Terms of Use
Conditions of use
GENERAL REMARKS
Welcome. By accessing the PERI 3D Construction website, you agree to these Terms of Use.
DEFINITIONS
1. "PERI" means PERI 3D Construction GmbH, as well as its parent, subsidiary and affiliated companies.
2. "Customer" or "you" or "your" means visitor(s) to the PERI website.
3. "PERI Website" means the website accessible by PERI to visitors at https://www.peri3dconstruction.com and all content, products, services and functions on the PERI Website available to visitors, as well as these General Terms and Conditions in their respective current versions.
4. “Visitor” or “Vistor” means any person who visits the PERI Website.
5. “User” or “Users” means any person or persons who visit the PERI Website.
6. "Intellectual Property Rights" means, without limitation, all patents, trademarks, trade names, design rights, copyrights (including rights in computer software), database rights, rights in know-how, and other intellectual property rights, whether registered or unregistered, that may exist anywhere in the world. Visitors acknowledge that the electronic content, the PERI website, and all intellectual property rights contained therein or associated therewith are protected by law. All rights not expressly granted to Visitors are expressly reserved by PERI.
7. "Electronic Content" refers to all products, services, and content available on or through the PERI Website. The Electronic Content on the PERI Website may contain specific project data and comprehensive product information related to the projects you select, including project data, material overviews, and costs, as they relate to PERI materials (hereinafter referred to as "Project Data"). The Electronic Content on the PERI Website may also contain technical documentation, including data and brochures, for materials rented or sold by PERI (hereinafter referred to as "Technical Documents").
By visiting the PERI website, you agree that these Terms of Use, as amended from time to time, supplement the terms and conditions of any agreement you have with PERI. Except for the choice of law, venue, and jurisdiction provisions contained in your license agreement, which supersede the terms and conditions contained herein, these Terms of Use shall prevail in the event of any conflict, inconsistency, or inconsistency between the terms of any other agreement between you and PERI and these Terms of Use.
COPYRIGHT
The entire content of each article and abstract, as well as all other materials available through the PERI website, are protected by copyright (unless otherwise stated on the title page of the article).
GENERAL RESTRICTIONS
Unless otherwise permitted in these Terms of Use, you are not permitted to (a) use the PERI Website for any purpose other than as permitted under these Terms; (b) reverse engineer, decompile, or disassemble the PERI Website; (c) sell, rent, lease, loan, distribute, market, or create a lien or security interest in the access rights granted under these Terms; (d) sublicense or otherwise transfer the access rights granted; (e) remove or obscure any proprietary notices, labels, trademarks, or markings contained on the PERI Website; (f) use the access rights to provide services to any third party, sell, sublicense, or otherwise market any results derived or obtained from your use of the PERI Website; (g) download, print, copy, distribute, publish, reproduce or otherwise commercially exploit any PERI Information or Electronic Content that is part of or accessible through the PERI Website; (h) use the PERI Website to send spam or otherwise unlawful email messages; (i) use information or electronic content obtained from the PERI Website to send or store any infringing, obscene, threatening, defamatory or otherwise unlawful or tortious material, including material that is harmful to children or that violates the privacy or intellectual property rights of third parties; (j) knowingly use the PERI Website to send or store any material that contains malicious computer code; (k) knowingly interfere with or interrupt the integrity or performance of all or any part of the PERI Website; (l) attempt to circumvent security features or otherwise gain unauthorized access to unauthorized portions of the PERI Website; (m) modify, copy, or create derivative works from the code of the PERI Website; or (n) disassemble, reverse engineer, or decompile the code for any part of the PERI Website to create, for non-internal purposes, a product or service that competes with the services offered by PERI.
RESERVATION OF RIGHTS/RESERVATION OF TITLE
ALL RIGHTS TO THE PERI WEBSITE NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PERI. The PERI Website may be protected by U.S. and international copyright laws and treaties, as well as patent and other intellectual property laws and treaties. Except for the rights granted by PERI hereunder, as between the parties, all ownership, copyright, patent, and other proprietary rights, including any trade secrets, in all electronic content and relating to the PERI Website belong solely and exclusively to PERI. PERI reserves the right to store the customer's access history, including, but not limited to, logon history and download history, for the PERI Website for a certain period of time. PERI is not obligated to disclose this access history unless pursuant to a court order or agreement to do so.
PERI LOGO
The PERI logo is a registered trademark of PERI. The logo is protected by law and may not be used without the express written permission of PERI. PERI reserves the exclusive right to grant or deny permission to use its logo. All other logos and brand names displayed on the PERI website are the exclusive intellectual property of their respective owners. Where applicable, these items are licensed to PERI but remain the property of their respective owners.
