PaceWorks recognizes the importance of protecting the privacy of all information provided by users of PaceWorks Website (the ”Website”).
INFORMATION COLLECTED BY THE WEBSITE
USE OF INFORMATION
PaceWorks will not reveal to any third party a user’s personal information provided to us through the Website except in the following circumstances: we have your permission or consent to share the information; we need to send the information to companies who work on behalf of PaceWorks to provide a product or service to you; we are responding to subpoenas, court orders or other legal proceedings; or we sell or acquire another business, or are acquired by another business, in which case such information may be one of the business assets transferred.
The Website uses session cookies to deliver content specific to users’ interests and to honor their preferences. This information is used to assist us in creating a site that will serve the needs of our users.
PaceWorks is not responsible for the content or the privacy polices of websites to which it may provide links or the websites of those entities which advertise on our Website.
PaceWorks uses reasonable precautions to keep the personal information disclosed to us by our users secure and to disclose such information only after obtaining permission from the user (except under the circumstances discussed above).
AGREEMENT BETWEEN USER AND PLACEWORKS
The PaceWorks reserves the right to change the Website as well as the terms, conditions and notices under which the Website is offered, including but not limited to any charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions. Your use of the Website shall be conclusively deemed an acceptance of these terms.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise agreed in writing by PaceWorks, the Website is for your personal and non-commercial use. PaceWorks grants you a limited, revocable and nonexclusive license to access and make personal use of the Website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the Website without express written consent from PaceWorks. You may not create a hyperlink to the Website on any other website or location on any computer network without express written consent from PaceWorks.
TRADEMARKS AND COPYRIGHTS
All content on Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of PaceWorks or its content suppliers and protected by United States and international copyright laws. Unauthorized duplication is a violation of these laws and may subject you to civil and criminal penalties.
PaceWorks and other marks indicated on the website are registered trademarks of PaceWorks or its affiliates, in the United States and other countries. PaceWorks graphics, logos, page headers, button icons, scripts and services names are trademarks and trade dress of PaceWorks or its affiliates. The PaceWorks’ trademarks and trade dress may not be used in connection with any other party’s product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to PaceWorks. All other marks not owned by PaceWorks or its affiliates are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of PaceWorks or its affiliates without express written consent. You may not use any meta tags or any other ”hidden text” utilizing PaceWorks’ name or trademarks without PaceWorks’ express written consent.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to PaceWorks that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use Website in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ”Communication Services”). Your use of the Website constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct, send or forward surveys, contests, pyramid schemes, chain letters, mass mailings or any form of ”spam”; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
PaceWorks reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PaceWorks’ sole discretion.
PLACEWORKS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE WEBSITE OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ”AS IS” WITHOUT WARRANTIES OF ANY KIND AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE ”CLIENT” WEBSITE IS AT YOUR SOLE RISK. PLACEWORKS DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM PLACEWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLACEWORKS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL PLACEWORKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLACEWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Any dispute relating in any way to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Santa Ana, California, except that, to the extent you have in any manner violated or threatened to violate PlaceWorks’ intellectual property rights, PlaceWorks may seek injunctive relief or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.