Use of this site - disclaimer
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided by PMMS and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the Site.
2. License and Site Access.
PMMS grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make use of the Site. You may view and print limited quantities of material from the Site that PMMS has expressly permitted on the Site, as long as the material is used by you for information only, without further copying. Any rights not expressly granted by this agreement are reserved by PMMS. From time to time, and without notice, PMMS may establish and change its practices and restrictions concerning the use of the Site.
3. Intellectual-Property Ownership and Use.
Any intellectual property associated with the Site, including content and the trademarks, service marks, trade dress, copyrights and patents appearing on the Site or referenced in it, are the sole property of PMMS or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the Site except as specified in Section 2, or as otherwise expressly authorized by PMMS in writing.
4. Restrictions on Use.
The Site is protected by Australian and international law, including copyright and trademark laws. Your license does not include: any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements.
5. Product and Service Information.
The Site provides users with information regarding current and upcoming PMMS products and services and promotional offers. Product and service descriptions and promotional offers on the Site may vary from time to time. Due to differences in equipment and other technical issues, as well as the possibility of typographical error, product and service descriptions and promotional offers may not be complete, current or accurate. PMMS cannot guarantee that any particular product or service or promotional offer displayed on the Site will be available at any time or will ever be made available at all. Certain products or services or promotional offers may, without notice, be subject to restrictions, whether as to quantity, minimum age requirements, or otherwise.
6. Your Information and Privacy Considerations.
In order to take advantage of the full capabilities of the Site, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us.
Websites linked to the Site are likely governed by their own policies. PMMS is not responsible for those policies and expressly disclaims any liability relating to any aspect of any such linked site.
You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the Site and any associated PMMS service, as well as services or software that may in the future be provided by us or on our behalf.
7. Disclosure of Content Monitoring.
As an express exception to the foregoing, PMMS reserves the right to disclose information gathered from the Site and any PMMS service associated with it if required to do so by law or if done in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, Site and PMMS-service benefits, property or personal safety of PMMS, Site users or the public. You therefore authorize us to disclose any information about you to effectuate that purpose as we, in our sole discretion, believe necessary or appropriate.
8. No Warranty.
The site, including any content or information contained within it and any linked website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, PMMS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In particular, PMMS makes no representation or warranty of any kind as to the application of any of the intellectual property tools (including but not limited to techniques, strategies, templates, ideas) that are contained on the Site.
Without limitation to the foregoing, PMMS makes no representation or warranty of any kind as to any linked website or, (a) that there will be no interference with your enjoyment of the Site; (b) that information provided to you will fulfill any particular purpose or need; (c) that information is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected.
9. Limitation of Liability.
IN NO EVENT SHALL PMMS, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE SITE OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
At any time, and without notice, PMMS may modify, update, or otherwise change the terms of this agreement or the Site. You agree that you are deemed to be apprised of, and that you are bound by, those changes, immediately upon the posting of them.
Termination of any subscriptions will occur upon expiry of that subscription if not renewed. In addition, PMMS may, in its sole discretion, terminate your subscription licence and/or use of the Site, or any of the products or services contained on the site, or cancel or terminate this agreement for any reason, without prior notice. In this event PMMS will refund the cost of any unused period of the subscription licence that has been terminated.
Upon termination or cancellation of this agreement, you will immediately discontinue use of the Site. In its sole discretion, and at any time, PMMS may also discontinue providing the Site or any part of it, with or without notice. PMMS shall not be liable to you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10, 11, 12 and 13 shall survive termination of this agreement.
12. Jurisdiction and Choice of Law.
All claims regarding the Site shall be governed according to the laws of Commonwealth of Australia.
13. Complete Agreement.
This agreement constitutes the entire agreement between you and PMMS with respect to use of the Site, superseding any other agreement between you and PMMS with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.