ACCURACY OF INFORMATION
While every reasonable effort has been made to ensure the accuracy of the information on the PERI website, PERI assumes no responsibility for any errors, inaccuracies, or omissions contained therein. PERI reserves the right to correct, change, or update the information on these pages at any time without prior notice.
DISCLAIMER
You use the PERI website at your own risk. The materials on the PERI website are provided "as is" and without any express or implied warranties. To the extent permitted by applicable law, PERI and its affiliated companies disclaim all warranties of merchantability and fitness for a particular purpose, as well as the accuracy of the information contained therein. PERI does not warrant that the functions contained in the PERI website will be uninterrupted or error-free, that defects will be corrected, or that it or the server that makes it available are free of viruses or other harmful components.
PERI and its employees, directors, officers, agents, vendors or suppliers shall not be liable for any loss or direct, indirect, incidental or consequential damages arising out of or in connection with the use of or inability to use the PERI website.
PERI is not responsible for any costs associated with accessing the PERI website, including but not limited to computer equipment, telephone or internet connections, and access software.
PERI may change these terms and conditions at any time. A visitor's continued use of the PERI website constitutes acceptance of such changes. The PERI website may contain links to third-party websites. Where such links exist, PERI disclaims all responsibility and liability for the content of such third-party websites. The visitor assumes sole responsibility for accessing and using the content appearing therein.
If you are dissatisfied with the PERI Website or these Terms of Use, your sole and exclusive remedy is to discontinue use of the Sites and, if applicable, to terminate the User Agreement in accordance with the termination provision contained therein.
PERI makes no representation or warranty that the PERI website or the information contained therein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside the United States. Any visitor accessing the PERI website from outside the United States does so at their own risk and is solely responsible for compliance with the laws of the country from which access is made.
The information on the PERI website may contain references or cross-references to PERI products, programs, and services that are not announced or available in your country. Such references do not imply that PERI intends to announce such products, programs, or services in your country.
LINKS/SCREENSHOTS/USE OF IMAGES
The unauthorized use of images from PERI websites to create buttons or to highlight links to PERI is strictly prohibited. The unauthorized use of screenshots from pages on other PERI websites is strictly prohibited without written permission from PERI. You may use PERI press photos available through the PERI websites in accordance with the following terms and restrictions:
- All photos are provided for informational purposes and Peri makes no representations or warranties regarding the content of these photos, including the accuracy or completeness of the content.
- The photos may only be used for editorial and private purposes.
- All photographs are the property of PERI or its parent company, subsidiaries, affiliates, and/or their licensors, and all rights, except for the limited rights of use set forth herein, are hereby reserved by each of them. When using the photographs, the copyright notice "copyright PERI GmbH, all rights reserved" must always be clearly visible. If a photograph is provided with another copyright notice, that notice must be used.
- Altering the photos or combining them with other photos is not permitted.
- Altering the photos is not permitted.
- The image data may not be passed on to third parties and permanent storage on electronic systems is not permitted.
- The publication of the photos is free of charge if a specimen copy is sent or, in the case of electronic media, if the named contact persons are notified.
- The images used are snapshots of construction sites. Therefore, construction and design information, particularly safety and anchoring information, are provided without guarantee and should not be considered complete or correct. These are subject to the contractor's risk assessment.
- If the photos have an expiration date, they may no longer be used after this date and must be deleted.
SECURITY
You are prohibited from violating or attempting to violate the security of the PERI website. You are not permitted to, directly or indirectly through others: (a) access data not intended for you or log into a server or account you are not authorized to access; (b) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with service to any user, host, or network, including without limitation, via means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) send unsolicited email, including promotions or advertisements for products or services, to email addresses accessed through the website; (e) forge any part of the header information in any email or newsgroup posting; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of the PERI Website or any activities conducted on or through the Site; or (g) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the PERI Website.
Any activity that imposes an unreasonable or disproportionately large load on PERI's infrastructure is prohibited. Violations of system or network security may result in civil or criminal liability. PERI will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.
TERMINATION OF USE
Subject to and in addition to any termination rights under any applicable license agreement, PERI and its agents reserve the right to refuse any user access to any other PERI website without giving any reason. Any violation of the Terms of Use may result in legal action against the visitor. PERI reserves the right, at its sole discretion and at any time, to modify or terminate the PERI website and to remove or refuse to publish any information, content, materials, or other offerings.
