"PSA Website" is the on-line service operated by Pacific Strategies and Assessments, Inc. (PSA) on the Internet. This service includes information services and content provided by PSA, affiliates of PSA and other third parties. The "Subscriber" is any person who establishes or accesses a connection ("Account") for access to and use of PSA Website.
2. General.
(A) This Agreement sets forth the terms and conditions that apply to use of PSA Website by Subscriber. By using PSA Website (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. Subscriber is responsible for all use of Subscriber's Account and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. (B) PSA shall have the right at any time to change or discontinue any aspect or feature of PSA Website
3. Changed Terms.
PSA shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PSA Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means decided by PSA. Any use of PSA Website by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of PSA Website and all charges related thereto. 5. Subscriber Conduct.
(A) Subscriber shall use PSA Website for lawful purposes only. Subscriber shall not post or transmit through PSA Website any material which violates or infringes in any way upon the rights of others, which is unlawful, or which, without PSA's express prior approval, contains advertising or any solicitation with respect to products or services. Subscriber shall not use PSA Website to advertise or perform any commercial solicitation
(B) PSA Website contains copyrighted material, trademarks and other proprietary information, and the entire contents of PSA Website are copyrighted as a collective work under international copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PSA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on PSA Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PSA Website, Subscriber automatically grants, or warrants that the owner of such material has expressly granted PSA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants PSA the right to edit, copy, publish and distribute any material made available on PSA Website by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of PSA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PSA WEBSITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER PSA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PSA WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PSA WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PSA WEBSITE.
(B) PSA WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PSA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) PSA WEBSITE MAY OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON PSA WEBSITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON PSA WEBSITE. PSA IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN PSA WEBSITE. SUBSCRIBER'S ACCESS AND USE OF PSA WEBSITE DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON PSA'S PART OR THE PART OF ITS CONTRIBUTORS. PSA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON PSA WEBSITE. SUBSCRIBER'S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON PSA WEBSITE BY PSA, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER'S OWN RISK.
(E) IN NO EVENT WILL PSA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PSA WEBSITE OR THE PSA WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PSA WEBSITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PSA WEBSITE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PSA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PSA WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PSA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PSA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
PSA shall have the right, but not the obligation, to monitor the content of PSA Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PSA and to satisfy any law, regulation or authorized government request. PSA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PSA Website. Without limiting the foregoing, PSA shall have the right to remove any material that PSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless PSA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PSA Website by Subscriber or Subscriber's Account.
9. Termination.
Either PSA or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, PSA shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which PSA, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
Pacific Strategies and Assessments and each of the company’s logos are trademarks of Pacific Strategies and Assessments. All rights reserved. All other trademarks appearing on PSA Website are the property of their respective owners.
11. Miscellaneous.
This Agreement and any operating rules for PSA Website established by PSA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Hong Kong, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
PSA respects the rights of all copyright holders and in this regard, PSA has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PSA with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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
- 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.
Email: info@psagroup.com
