Conditions of use

GENERAL REMARKS

Welcome.  By accessing the PERI website, you agree to be bound by these Conditions of Use.

DEFINITIONS

1. “PERI” means PERI 3D Construction, Inc., its parent, subsidiary and affiliates.
2. “Customer” or “you” or “your” means Vistor(s) to the PERI website.
3. “PERI website” means the website found at https://www.peri3dconstruction.com available by PERI to visitors and all content, products, services and features on the PERI website available to visitors, as well as these Terms and Conditions, as may be amended from time to time.
4. “Visitor(s)” or “vistor” means any person or persons visiting the PERI website.
5. “User(s)” or “user” means any person or persons visiting the PERI website.
6. “Intellectual Property Rights” means without limitation all patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world. Visitors acknowledge that the Electronic Content, PERI website , along with any Intellectual Property Rights contained therein or related thereto, are protected by law. All rights not specifically given to the visitors are expressly reserved by PERI.
7. “Electronic Content” means all products, services and content available in or through the PERI website. The Electronic Content on the PERI website may include specific project data and comprehensive product information regarding your selected projects, including, project data, material overview and costs as they relate to PERI materials (hereinafter called “Project Data”).  The Electronic Content on the PERI website also may include technical documents, including data and brochures, for materials rented or sold by PERI (hereinafter called “technical documents”).

By visiting the PERI website you agree that these Conditions of Use, as amended from time to time, supplement any terms and conditions in any agreement you have with PERI.  Except as to any provisions for choice of law, venue and jurisdiction found in your License Agreement, which terms shall supplant any terms herein, in the event of any contradiction, inconsistency or variance between the provisions of any other agreement between you and PERI and these Conditions of Use, these Conditions of Use shall take precedence.

COPYRIGHT

The entire contents of and each article and abstract and all other material available through the PERI website are protected by copyright (unless otherwise indicated on the title page of the article).

GENERAL RESTRICTIONS

Except as otherwise permitted under these Conditions of Use, you may not (a) use the PERI website for any purpose other than those permitted under these terms; (b) reverse engineer, decompile, or disassemble the PERI website; (c) sell, rent, lease, lend, 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 thereunder; (e) remove or obscure any proprietary notices, labels, brandings, or markings included on the PERI website; (f) use the access rights to provide services to third parties, sell, sublicense or otherwise commercialize outputs derived or realized from your use of the PERI website; (g) download, print, copy, circulate, publish, reproduce, or otherwise commercially exploit PERI information or Electronic Content that is part of or accessible from the PERI website; (h) use the PERI website to send spam or otherwise unlawful email messages; (i) use the information or Electronic Content obtained from the PERI website to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy or intellectual property rights; (j) knowingly use the PERI website to send or store material containing any harmful computer code; (k) knowingly interfere with or disrupt the integrity or performance of all or any part of the PERI website; (l) attempt to circumvent the security features or otherwise gain unauthorized access to unauthorized portions of the PERI website; (m) modify, copy or create derivative works from any code from the PERI website; or (n) disassemble, reverse engineer, or decompile any code for any part of the PERI website in order to build for non-internal purposes, a product or service that is competitive with the services provided by PERI.

RESERVATION OF RIGHTS/OWNERSHIP

ALL RIGHTS IN THE PERI WEBSITE NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PERI.  The PERI website may be protected by United States 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 title, copyright, patent and other proprietary rights, including trade secrets (if any), in and to all Electronic Content and related to the PERI website are owned solely and exclusively by PERI. PERI reserves the right to store the access history of Customer, including, but not limited to, logon history, download history, for the PERI website for a period of time.  PERI has no obligation to share this access history absent a court order or agreement to do so.

PERI LOGO

PERI's logo is a registered trademark of PERI. The logo is protected by law and may not be used without PERI's express written permission. PERI retains the exclusive right to grant or refuse permission to use its logo.  Any other logos and brand names displayed on the PERI website are the exclusive intellectual property of their respective owners. To the extent applicable, these items are licensed to PERI but remain the property of their respective owners.

ACCURACY OF INFORMATION

While all reasonable attempts have been made to ensure the accuracy of information on the PERI website, PERI is not responsible for any errors, inaccuracies, or incomplete information contained therein. PERI reserves the right to correct, change, or update any information on these sites 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 warranties of any kind, either expressed or implied. To the fullest extent permissible, pursuant to applicable law, PERI and its affiliates disclaim all warranties of merchantability and fitness for a particular purpose, and of accuracy of informational content. 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 will not be liable for any losses or direct, indirect, incidental, consequential, exemplary, or punitive damages arising out of or in connection with the use of or the inability to use the PERI website.

PERI is not responsible for any charges associated with accessing the PERI website, including, but not limited to, any computer equipment, telephone or Internet connections and access software.

PERI may modify any of these terms and conditions at any time. A visitor’s continued use of the PERI website shall be conclusively deemed acceptance of such modifications.The PERI website may provide links to third-party websites. Where such links exist, PERI disclaims all responsibility and liability for the content of such third-party websites. Visitors assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on them.

