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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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