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The
following are terms of a legal agreement
("Agreement") between you and
Percento Technologies International. By
accessing, browsing, surfing, viewing and
using this web site ("Site") you
acknowledge that you have read, understood
and agree to be bound by these terms and
to comply with all applicable laws and regulations.
If you do not agree to these terms, do not
use this Site. Read this Agreement carefully
and be aware that Percento Technologies
International may amend this Agreement at
any time without notice by posting the amended
terms on this Site. Amendments shall become
effective immediately upon posting.
Third Party Links
This
Site may contain links to third party web
sites. Percento Technologies International
makes no representations whatsoever about
any other web site which you may access
through this Site. When you access a third
party web site, understand that it is independent
from Percento Technologies International
and that Percento Technologies International
has no control over the content on that
web site even if Percento Technologies International
provides information or services to the
owner of that web site. In addition, a link
to a third party web site does not mean
that Percento Technologies International
endorses the content of such web site or
accepts responsibility for your use of such
web site. If a link has been provided from
this Site to a third party site, and the
third party site wishes for the link to
be removed, the site may contact Percento
Technologies International to do so. However,
if the third party does not request the
links removal from this Site then the third
party endorses the link.
Inbound
Links
This
Site may have inbound links from third party
web sites. Percento Technologies International
makes no representations whatsoever about
any web site which may have provided you
a link to this Site. A link to this Site
does not mean that Percento Technologies
International endorses the content of such
web site or accepts responsibility for your
use of such web site.
Personally
Identifiable Infomation
Percento
Technologies International uses your personally
identifiable information to fulfill your
requests for information and for other business
purposes as you may solicit. Percento Technologies
International aggregates this personally
identifiable information and may disclose
such information to third parties for marketing
and promotional purposes. Unless you consent
to such disclosure, Percento Technologies
International shall not intentionally disclose
or communicate to any third party your personally
identifiable information except if required
to do so by law or in the good faith belief
that such action is necessary to comply
with law or to protect and defend Percento
Technologies International's rights or property.
How
Percento Technologies International Uses
and Shares Information
Percento
Technologies International takes user privacy
very seriously because Percento Technologies
International knows that your privacy on
the web is very important to you. You can
visit this Site without telling Percento
Technologies International who you are or
providing Percento Technologies International
with any information. However, when you
request information from Percento Technologies
International and supply information that
personally identifies you or allows Percento
Technologies International to contact you,
you are agreeing to share that information
with Percento Technologies International,
its agents, representatives, attorneys and
affiliates. The personally identifiable
information that is collected by Percento
Technologies International includes, but
is not limited to, your name, mailing address,
e-mail address, telephone and fax numbers
and may also include the status of cookies
placed on your computer.
Copyright
and Use of Site Content
The
copyright in all materials provided on this
Site is owned by Percento Technologies International.
Except as stated herein, this site and the
content provided in this site, including,
but not limited to, graphic images, audio,
video, html code, buttons, and text, may
not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed
in any way, without the prior written consent
of Percento Technologies International,
except that you may download, display, and
print one copy of the materials on any single
computer solely for your personal, non-commercial
use, provided that you do not modify the
material in any way and you keep intact
all copyright, trademark, and other proprietary
notices. This permission terminates immediately
if you breach this Agreement. You may not
"mirror" or duplicate any material
contained on this Site without Percento
Technologies International's prior written
consent. Any unauthorized use of the materials
contained on this Site may violate copyright
laws, trademark laws, the laws of privacy
and publicity and/or communications regulations
and statutes. All content and functionality
on this Site, including, but not limited
to, text, graphics, logos, icons, and images
and the selection and arrangement thereof,
is the exclusive property of Percento Technologies
International or its licensors and is protected
by U.S. and international copyright laws.
All rights not expressly granted are reserved.
Visitors
Postings and Submissions
You
acknowledge and agree that Percento Technologies
International owns and has the unrestricted
right to use, publish, in electronic form
and otherwise, distribute and exploit any
and all information that you post or otherwise
publish on this Site or send to Percento
Technologies International. You hereby waive
any claim against Percento Technologies
International for any alleged or actual
infringements of any rights of privacy or
publicity, moral rights, or rights of attribution
in connection with Percento Technologies
International's use and publication of such
submissions. By submitting any creative
ideas, concepts, know-how, techniques, suggestions
or materials (collectively, "Submissions"),
you automatically grant to Percento Technologies
International a perpetual, royalty-free,
non-exclusive, unrestricted, worldwide and
irrevocable right and license to use, reproduce,
modify, publish, translate, prepare derivative
works based upon, distribute, perform or
display such Submissions, in whole or in
part, in any form, media or technology known
or hereafter developed for any purpose,
including, but not limited to, advertising
and promotional purposes. This means that
anything submitted by you to Percento Technologies
International shall be owned by Percento
Technologies International and may be used
by Percento Technologies International for
any purpose, now or in the future, without
any payment to or further authorization
by you. You covenant that you shall not
post or otherwise publish on this Site any
materials that: (i) are threatening, libelous,
defamatory, or obscene; (ii) would constitute
or that encourage conduct that would constitute
a criminal offense, give rise to civil liability
or otherwise violate law; (iii) infringe
the intellectual property, privacy or other
rights of any third parties; (iv) contain
a computer virus or other destructive element;
(v) contain advertising; or (vi) constitute
or contain false or misleading statements.
Percento Technologies International reserves
the right to refuse to post and the right
to remove any Submissions or other information,
in whole or in part, for any reason.