If you are dissatisfied with the PERI website, or with these Conditions of Use, your sole and exclusive remedy is to discontinue using the sites and, if applicable, terminate the License Agreement pursuant to the termination clause 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 of the United States. Any visitor accessing the PERI website from outside the United States does so at his or her own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.

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/SCREEN SHOTS/USE OF IMAGES

Unauthorized use of images from PERI websites to create buttons or to highlight links to PERI is strictly prohibited.  Unauthorized use of screen shots of pages on other PERI websites is strictly prohibited, without written permission from PERI. You may us PERI’s press photographs, available through the Peri websites in accordance with the following terms and restrictions:
• All photographs are provided for informational purposes and Peri does not make any representations or warranties regarding the content of such photographs, including as to the accuracy or completeness of the content.
• The photographs may be used for editorial and private purposes only.
• All photographs are owned by PERI, or its parent, subsidiaries, affiliates, and/or their licensors and all rights, other than the limited use rights 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 photo is provided with a different copyright notice, this must be used instead.
• Alienation of the photographs or combination with other photos is not permitted.
• Modification of the photographs is not permitted.
• The image data may not be passed on to third parties and permanent storage on electronic systems is not permitted.
• Publication of the photographs is free of charge, when a specimen copy or, in the case of electronic media, notification is sent to the contact persons named.
• The pictures used are snapshots of construction sites. For this reason, building and construction specifications, safety and anchor details in particular, are not warranted and may not be relied upon as complete or accurate. These are subject to the risk assessment of the contractor.
• If the photographs include an expiration date, they may not be used after this date has passed and must be deleted.

SECURITY

You are prohibited from violating or attempting to violate the security of the PERI website. You may not, directly or indirectly through others: (a) Access data not intended for you or log into a server or account that 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, submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) Send unsolicited email, including promotions or advertising of products or services, to email addresses accessed through the site; (e) Forge any 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 of any activity conducted on or through the site; or (g) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate through or search the PERI website.

Any action that imposes an unreasonable or disproportionately large load on PERI 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 who are involved in such violations.

TERMINATION OF USE

Subject to and in addition to any rights of termination under any applicable License Agreement, PERI and its representatives reserve the right to deny use of any other PERI website to any user for any reason without notification. Any violation of the terms of use may result in legal action against the visitor. PERI may, in its sole discretion and at any time, modify or terminate the PERI website and remove or refuse to post any information, content, materials, or other offering.

CONFIDENTIALITY AND SECURITY

You acknowledge that you may have access to Confidential Information of PERI.  “Confidential Information” means any non-public information disclosed by PERI to you in connection with the PERI website that is disclosed in writing, orally or by inspection and is identified in writing or orally during disclosure as “Confidential” or “Proprietary” or which you have reason to believe is treated as confidential by PERI.  “Confidential Information” shall not include information that you can demonstrate: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than you; (b) was known to you as of the time of its disclosure; (c) is independently developed by you without use of the PERI’s Confidential Information; or (d) is subsequently learned from a third party that, to your knowledge, is not under a confidentiality obligation to the disclosing party.  You agree that the PERI website including all software code pertaining thereto, is Confidential Information of PERI and may contain proprietary information and trade secrets.  You agree that you will not disclose to any third party any Confidential Information other than as expressly permitted under these Conditions of Use.  Notwithstanding anything to the contrary herein, you may disclose Confidential Information pursuant to the requirements of a court or governmental agency or by operation of law, provided that you give PERI reasonable prior written notice sufficient to permit PERI to contest such disclosure or seek a protective order.

REPRESENTATIONS/WARRANTIES

PERI represents and warrants that (a) the services provided by PERI hereunder will not violate or infringe any United States registered patent or copyright; (b) PERI maintains industry standard and 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 BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED.  DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS.  THE LIMITED WARRANTY CONTAINED IN THIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN EXPRESSLY MADE ABOVE, CUSTOMER DISCLAIMS ALL WARRANTIES,  WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT.  YOU ACKNOWLEDGE THAT THE INTERNET IS NOT ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO 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 any 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 advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the PERI website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 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; and (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 upon.

Counter Notification

If you believe your own copyrighted material has been removed from the PERI website as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been 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 filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a 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 meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Copyright Manager
Attn: Copyright Agent
___________________
___________________
___________________

PROVISIONS

If any provision of these Conditions of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of PERI, and the remainder of the Agreement will remain in full force and effect.

Binding Arbitration

Any dispute arising from these Conditions of Use, or your use of the PERI website are subject to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and you agree that you have waived your right to sue in court in front of 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 action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and PERI concerning the PERI website, or these Conditions of Use, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to 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.  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Maryland and will be governed by Maryland law without regard to conflicts.  These Conditions of Use govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. You must file in arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it is permanently barred.

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