PERI Terms and Conditions of Use of peri-usa.com
1. GENERAL REMARKS. Welcome. By accessing the PERI Website, you agree to be bound by these Terms of Use.
2. DEFINITIONS:
2.1.1 "PERI USA” means PERI Formwork Systems, Inc., the publisher/author of the PERI Website; however, any benefits of these Term and Conditions shall inure to the benefit of any affiliates to the extent of any applicable rights in the Intellectual Property Rights and/or Electronic Content made available on the PERI Website and the term PERI USA shall include any affiliates to the extent applicable to such rights.
2.1.2 ”You” or “your” means Visitor(s) to the PERI Website.
2.1.3 "PERI Website” means the website found at https://www.peri-usa.com available to visitors, and all Electronic Content and features on the PERI Website available to visitors, as well as these Terms of Use, as may be amended from time to time.
2.1.4 “Visitor(s)” or “visitor(s)” means any person or persons visiting the PERI Website.
2.1.5 “Intellectual Property Rights” means without limitation all patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. Visitors acknowledge that the PERI Website and its Electronic Content, along with any Intellectual Property Rights contained therein or related thereto, are protected by law. All rights not specifically given to the visitors are expressly reserved by PERI USA or, as applicable, any affiliates with ownership rights to the same.
2.1.6 “Electronic Content” means all products, services and content available in or through the PERI Website. The Electronic Content on the PERI Website may include specific project information and comprehensive product information regarding select projects. The Electronic Content on the PERI Website also may include technical documents, including data and brochures, for materials supplied by PERI USA or its affiliates (hereinafter called “technical documents”).
3. COPYRIGHT. The entire contents of the PERI Website are protected by copyright (unless otherwise indicated on the title page of the article).
4. GENERAL RESTRICTIONS. Except as otherwise permitted under these Terms of Use, you may not (a) use the PERI Website for any purpose other than those permitted under these terms; (b) reverse engineer, decompile, or disassemble the PERI Website; (c) sell, rent, lease, lend, distribute, market or create a lien or security interest in the access rights granted under these terms or the Electronic Content; (d) remove or obscure any proprietary notices, labels, brandings, or markings included on the PERI Website; (e) use the access rights to provide services to third parties, sell, sublicense or otherwise commercialize outputs derived or realized from your use of the PERI Website; (f) download, print, copy, circulate, publish, reproduce, or otherwise commercially exploit information or Electronic Content that is part of or accessible from the PERI Website; (g) use the PERI Website to send spam or otherwise unlawful email messages; (h) use the information or Electronic Content obtained from the PERI Website to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy or intellectual property rights; (i) knowingly use the PERI Website to send or store material containing any harmful computer code; (j) knowingly interfere with or disrupt the integrity or performance of all or any part of the PERI Website, (k) attempt to circumvent the security features or otherwise gain unauthorized access to unauthorized portions of the PERI Website; (l) modify, copy or create derivative works from any code from the PERI Website; or (m) disassemble, reverse engineer, or decompile any code for any part of the PERI Website in order to create a product or service that is competitive with the services provided by PERI USA or its affiliates.
5. RESERVATION OF RIGHTS/OWNERSHIP. ALL RIGHTS IN THE PERI WEBSITE NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PERI USA (or, if applicable, its affiliate with rights in the same). The PERI Website may be protected by United States and international copyright laws and treaties, as well as patent and other intellectual property laws and treaties. Except for the rights granted by PERI USA hereunder, all title, copyright, patent and other proprietary rights, including trade secrets (if any), in and to all Electronic Content and related to the PERI Website are owned solely and exclusively by PERI USA and/or its affiliates. PERI USA reserves the right to store the access history of the Visitor(s), including, but not limited to, logon history, download history, for the PERI Website for a period of time. PERI USA has no obligation to share this access history absent a court order or agreement to do so.
6. PERI LOGO. PERI's logo is a registered trademark. The logo is protected by law and may not be used without the express written permission of PERI USA (or, if applicable, its affiliate with rights in the same), which retains the exclusive right to grant or refuse permission to use its logo. Any other logos and brand names displayed on the PERI Website are the exclusive intellectual property of their respective owners. To the extent applicable, these items are licensed to PERI USA but remain the property of their respective owners.
7. ACCURACY OF INFORMATION. While all reasonable attempts have been made to ensure the accuracy of information on the PERI Website, PERI USA is not responsible for any errors, inaccuracies, or incomplete information contained therein. PERI USA reserves the right to correct, change, or update any information on these sites at any time without prior notice.
