TERMS OF USE
Welcome to the website of P11. (collectively, the "Website"). You may have access to various information, resources, forums, products, and services (collectively, the "Services") through the Website and otherwise.
By using our Services, you agree to these Terms of Service ("Terms") on behalf of all persons and businesses for whom you are acting, you are deemed to have fully consented to the terms and conditions set forward in this agreement. Please read them carefully. If you do not agree to the Terms, you must immediately cease your use of the Website and the Services.
WE MAY ADD, REMOVE, OR CHANGE ANY OF THESE TERMS FROM TIME TO TIME IN OUR DISCRETION. THE MOST CURRENT VERSION OF THE TERMS WILL ALWAYS BE LOCATED HERE, PLEASE REVIEW THEM REGULARLY. YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE SUBJECT TO THE THEN CURRENT TERMS THAT WE MAKE AVAILABLE ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU DO NOT AGREE TO THOSE TERMS, IMMEDIATELY DISCONTINUE YOUR USE OF OUR WEBSITE AND THE SERVICES AS YOUR SOLE RECOURSE. IF YOU DO USE OUR WEBSITE AND THE SERVICES, THEN YOU ARE CONSIDERED TO HAVE ACCEPT THIS TERMS.
You can stop using our Services at any time. WE MAY ALSO SUSPEND OR STOP PROVIDING ANY SERVICE, OR CHANGE, LIMIT OR IMPROVE ANY OF OUR SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
Affiliates and Distributors
You may receive some of our Services, including hardware products, from one of our affiliates or from a third party distributor or reseller. For Services that you may receive from one of our affiliates, these Terms also govern between you and the affiliate in relation to those items. For items that you receive from a third party distributor or reseller, these Terms govern any rights and obligations between you and us, and govern your use of any distributed Services.
Accounts
You may need an account with us in order to use some of our Services. You represent that all information provided by you to establish and maintain your account is accurate, true, current, and complete. You may not use a user name, identification or email address that is confusing or inappropriate.
We may terminate your account without prior notice if any of the information provided is discovered to be inaccurate, false, not up-to-date, incomplete, or if you engage in any inappropriate use of your account. We reserve the right to refuse or cancel the Services, terminate your account, or remove or edit content on the Website in our sole discretion.
In connection with your use of the Services, you agree and consent to us sending you announcements, administrative messages, and other information about our Services. You may opt out of some, but not all, of those communications.
Please read our Privacy Policy, which is incorporated by reference into these Terms and explains how we use and share information that we collect or that you provide to us.
You are responsible for all statements made and acts that occur through the use of your account user name or identification and password. You are responsible for maintaining the confidentiality of your user name and password. If your user name or password is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us.
You can notify us by sending an email to: support@p11.ca. Email sent to the address provided in the contact information of your account will be sufficient notice to you for all purposes.
Submitted Content
During your use of the Website or Services, you may submit content such as comments, reviews or suggestions related to the Website or Services (collectively, "Content").
With respect to your Content, you represent that such items, except for any of your trademarks, do not contain confidential or proprietary information of yours or any third party.
You may not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you make. You have full responsibility for all Content you make, including its legality, reliability and appropriateness. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through our Website. We are not required to monitor, police or remove any Content or other information submitted by you or any other user.
WITH RESPECT TO YOUR CONTENT, YOU GRANT TO US A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, FULLY PAID UP, TRANSFERABLE, SUB-LICENSABLE, UNRESTRICTED RIGHT AND LICENSE UNDER ALL INTELLECTUAL PROPERTY RIGHTS TO YOUR CONTENT TO USE, REPRODUCE, PROCESS, ADAPT, PUBLICLY PERFORM, PUBLICLY DISPLAY, MODIFY, PREPARE DERIVATIVE WORKS, PUBLISH, TRANSMIT AND DISTRIBUTE EACH YOUR CONTENT, OR ANY PORTION THEREOF, IN ANY FORM, MEDIUM OR DISTRIBUTION METHOD NOW KNOWN OR HEREAFTER EXISTING, KNOWN OR DEVELOPED, AND AUTHORIZE OTHERS TO USE THE CONTENT. WE MAY MODIFY OR ADAPT YOUR CONTENT IN ORDER TO TRANSMIT, DISPLAY OR DISTRIBUTE THEM OVER COMPUTER NETWORKS AND IN VARIOUS MEDIA OR MAKE CHANGES TO THE CONTENT AS NECESSARY TO CONFORM AND ADAPT THEM TO ANY REQUIREMENTS OR LIMITATIONS OF ANY NETWORKS, DEVICES, SERVICES OR MEDIA, AND MAY USE OR INCORPORATE YOUR CONTENT IN DEVELOPING OUR SERVICES.
