you ("User") and Preciva Incorporated ("Preciva"). By accessing and
using the preciva.com web site, User acknowledges that he or she has
read, understood and agrees to comply with the terms and conditions
stated within this Agreement.
Preciva reserves the right to change these terms and conditions
periodically at its sole discretion. Userís continued use of this web
site constitutes acceptance of the terms and conditions stated at the
time of use.
Preciva collects information about the Users of its web sites.
Collection of this information is governed by the
Users agree that all the information posted or accessed will be used
only for informational or educational purposes. There may be no
commercial or other unauthorized use of any interactive features
available on this web site. Users may not engage in any conduct or
action that is prohibited by law or violates any federal, state or local
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks
(collectively, "Marks") used or referred to on this web site are the
property of Preciva, unless otherwise noted. Users may not use, copy,
reproduce, republish, upload, post, transmit, distribute or modify these
Marks in any way without Precivaís prior written permission. The use of
Precivaís Marks on any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by Preciva
except where explicitly noted otherwise. User acknowledges and
agrees that content, including but not limited to text, designs,
photographs, graphics, or other material contained in this web site
("Content") is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. User understands and
agrees that User may not copy, reproduce, republish, distribute, modify
or create derivative works from this Content or otherwise use, transmit,
upload, rebroadcast or publish in any form this Content other than as
expressly authorized by this Agreement without Precivaís prior, written
LINKS TO THIRD PARTY SITES
The Preciva web site may contain links to third party web sites, which
are not under the control of Preciva. Preciva makes no representations
whatsoever about any other web site to which you may have access through
the Preciva web site. When you access a third party web site, you do so
at your own risk and acknowledge that Preciva is not responsible or
liable for any content, advertising, products or other materials
available from such third party sites. User also agrees that Preciva
shall not be liable for any loss or damage of any sort incurred as the
result of using any third partyís web site. Mention of third party
companies and web sites on the Preciva web site is for informational
purposes only and does not constitute an endorsement or recommendation.
Any software that is made available to download ("Software") from this
web site is the proprietary and copyrighted work of Preciva and/or its
third party suppliers. Use of the Software is governed by the End User
License Agreement, which accompanies or is included with the Software
("License Agreement"). An end user's license to use any Software is
conditioned upon Preciva's acceptance of the end user's purchase order
and the end user's review and agreement to, and compliance with, the
License Agreement terms. Preciva reserves the right to reject any
purchase order or license for any reason in Preciva's sole discretion.
Preciva and/or its respective third party suppliers may make
improvements and/or changes in the Software at any time without notice.
Preciva may cease offering the Software for download or discontinue this
web site at any time without notice. Preciva assumes no obligation with
respect to supporting the web site or Software, except as expressly set
forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, PRECIVA HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE
SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT PRECIVA SHALL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM
ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY
ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE
BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF PRECIVA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTE: SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Preciva makes no warranty
that this web site will meet your requirements or that it will be
uninterrupted, timely, secure or error free; nor does Preciva make any
warranty as to the results that may be obtained from the use of this web
site or as to the accuracy or reliability of any information obtained
through this web site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS
DONE AT USERíS OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE DONE TO USERíS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, PRECIVA
PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS
INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF
INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL PRECIVA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY
TO USE THE SITE CONTENT, EVEN IF PRECIVA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
User agrees, at Userís expense, to indemnify, defend and hold harmless
Preciva, its officers, directors, employees, agents, affiliates,
distributors and licensees from and against any judgment, losses,
deficiencies, damages, liabilities, costs and expenses (including
reasonable attorneysí fees and expenses) incurred in connection with any
claim, demand, suit, action or proceeding arising out of Userís breach
of this Agreement or in connection with Userís use of this web site or
any product or service related thereto.
This Agreement and the relationship between User and Preciva shall be
governed by and construed in accordance with the laws of the State of
Oregon. Any controversy or claim arising out of or relating to this
Agreement or relating to use of this web site and the material contained
in this web site shall be resolved in an Oregon court. User agrees that,
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to this Agreement must be filed within
one (1) year after such claim or cause of action arises or will be
The waiver by either party of a breach or right under this Agreement
will not constitute a waiver of any subsequent breach or right. If any
provision of this Agreement is found to be invalid or unenforceable by a
court of competent jurisdiction, such provision shall be severed from
the remainder of this Agreement, which will otherwise remain in full
force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.