8. DISCLAIMER. YOU USE THE PERI WEBSITE AT YOUR OWN RISK. THE ELECTRONIC CONTENT AND ALL FEATURES ON THE PERI WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, PERI USA, AS WELL AS ITS AFFILIATES, DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ACCURACY OF INFORMATIONAL CONTENT. PERI USA, ALONG WITH ITS AFFILIATES, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PERI WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERI USA, ALONG WITH ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSSES OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR THE INABILITY TO USE, THE PERI WEBSITE. PERI USA IS NOT RESPONSIBLE FOR ANY CHARGES ASSOCIATED WITH ACCESSING THE PERI WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER EQUIPMENT, TELEPHONE OR INTERNET CONNECTIONS AND ACCESS SOFTWARE. PERI USA MAY MODIFY ANY OF THESE TERMS AND CONDITIONS AT ANY TIME. A VISITOR’S CONTINUED USE OF THE PERI WEBSITE SHALL BE CONCLUSIVELY DEEMED ACCEPTANCE OF SUCH MODIFICATIONS. IF YOU ARE DISSATISFIED WITH THE PERI WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Any use of the word partner or similar term or verbiage in PERI marketing or written materials is in the colloquial sense and does not imply that PERI has formed or intends to form any type of legal or equitable partnership, joint venture, fiduciary relationship, or association with any past, current, or prospective customers that is legally binding against PERI. PERI and its customers are independent contractors, and nothing in PERI’s marketing, other materials or contracts to lease or sell formwork, scaffolding and related equipment, supplies and services to its customers shall be deemed to constitute any other form of relationship, expressly or by implication. No current, former, or prospective customer has any implied right or express authority to assume or create any obligations on behalf of or in the name of PERI or to bind PERI to any other contract, agreement or undertaking with any third party.
9. THIRD-PARTY LINKS. The PERI Website may provide links to third-party websites or to downloads or applications provided by third-parties, including, but not limited to, websites or applications owned, managed or administered by affiliates of PERI, including, but not limited to, the application myPERI. When you link to those sites, you are leaving the PERI Website. Where such links exist, PERI USA disclaims all responsibility and liability for the content of such third-party websites. Visitors assume the sole responsibility for accessing third-party websites and the use of any content appearing on them. PERI USA recommends that the Visitor carefully read and retain the contractual terms of use of the third-party provider of such websites or applications. For the use of the application of the third-party provider, including any affiliates of PERI USA, the contractual terms of use of the respective third-party provider apply. Neither these Terms of Use, nor the Privacy Policy on this PERI Website apply to the use of third-party applications or websites. PERI USA makes no representation or warranty that any website, or the information contained therein, may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any visitor accessing the PERI Website from outside the United States does so at the visitor‘s own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made. PERI USA expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. Your use of any third-party links is at your own risk. You further acknowledge and agree that PERI USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such third party link, site or resource. Information on the PERI Website may contain references or cross references to products, programs, and services that are not announced or available in your country.
10. LINKS/SCREENSHOTS. Unauthorized use of images from PERI Websites to create links to PERI USA is strictly prohibited. Unauthorized use of screen shots of pages from PERI Websites is strictly prohibited, without written permission from PERI USA (or, if applicable, its affiliate with rights in the same).
11. SECURITY. You are prohibited from violating or attempting to violate the security of the PERI Website. You may not, directly or indirectly through others: (a) access data not intended for you or log into a server or account that you are not authorized to access; (b) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with service to any user, host, or network, including, without limitation, submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) send unsolicited email, including promotions or advertising of products or services, to email addresses accessed through the site; (e) forge any part of information in any Electronic Content; (f) use any device, software, or routine to interfere or attempt to interfere with the proper working of the PERI Website, or of any activity conducted on or through the site; or (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate through or search the PERI Website. Any action that imposes an unreasonable or disproportionately large load on PERI infrastructure is prohibited. Violations of system or network security may result in civil or criminal liability. PERI USA (or, if applicable, its affiliate with rights in the same) will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
12. TERMINATION OF USE. Any violation of these Terms of Use may result in legal action against the Visitor. PERI USA (or, if applicable, its affiliate with rights in the same) may, in its sole discretion and at any time, modify or terminate the PERI Website and remove or refuse to post any information, content, materials, or other offering.
13. REPRESENTATIONS/WARRANTIES. PERI USA represents and warrants that (a) the PERI Website will not violate or infringe any United States registered patent or copyright; (b) PERI USA (or, if applicable, its affiliate with rights in the same) maintains industry standards and protocols and procedures designed to (i) prevent unauthorized access to the PERI Website, (ii) prevent disabling devices including, but not limited to, codes, commands or instructions that may be used to access, alter, delete, damage or disable the PERI Website; and (c) PERI has not received written notice that the PERI Website violates any laws applicable to PERI’s business.
14. LIMITATION OF LIABILITY. PERI, AS WELL AS ITS AFFILIATES, IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PERI WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND
15. PROVISIONS. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of PERI USA, and the remainder of the Agreement will remain in full force and effect.
16. BINDING ARBITRATION. Any dispute arising from these Terms of Use, or your use of the PERI Website are subject to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and you agree that you have waived your right to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and PERI USA concerning the PERI Website, any affirmations or information contained therein, or these Terms of Use, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Intellectual Property Rights. The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Maryland and will be governed by Maryland law without regard to conflicts. These Terms of Use govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. You must file in arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it is permanently barred.
17. INFORMATION COLLECTED. PERI USA collects information you voluntarily provide, including your name, employment information, email address, phone number, physical address, or additional information you choose to provide. This information is collected when you contact us through the submission of an online form. PERI USA (alone, or together with or through, its third-party website administrator), may also collect technical information including, but not limited to, device type, operating system, browser type, Internet Protocol (“IP”) address, internet service provider (“ISP”) domain name, pages visited and other activities on the PERI Website, and time and date of visit. PERI USA may use cookies or similar technologies to collect such information for business purposes. See the Privacy Policy to learn more about the use of this information and the choices available to you.