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TERMS OF USE
This Terms of Use Agreement (the “Agreement”) is between you, any company or business entity on whose behalf you are acting, and Power Sonix, Inc., its subsidiaries, and affiliates (collectively “PSI”) which own and operate PSI’s network of Web properties (collectively the “PSI Site”). By your use of the PSI Site you agree, without limitation or qualification, to be bound by, and comply with this and all future Agreements. If you do not wish to be bound by the terms of this Agreement, please do not use this Web site.
PSI Content & User Provided Content
The term “PSI Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the PSI Site by PSI, except User Provided Content. You agree that all PSI Content is the sole property of PSI and its licensors who shall retain all right, title, and interest in and to it.
The term “User Provided Content” means all information, text, messages, articles, photos, or other material provided by you or other users, whether publicly posted or privately transmitted. User Provided Content is the sole responsibility of the person who provided it. You represent and warrant that you own or otherwise control all of the rights to the User Provided Content that you submit to the PSI Site, and that you, or the owner of any such User Provided Content, grant to PSI an unlimited right to use, republish, reproduce, modify or adapt it for any business purpose (except as limited by PSI’s Privacy Policy Statement), and waive all moral rights in it.
PSI does not control, and is not responsible for, any User Provided Content, nor does PSI guarantee its accuracy or integrity. Notwithstanding, PSI retains the unlimited right, at its sole discretion, to monitor any and all User Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to content that is offensive and/or objectionable to you.
The PSI Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All PSI Content on the PSI Site is protected by copyright, and is owned or controlled by PSI or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any PSI Content or User Provided Content on the PSI Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any PSI Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such PSI Content.
The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the PSI Site are registered and unregistered Trademarks of PSI and others. Except as provided in this Agreement or by written permission of PSI, you may not copy, imitate, or use the Trademarks.
Conduct Limitation
You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the PSI Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the PSI Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email (“Spam”), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You specifically agree to comply with all agree with all local rules regarding online conduct and acceptable content.
Some features on the PSI Site may require registration. By registering at, and in consideration of, your use of the PSI Site you agree to provide, true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with PSI. By accepting this Agreement, you certify that you have no other registration with PSI.
Some features on the PSI Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify PSI immediately. PSI will assume that any communication it receives under your password will have been made by you unless PSI receives notice otherwise.
You, or third parties, are not allowed to frame our site, or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any PSI Content without PSI’s express written consent. Further, you may not utilize any PSI Content in any meta tags or any other “hidden text” techniques or technologies without PSI’s express written consent.
Changes & Termination
PSI may for any reason change, suspend, or discontinue any aspect of the PSI Site, this Agreement, PSI Content, or User Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the PSI Site. Your use of the PSI Site after the time Changes are posted indicates your assent to the Changes. PSI may also impose limits on certain features and services or restrict your access to parts or all of the PSI Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the PSI Site. Upon termination, you must immediately destroy any downloaded and/or printed PSI Content, and any installations thereof, which you have obtained from the PSI Site.
Indemnity
You agree to indemnify, defend, and hold harmless PSI, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of (i) your use of User Provided Content or PSI Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. PSI reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of PSI. You will use your best efforts to cooperate with PSI in the defense of any claim.
Disclaimer of Warranties
PSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE PSI SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, PSI MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.
You agree that PSI will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the PSI Site. This includes, but is not limited to, loss or injury caused in whole or in part by PSI’s procuring, compiling, interpreting, reporting or delivering any portion of the PSI Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
Disclaimer of Liability
You acknowledge that PSI will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if PSI has been advised of the possibility of such damages), resulting from or related to the use or inability to use the PSI Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.
The PSI Site contains links to, and is linked from, other non-PSI Web sites. PSI makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
Governing Law
This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of West Virginia (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Berkeley County, West Virginia, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Berkeley County, West Virginia, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
Compliance with Export Control Laws
Some software, documentation, or technical information available on or through the PSI Site may be subject to U.S. or foreign export controls. By accessing, downloading, or using such software, documentation, or technical information you represent and warrant that you are in compliance with any such applicable laws and regulations. PSI makes no representation that materials on the PSI Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Miscellaneous
This Agreement constitutes the entire agreement between PSI and you with respect to your use of the PSI Site. Any cause of action you may have with respect to your use of the PSI Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to PSI. The failure of PSI to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
Company Contact Information
You may also use the contact information below if you have any questions or comments about these Terms of Use or your dealings with the PSI Site.
Webmaster
Power Sonix, Inc.
122 S. Church St.
Martinsburg, WV 25401
info@powersonix.com
Notification of Changes
PSI may change these Terms of Use from time to time for any reason. When we make such changes, we will post notification of them on our main page. Your continued use of this site after notification of such changes have been posted shall constitute your assent to be bound by these changes.
ASSENT: BY USING PSI WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
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