CONFIDENTIALITY AND SECURITY
You acknowledge that you may have access to PERI Confidential Information. "Confidential Information" means all non-public information disclosed to you by PERI in connection with the PERI Website, whether in writing, or orally, or through inspection, that is marked "confidential" or "proprietary" at the time of disclosure, or that you have reason to believe will be treated confidentially by PERI. "Confidential Information" does not include information that you can demonstrate: (a) is in the public domain at the time of its disclosure or thereafter through a source other than you; (b) was known to you at the time of its disclosure; (c) was independently developed by you without use of PERI Confidential Information; or (d) was subsequently learned from a third party who, to your knowledge, is not under an obligation of confidentiality to the disclosing party. You agree that the PERI Website, including all accompanying software code, is PERI's confidential information and may contain proprietary information and trade secrets. You agree not to disclose any Confidential Information to any third party except as expressly permitted by these Terms of Use. Notwithstanding anything to the contrary in these Terms of Use, you may disclose Confidential Information as required by a court or governmental authority, or as required by law, provided that you provide PERI with reasonable prior written notice to allow PERI an opportunity to contest such disclosure or seek a protective order.
REPRESENTATIONS/WARRANTY
PERI represents and warrants that (a) the services provided by PERI under this Agreement do not infringe or infringe any patents or copyrights registered in the United States; (b) PERI maintains industry standard protocols and procedures designed to (i) prevent unauthorized access to the PERI Website; (ii) prevent disabling devices, including, but not limited to, codes, commands, or instructions that may be used to access, alter, delete, damage, or disable the PERI Website; and (c) PERI has not received written notice that the PERI Website violates any laws applicable to PERI's business.
DISCLAIMERS
PERI OBTAINS DATA FROM SOURCES CONSIDERED RELIABLE, BUT THEIR ACCURACY AND COMPLETENESS CANNOT BE GUARANTEED. THE DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED ABOVE, CUSTOMER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE INTERNET IS NOT ALWAYS SECURE AND MAY SOMETIMES INVOLVE SECURITY RISKS.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the PERI Website infringes upon a copyright you own or control, please immediately notify our designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be aware that federal law may subject you to damages if you make material misrepresentations in a Notification. Therefore, if you are not sure that material located on or linked to the PERI Website infringes your copyright, you should consider first contacting an attorney.
All notifications should comply with the requirements of the DMCA 17 USC § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the PERI Website are covered by the notification, a representative list of such works on the PERI Website; (3) 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; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) 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; (6) 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.
Counter-notification
If you believe that your own copyrighted material was removed from the PERI website due to a mistake or misidentification, you may send a written counter-notification to our designated Copyright Agent using the contact information provided below (a "Counter-Notification"). To be effective under the DMCA, your Counter-Notification must include substantially the following: (1) identification of the material that was removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the federal district court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that provided the Notification or its agent; (4) your name, address, and telephone number; (5) a statement made under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written counter-notification that meets the requirements described above, we will restore your removed or disabled material, unless we first receive notification from the party that provided the notification informing us that that party has filed a court action to restrain you from engaging in infringing activities related to the material in question. Please be aware that if you falsely state that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. Filing a false counter-notification constitutes perjury.
Designated Copyright Agent
Copyright Manager
Attn: Copyright Agent
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___________________
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REGULATIONS
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be deemed recast in accordance with applicable law to reflect, as nearly as possible, PERI's original intentions, and the remainder of the Agreement will remain in full force and effect.
Binding arbitration
All disputes arising out of these Terms of Use or your use of the PERI website shall be subject to binding individual arbitration before the American Arbitration Association ("AAA") pursuant to the Federal Arbitration Act ("FAA"), and you agree that you have waived your right to litigate in court before a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator's decision will be final, except for a limited right of appeal under the FAA. Class actions, multi-class arbitrations, private attorney general actions, and any other proceeding in which someone acts in a representative capacity are not permitted. Nor may any individual proceeding be consolidated without the consent of all parties. The term "Dispute" is as broad as it can be. It includes any claim or dispute between you and PERI relating to the PERI website or these Terms of Use under any legal theory, including contract, warranty, tort, statute, or regulation, excluding disputes regarding the enforcement or validity of PERI's intellectual property rights. The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. For disputes involving $25,000 or less, any hearing will be conducted by telephone unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will be held in Maryland and governed by Maryland law without regard to its conflict of law principles. These Terms of Use will govern to the extent they conflict with the AAA Commercial Arbitration Rules. You must bring any claim or dispute to arbitrate within one year from the time it first became law or arbitration effective. Otherwise, it will be permanently barred.