The materials on this web site are provided by Perceptive Solutions, Inc.® ("Perceptive") as a service and may be used for informational purposes only. Perceptive Solutions is a registered trademark. All other registered or unregistered trademarks and service marks are properties of their respective companies and should be treated as such.
Partners and Alliances Disclaimer:
Nothing in this Web site shall be construed so as to constitute any
named entity as a legal partner or joint venturer, or agent of any
other named entity, or to require or entitle any entity to share
profits or gains or ownership interests in or from any property or
activities.
Links to Third-Party Web Sites:
The Web Site may contain links to other web sites that are not controlled
by Perceptive. Perceptive is not responsible and assumes no liability
for the contents of any of these web sites, and unless expressly
stated does not endorse, nor shall the links be inferred as an endorsement
of, these web sites or their contents, products, or services.
Third Party Links to this Web site:
You may not create links to this site from your own site without Perceptive’s
prior written consent.
Use Of Trademarks
The trademarks, logos, and service marks displayed on the Web Site
are the property of Perceptive and various third parties. You may
not use marks found on the Web Site without the prior written consent
of Perceptive or such third parties. More information on Perceptive’s
marks can be found at the Perceptive Trademarks page.
Privacy Statement
We understand privacy is a concern. Perceptive maintains privacy practices
that we feel strike a fair balance between your needs as a consumer
and the needs of our business. Your use of the Web Site and acceptance
of these Terms of Use includes your consent to Perceptive’s privacy
practices. Please direct any questions you might have about our privacy
practices to privacy@perceptive-inc.com.
Use Of Content
You acknowledge and agree that as between you and Perceptive and its
licensors the Content, including its selection, arrangement, and
associated "look and feel" of the Web Site is owned by
Perceptive and/or its licensors and protected by their rights under
copyright, trademark, patent, and/or other applicable laws, and any
misuse of the Content will violate such laws and these Terms of Use.
Except as expressly provided herein, neither Perceptive or its licensors
grant any express or implied rights to use the Web Site/Content,
including, without limitation, to copy, frame, download, modify,
sell, assign, distribute, license/sublicense, reverse engineer, or
create derivative works. You may, however, view, copy, print, and
download Content solely for personal, non-commercial and information
gathering purposes (and in the case of a business entity as reasonably
necessary for internal business purposes related to the decision
to purchase or in furtherance of the purchase of a Product/Service);
provided that the Content is not altered or modified, and copyright
or other proprietary notices remain on all copies of the Content.
Perceptive and its licensors reserve all rights in and to the Content
not expressly granted.
Prohibited Use
In connection with your use of the Web Site you agree not to (a) upload,
post, or otherwise transmit any viruses or other harmful, disruptive,
or destructive files; (b) access or attempt to access any Content,
Product, or Service you are not authorized to access; (c) disrupt
or interfere with the security of, or otherwise cause harm to, the
Web Site, or any systems, accounts, passwords, servers, or networks
connected to or accessible through the Web Site; (d) use any data
mining, robots, or similar data gathering and extraction methods;
or (e) post, transmit, or access through the Web Site materials that
would violate any law or the rights of others, including, without
limitation, any threatening, harassing, defamatory, or obscene materials,
materials that violate laws against copyright infringement, rights
of privacy and publicity, or junk mail, spam, chain letters, or other
unsolicited bulk e-mail, commercial or otherwise. Further, you agree
to abide by all local, state, national and international laws and
regulations applicable to your use of the Web Site, Content, Products,
or Services.
Accuracy Of Content
Perceptive uses reasonable efforts to provide accurate and up-to-date
information on the Web Site, however, we make no warranties or representations
as to its accuracy and assume no liability or responsibility for
any typographical or other errors or omissions. In the event a product/service
is presented with incorrect information, such as pricing, Perceptive
shall have the right to refuse or cancel orders placed for the product/service
listed incorrectly, and your sole remedy will be a refund of the
purchase price.
Warranties And Disclaimers:
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN
YOU AND PERCEPTIVE THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION,
THE CONTENT FOUND ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PERCEPTIVE
BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE US OF,
OR INABILITY TO USE, THIS WEBSITE. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notification Of Copyright Infringement
Potential copyright infringement must be reported to Perceptive’s
Copyright Agent in the manner specified.
Indemnity
You agree to indemnify and hold Perceptive, and its subsidiaries, affiliates,
officers, agents, partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising from your violation of the Web Site Terms
of Use, any applicable law, or the rights of any third party.
Governing Law/Jurisdiction And Arbitration
The Web Site Terms of Use and all aspects of your use of the Web Site
shall be governed, construed and interpreted in accordance with the
laws of the State of Georgia, without giving effect to principles
of conflicts of law or to the Convention on Contracts for the International
Sale of Goods. Any dispute, controversy or difference arising out
of, in relation to, or in connection with, the foregoing, which cannot
be settled by mutual agreement, shall be finally settled by arbitration.
If Perceptive initiates arbitration, it shall take place in Gwinnett
County, Georgia; if you initiate arbitration, it will be held in
Gwinnett County, Georgia. You and Perceptive agree and hereby submit
to the exclusive personal jurisdiction of these locations. The arbitration
will be conducted under the Commercial Dispute Resolution Procedures
of the American Arbitration Association (September 1, 2000). The
award resulting from such arbitration shall be final and binding
on the parties. Notwithstanding the foregoing and pending the completion
of arbitration, either party may request injunctive or other equitable
relief in connection with such dispute, controversy or difference,
to protect its rights and/or property at any court, within the aforementioned
geographic areas, having jurisdiction, without first resorting to
arbitration.
General Terms
The Web Site Terms of Use sets forth the entire understanding between
you and Perceptive with respect to the subject matter hereof and
supersede all prior oral or written understandings, communications
or agreements not specifically incorporated herein. Any failure by
Perceptive to enforce or exercise any provision of the Web Site Terms
of Use or related right shall not constitute a waiver of that right
or provision. The Web Site Terms of Use shall be construed without
regard to any presumption or rule requiring construction against
the drafter. The captions and section headings are for convenience
only and are not form a part of the agreement and shall not be used
in construing it. The Web Site is operated by Perceptive from its
offices within the United States, more specifically Georgia, and
all information provided by you and gathered by Perceptive is processed
in the United States. Perceptive makes no representation that the
Web Site, Content, or Services are appropriate or available for use
at other locations outside the United States, and access to the Web
Site from territories where the Web Site, Content, Products, or Services
are illegal is prohibited. If you access the Web Site from a location
outside the United States, you are responsible for compliance with
all local laws.
NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
Last Modified: July 7, 2005
© 2006 Perceptive Solutions, Inc. Alpharetta,
GA 30004
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