Leadway Pensure PFA Website Access Agreement
Please read this Agreement carefully before accessing the Leadway Pensure PFA Website. As a condition to and in consideration of receiving and accessing the Leadway Pensure PFA Website, the User agrees to be bound by the terms of this Agreement. Use of or access to the Leadway Pensure PFA Website shall constitute acceptance of and agreement to be bound by this Agreement. If you do not wish to be bound by this agreement, do not access The Leadway Pensure PFA Website. If you have any questions about this Agreement, please contact us via e-mail at [email protected] THIS AGREEMENT “Agreement” is entered into by and between Leadway Pensure PFA and any individual, corporation, association, agency, company, or other entity who accesses or uses the Leadway Pensure PFA Website (the “User” or “you”). The Leadway Pensure PFA Website, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow Leadway Pensure PFA to communicate with users and for you to interact with those users. The Leadway Pensure PFA Website is owned and operated by Leadway Pensure PFA. The Leadway Pensure PFA Website contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Leadway Pensure PFA Website that can be modified by Users, such as posting classifieds, uploading multimedia files, registering user profiles, and creating auto-notify, personalized pages, and personalized project areas.User Rights and Responsibilities
Access to the Leadway Pensure PFA Website
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Leadway Pensure PFA Website and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Leadway Pensure PFA Website.User Conduct
You agree to access and use the Leadway Pensure PFA Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Leadway Pensure PFA Website, including any Interactive Area, (ii) the use of any networks or other services connected to the Leadway Pensure PFA Website, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Leadway Pensure PFA Website. By accessing the Leadway Pensure PFA Website, you agree that you will not:- Restrict or inhibit any other user from using and enjoying the Interactive Features;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Leadway Pensure PFA Website;
- Disrupt the normal flow of communication in an Interactive Area;
- Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
- Violate any operating rule, policy or guideline of your Internet access provider or online service.
Intellectual Property Rights
Leadway Pensure PFA Website content
You acknowledge that Content on the Leadway Pensure PFA Website is generally provided by Leadway Pensure PFA, individual contributors of Content (“Contributors”), third party licensees, and/or other Users. You acknowledge that the Leadway Pensure PFA Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Leadway Pensure PFA Website owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content. You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “The Leadway Pensure PFA Website” and its URL address. You acknowledge that the Leadway Pensure PFA Website, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Leadway Pensure PFA Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Leadway Pensure PFA Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Leadway Pensure PFA the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Leadway Pensure PFA to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.Interactive Areas
You acknowledge that the Leadway Pensure PFA Website may include various interactive areas (“Interactive Areas”), including
but not limited to classifieds. These Interactive Areas allow feedback to the Leadway Pensure PFA Website and real-time interaction
between users. You further understand that Leadway Pensure PFA does not control the messages, information, or files delivered to
such Interactive Areas and that the Leadway Pensure PFA Website may offer you and other Users the capability of creating and
managing an Interactive Area. However, neither Leadway Pensure PFA, its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or
management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You recognize that Leadway Pensure PFA cannot, and does not
intend to, screen communications in advance. Moreover, because the Leadway Pensure PFA Website encourages open and candid
communication in the Interactive Areas, Leadway Pensure PFA cannot determine in advance the accuracy or conformance to this
Agreement of any Content transmitted in an Interactive Area. The Leadway Pensure PFA Website is not responsible for screening,
policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that Leadway
Pensure PFA has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified
of content that is alleged not to conform to this Agreement, Leadway Pensure PFA may investigate the allegation and determine in its
sole discretion whether to remove or request the User to remove such Content. Leadway Pensure PFA reserves the right to prohibit
conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in
part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard,
written Leadway Pensure PFA Website policy in effect at that time, (ii) be harmful to the rights of any User, Leadway Pensure PFA,
or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Leadway Pensure PFA in operating
the Leadway Pensure PFA Website, or any change in Content, is for you to discontinue accessing the Leadway Pensure PFA Website.
Leadway Pensure PFA may terminate or temporarily suspend your access to all or any part of the Leadway Pensure PFA Website, without
notice, for conduct that Leadway Pensure PFA believes is a violation of this Agreement or any policies or guidelines posted by
Leadway Pensure PFA, or for other conduct which Leadway Pensure PFA believes, in its sole discretion, is harmful to Leadway Pensure
PFA or other Users. Leadway Pensure PFA may discontinue operating the Leadway Pensure PFA Website and terminate this Agreement
without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to
access the Leadway Pensure PFA Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content
downloaded from the Leadway Pensure PFA Website, as well as the disclaimers and limitations of liabilities set forth in this
agreement, shall survive.