both on and offline about our products and events that may be of interest to you in reference to outdoor rack enclosures, including catalogs, brochures, and information about special promotions, trade shows, events, etc. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our outdoor rack enclosure products. Occasionally, we may make the e-mail addresses of those who provide information available to other reputable organizations whose products or services we think you may find interesting. In addition, we may use your personal information to contact you if we have trouble processing your order for outdoor rack enclosures or any other products or services Purcell Systems offers.
Cookies
There is a technology called "cookies" which is a small bit of data that is sent to your browser and stored on your computer's hard drive that we use to help us retrieve data you may have stored with us. For example, in our section “EcoFlex" (outdoor rack enclosure) and "SiteFlex", we use cookies to help us retrieve the outdoor rack enclosure products that you have saved in these areas. The "Help" portion on the toolbar of most browsers will tell you how to delete your computer's cookies or how to prevent your browser from accepting new cookies. However, cookies allow you to take full advantage of the Purcell Systems website, and we recommend that you leave the feature turned on.
Purcell Systems may occasionally use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous and is not relatable to you. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our advertising service providers. However, Purcell Systems respects your privacy and your right to choose whether to be included in such services. If you would like more information or would like to learn about your ability to opt-out of this type of practice, please email us.
Web Site Links
Purcell's Site may contain links to other Web sites such as Purcell distributors and sales representatives. While Purcell tries to link only to sites that share its high standards and respect for privacy, Purcell cannot take responsibility for the content or the privacy practices employed by other sites.
Policy Changes
If at any time Purcell changes its privacy commitment, Purcell will post those changes here so that you will know what information Purcell gathers and how Purcell might use that information. The new policy will apply to all current and past users of our website and will replace any prior policies. This policy was posted on 3/31/2011.