Remote Product Updates
We may patch, update, upgrade or modify the Website or Services at any time with or without notice to you. We have no obligation to make available any patches, updates or modifications or correct any errors or defects in the Website or Services. You acknowledge and agree that we may access the Services (including hardware products) for device and system configuration and updates consistent with the generally available documentation for such Services.
Copyrights and Trademarks
P11 retains ownership and copyright to all website designs, website developments, and graphic design created for its clients, ownership is transferred upon completion of services and full payment. We respect the intellectual property rights of others. If you believe that your copyright or trademark rights in a work belonging to you have been infringed upon or violated and appears on the Website, please provide written notice to the following P11 agent for a notice of claim of copyright infringement:
P11
ATTN: Copyright Administrator
508-1688 Pullman Porter St.
Vancouver, BC, V6A 0H3
Canada
Your written notice must meet the following requirements:
· Contain your physical or electronic signature;
· Identify the copyrighted work alleged to have been infringed;
· Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
· Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
· Contain a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law;
· Contain a statement that the information in the written notice is accurate; and
· Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to us designated agent that includes all of the following information:
· Your physical or electronic signature;
· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
· A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Warranty & disclaimers
This Website and our Services are provided on an "as is" and "as available" basis and all Materials provided or accessed through the Website and our Services are provided "as is" with all faults.
NEITHER WE NOR OUR LICENSORS OR SUPPLIERS MAKE ANY CLAIMS OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, OR TRUTH OF ANY MATERIALS ACCESSED THROUGH THE WEBSITE OR OUR SERVICES. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR TRANSMISSION OF ANY POSTINGS ON THE WEBSITE OR THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN DECISIONS TO ACT UPON THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH OUR SERVICES.
Neither we nor any of our subsidiaries, affiliates, and our or their respective shareholders, directors, officers, employees, agents and representatives (collectively, the "P11 Parties"), nor any of our or their respective licensors or suppliers are liable for any third party website links that may appear on the Website and/or Services, whether made available by us or by users of the Website and/or Services (the "Third-Party Sites"). Certain areas of the Website may allow you to interact with Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Website. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or business practices than we do, and you further acknowledge and agree that your use of Third-Party Sites is governed by that Third-Party Site's privacy policy and terms and conditions. We may provide you with links to the Third-Party Sites as a convenience, but we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, privacy policy compliance, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. YOU USE ALL THIRD PARTY SITES AND SERVICES AT YOUR OWN RISK. THE P11 PARTIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDERS IDENTIFIED ON THE WEBSITE. THE P11 PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY THIRD PARTY'S ACTIONS OR OMISSIONS, SUCH AS THE QUALITY OF SERVICES PROVIDED BY ANY COMMUNICATIONS SERVICE PROVIDER
Do not post any information that you do not wish to make public. You are solely responsible for any information, including any personal information, you disclose or post on the Website or in connection with the Services, and any use of such information by any third parties, including other users, regardless of whether you permitted or did not permit such use. We make no warranty or guaranty of the confidentiality or privacy of any communication or information transmitted or posted on the Website or in connection with the Services, or any website linked to the Website or Services.
To the full extent permitted by law, the P11 Parties and their respective licensors and suppliers disclaim all warranties, whether express, implied or statutory, including, without limitation, any warranties as to the products or services offered by businesses listed on the Website, or implied warranties of merchantability, fitness for a particular purpose, or non-infringement relating to our Website and Services. No oral or written information or advice provided by a representative of the P11 Parties shall create any representation or warranty. You agree that the use of our Website and Services is at your sole risk. Neither the P11 Parties nor our licensors or suppliers warrant that the Website or any of the Services will be uninterrupted or error free, nor is any warranty made as to any results that may be obtained by use of the Website or Services.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray P11 or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a P11 logo or other proprietary graphic of P11 to link to this Site without the express written permission of P11. Further, you may not frame or utilize framing techniques to enclose any P11 trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without P11's express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of P11 or any third party. P11 makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites linking to the Site.
Advertisements and Promotions; Third-Party Products and Services
P11 may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. P11 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-P11 advertisers or third party information on the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Site Terms.