|Petticoat Creek Press, Inc. Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE USE YOUR BROWSER’S “PRINT” BUTTON TO SAVE A COPY.
These Terms and Conditions apply exclusively to your access to, and use of, this web site and do not alter in any way the terms or conditions of any other agreement you may have with Petticoat Creek Press, Inc. ("PCPi") for products, services, or otherwise.
AtEaseWithTheMedia.com and other web pages within that domain (collectively the "Site") is owned, maintained and operated by PCPi at least in part on a server located in Toronto, Ontario, Canada, as a service to our customers (collectively "User" or "you").
If you do not agree to accept and abide by these Terms and Conditions, do not use the Site. PCPi may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page. Please check this page for periodic changes. Continued use of the Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions as so revised or modified.
Technical questions or comments about the Site may be directed to PCPi's Webmaster. General questions may also be directed to PCPi's Webmaster.
Privacy – Please review the PCPi Web Site Privacy Statement.
1. Ownership/Limited License. PCPi owns or has the right to use all information, content, materials, and other items on the Site, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof (collectively the "PCPi Materials"). Except as otherwise indicated, all PCPi Materials are the copyright property of PCPi, ALL RIGHTS RESERVED, or of their respective owners. Subject to these Terms and Conditions, PCPi grants you a non-exclusive, non-transferable, revocable, and limited right to access, use, print, and view the public portions this Site and the public portions of the PCPi Materials. You may electronically copy and print hard-copy excerpts of PCPi Materials only for non-commercial personal use, or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of PCPi Materials, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without prior written permission of PCPi is strictly prohibited. You may not transfer the PCPi Materials to any other person unless they agree to accept and abide by these Terms and Conditions. This Site, including all content, organization, graphics, design compilation, and other matters related to the Site are protected under applicable copyright, trademark, and other intellectual property laws of Canada, the United States and other jurisdictions. You agree to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, you do not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information accessed through the Site. Page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of PCPi, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PCPi. You agree to not interrupt or attempt to interrupt the operation of the Site in any way.
2. Submissions. Except as provided in a separate written agreement between you and PCPi, you agree that any submitted materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information provided by you in the form of e-mail or submissions to PCPi, or postings to the Site (collectively the "Submitted Material), are non-confidential and shall become the sole property of PCPi to the fullest extent permitted by applicable law. PCPi shall own exclusive rights and shall be entitled to unrestricted use of the Submitted Material for any purpose, without acknowledgement or additional compensation to you. In the event applicable law or other agreements prevent PCPi from becoming the sole owner of any Submitted Material, then this provision shall be effective as granting to PCPi (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, offer for sale, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in any other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in any such material, without any obligation of accounting.
3. Copyright Infringement. The agent designated to receive and act on copyright violations under the United States Digital Millennium Copyright Act (DMCA) is
Kevin J. Weber
Dickinson Wright LLP
120 Adelaide Street West, Suite 2107
Toronto, Ontario, Canada M5H 1T1
4. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE PCPi MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PCPi DOES NOT WARRANT OR REPRESENT THAT THE SITE, THE PCPi MATERIALS, OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE. PCPi DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. PCPi DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJAN-HORSES, AD-WARE, KEYSTROKE-LOGGERSOR OTHER HARMFUL COMPONENTS.
5. Scope of Terms and Conditions/Links. PCPi makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. These Terms and Conditions apply only to this Site and although PCPi may provide links on this Site to other web sites, if you navigate to these web sites, you will leave this Site and do so at your own risk. The links do not imply that PCPi sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. All links to the Site, if created by you in some other web location, must display the Site in a fully operable and navigable browser window and not within a "frame" on the linked-from location. You also agree to not create a false appearance through the appearance, position or other aspects of any such link, that (i) an entity or its activities or products are associated with or sponsored by PCPi, or (ii) damages or dilutes the goodwill associated with the name and trademarks of PCPi or its affiliates.
6. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL PCPi, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE PCPi MATERIALS OR THIS SITE, AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF PCPi IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PCPi AND YOU REGARDING USE OF THIS SITE. THIS SITE AND THE PCPi MATERIALS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION ON DAMAGES.
7. Violations of Terms and Conditions. PCPi reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.
8. Commercial Use. No commercial use of the information (including the PCPi Materials) on or under this web site is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on this web site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual. Notwithstanding the foregoing, the use of spiders that crawl the site for purposes of building or maintaining standard, publicly-available search engine indices (such as those maintained by Google and Yahoo!) are permitted.
9. Jurisdiction/Choice of Law. The laws of the state of Michigan (for users located in the United States), or the laws of the Province of Ontario (for users located in Canada) or the laws of England (for users located outside the United States and Canada) shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing and/or placing orders under this web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. PCPi makes no representation that the PCPi Materials on this Site are appropriate or available for use at any locations outside of Canada and/or the United States. All legal proceedings arising hereunder shall be brought solely in Michigan Any controversy or claim arising out of or relating to your use of this web site or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Michigan in accordance with the commercial arbitration rules of the American Arbitration Association (for users located in the United States), or in Toronto, Ontario, in accordance with the arbitration rules of the Ontario Arbitration Act (for users located in Canada) or in London, England, in accordance with the arbitration rules of the International Chamber of Commerce (for users located outside the United States and Canada). Any judgment upon the award rendered by the Arbitrator(s) may be rendered by any court (including any circuit court) having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
10. Securities Laws. This Site may include statements concerning PCPi's operations, prospects, financial condition and demand for PCPi's products, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond PCPi's control. The Site and the information contained herein do not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.
11. Information/Press Releases. This Site may contain information and press releases concerning PCPi. While this information was believed to be accurate to the best of PCPi's knowledge when put on this Site, PCPi expressly disclaims any duty or obligation to update such information or keep such information current.
13. If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted below. Notwithstanding any of these Terms and Conditions, PCPi reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
14. Access Code Portions. This Site may include restricted portions, pages or content (the "Restricted Material") requiring an access code and not generally available to the public. To access the Restricted Material, if applicable, you must agree to the terms and conditions of our License Agreement, Copyright Agreement, and Non-Disclosure Agreement ("Additional Agreements") and you agree to not access the Restricted Material without a proper and valid access code and only after agreeing to the terms and conditions of the Additional Agreements in addition to these Terms and Conditions of Use.
These Terms and Conditions were posted on April 17, 2009 and updated on March 22, 2013.