Reliance
of Information
Information
on this Site should not be relied upon for
making business, investment or other decisions
or used as a substitute for consultation
with professional advisors. Moreover, Percento
Technologies International does not represent
or endorse the accuracy or reliability of
such information that is posted, displayed,
uploaded, downloaded or distributed through
this Site by Percento Technologies International,
any user, information provider or any other
person or entity. You acknowledge that any
reliance upon such information shall be
at your sole option and risk.
Site
Access and Errors
There
may be delays, omissions or inaccuracies
in information obtained by you through your
use of this Site. Percento Technologies
International may alter, suspend or discontinue
this Site or your access to use this Site
at any time for any reason without notice
or liability. This Site may become unavailable
due to maintenance or malfunction of computer
equipment or for other reasons and may result
in damages to your computer system, software,
data or operations. You shall be solely
responsible for ensuring that any information
or content obtained from this Site does
not contain any virus or other computer
software code or subroutine designed to
disable, erase, impair or otherwise damage
your computer system, software or data.
DISCLAIMER
OF WARRANTIES
THIS
SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED
ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, Percento Technologies
International DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING ITS CONTENT
PROVIDED ON THIS SITE HEREUNDER, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABLITIY,
ACCURACY, COMPLETENESS, CONDITION, PERFORMANCE,
OR FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFOMANCE, INCLUDING
ANY WARRANTY REGARDING ANY BENEFIT THAT
MIGHT BE OBTAINED FROM THE SERVICES PROVIDED
HEREUNDER. FURTHERMORE, Percento Technologies
International DOES NOT WARRANT THAT: (1)
THE INFORMATION ON THIS SITE IS CORRECT,
ACCURATE OR RELIABLE; (2) THE FUNCTIONS
CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED
OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES
THEM AVAILABLE TO YOU ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU HEREBY
ACKNOWLEDGE THAT USE OF THIS SITE IS AT
YOUR SOLE RISK. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 WHICH PROVIDES: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL Percento Technologies
International OR ANY OF ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS
AND THE RESPECTIVE HEIRS, SUCCESSORS AND
ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR
ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES THAT ALLEGEDLY RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THIS SITE OR
THE INFORMATION CONTAINED ON THIS SITE OR
OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING
FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THIS SITE, EVEN IF Percento Technologies
International HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL Percento
Technologies International'S AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS
TOTAL LIABILITY TO YOU OR ANY THIRD PARTY
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN WHICH CASE SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
ALL USERS.
Indemnification
You
hereby indemnify, defend, and hold harmless
Percento Technologies International and
its subsidiaries, affiliates, officers,
directors, investors, employees, representatives,
and attorneys (collectively, the "Indemnified
Parties") from and against any and
all liability, damages and costs, including,
without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties
in connection with any claim arising out
of or relating to any breach by you of this
Agreement or the representations, warranties,
and covenants you have made by agreeing
to the terms of this Agreement. You shall
cooperate as fully as required in the defense
of any such claim. Percento Technologies
International reserves the right, at its
own expense, to assume the exclusive defense
and control of any matter subject to indemnification
by you.
Enforcement
and Governing Law
This
Agreement is governed and interpreted pursuant
to the laws of the State of Texas, United
States of America, notwithstanding any principles
of conflicts of law. Any claims or disputes
arising out of, or relating to Percento
Technologies International's Site, shall
be subject to and decided by arbitration
in accordance with the Commercial Rules
of the American Arbitration Association
currently in effect. The arbitration shall
be held in the United States, in Houston,
Texas, before a panel of three arbitrators.
Each party shall bear its own expense of
arbitration. The arbitrators may award pre-award
interest but shall not award consequential
or punitive damages. The award rendered
by the arbitrators shall be final, and judgment
may be entered upon it in accordance with
applicable law in any court having jurisdiction
thereof.
Notices
of Infringement
Percento
Technologies International prohibits the
posting of any information that infringes
or violates the copyright rights and other
intellectual property rights (including
rights of privacy and publicity) of any
third party. If you believe that any material
contained on this Site infringes your copyright
or other intellectual property rights, you
must notify Percento Technologies International
of your infringement claim in accordance
with the following procedure. Percento Technologies
International shall process notices of alleged
infringement which it receives and shall
take appropriate action as required by the
Digital Millennium Copyright Act ("DMCA").
The DMCA requires that notifications of
claimed infringement should be sent to this
Site's Designated Agent who is:
Percento
Technologies International
580 Westlake Park Boulevard, Suite 110
Houston, TX 77079
phone: (281) 598-2235
fax: (281) 598-2253
To
be effective, the notification must be in
writing and contain the following information
(DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a
person authorized to act on behalf of the
owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work
claimed to have been infringed, or, if multiple
copyrighted works at a single online site
are covered by a single notification, a
representative list of such works at that
site;
3. Identification of the material that is
claimed to be infringing or to be the subject
of infringing activity and that is to be
removed or access to which is to be disabled,
and information reasonably sufficient to
permit the service provider to locate the
material;
4. Information reasonably sufficient to
permit the service provider to contact the
complaining party, such as an address, telephone
number, and, if available, an electronic
mail address at which the complaining party
may be contacted;
5. A statement that the complaining party
has a good faith belief that use of the
material in the manner complained of is
not authorized by the copyright owner, its
agent, or the law; and
6. A statement that the information in the
notification is accurate, and under penalty
of perjury, that the complaining party is
authorized to act on behalf of the owner
of an exclusive right that is allegedly
infringed.
United States law provides significant penalties
against those who submit false statements.
Entire Agreement
This Agreement constitutes the entire agreement
between you and Percento Technologies International
with respect to the subject matter of this
Agreement and supersedes and replaces all
prior or contemporaneous understandings
or agreements, written or oral, regarding
that subject matter. Any waiver of any provision
of this Agreement shall be effective only
if in writing and signed by Percento Technologies
International.
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