The following are terms of a legal agreement (“Agreement”) between you and Percento Technologies International. By accessing, browsing, surfing, viewing and using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Read this Agreement carefully and be aware that Percento Technologies International may amend this Agreement at any time without notice by posting the amended terms on this Site. Amendments shall become effective immediately upon posting.
Third Party Links
This Site may contain links to third party web sites. Percento Technologies International makes no representations whatsoever about any other web site which you may access through this Site. When you access a third party web site, understand that it is independent from Percento Technologies International and that Percento Technologies International has no control over the content on that web site even if Percento Technologies International provides information or services to the owner of that web site. In addition, a link to a third party web site does not mean that Percento Technologies International endorses the content of such web site or accepts responsibility for your use of such web site. If a link has been provided from this Site to a third party site, and the third party site wishes for the link to be removed, the site may contact Percento Technologies International to do so. However, if the third party does not request the links removal from this Site then the third party endorses the link.
This Site may have inbound links from third party web sites. Percento Technologies International makes no representations whatsoever about any web site which may have provided you a link to this Site. A link to this Site does not mean that Percento Technologies International endorses the content of such eb site or accepts responsibility for your use of such web site.
Personally Identifiable Information
Percento Technologies International uses your personally identifiable information to fulfill your requests for information and for other business purposes as you may solicit. Percento Technologies International aggregates this personally identifiable information and may disclose such information to third parties for marketing and promotional purposes. Unless you consent to such disclosure, Percento Technologies International shall not intentionally disclose or communicate to any third party your personally identifiable information except if required to do so by law or in the good faith belief that such action is necessary to comply with law or to protect and defend Percento Technologies International’s rights or property.
How Percento Technologies International Uses and Shares Information
Percento Technologies International takes user privacy very seriously because Percento Technologies International knows that your privacy on the web is very important to you. You can visit this Site without telling Percento Technologies International who you are or providing Percento Technologies International with any information. However, when you request information from Percento Technologies International and supply information that personally identifies you or allows Percento Technologies International to contact you, you are agreeing to share that information with Percento Technologies International, its agents, representatives, attorneys and affiliates. The personally identifiable information that is collected by Percento Technologies International includes, but is not limited to, your name, mailing address, e-mail address, telephone and fax numbers and may also include the status of cookies placed on your computer.
Copyright and Use of Site Content
The copyright in all materials provided on this Site is owned by Percento Technologies International. Except as stated herein, this site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Percento Technologies International, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. This permission terminates immediately if you breach this Agreement. You may not “mirror” or duplicate any material contained on this Site without Percento Technologies International’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Percento Technologies International or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Visitors Postings and Submissions
You acknowledge and agree that Percento Technologies International owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site or send to Percento Technologies International. You hereby waive any claim against Percento Technologies International for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Percento Technologies International’s use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, “Submissions”), you automatically grant to Percento Technologies International a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to Percento Technologies International shall be owned by Percento Technologies International and may be used by Percento Technologies International for any purpose, now or in the future, without any payment to or further authorization by you. You covenant that you shall not post or otherwise publish on this Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute or that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iii) infringe the intellectual property, privacy or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Percento Technologies International reserves the right to refuse to post and the right to remove any Submissions or other information, in whole or in part, for any reason.
Reliance of Information
Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Percento Technologies International does not represent or endorse the accuracy or reliability of such information that is posted, displayed, uploaded, downloaded or distributed through this Site by Percento Technologies International, any user, information provider or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole option and risk.
Site Access and Errors
There may be delays, omissions or inaccuracies in information obtained by you through your use of this Site. Percento Technologies International may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your computer system, software, data or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your computer system, software or data.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Percento Technologies International DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS CONTENT PROVIDED ON THIS SITE HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITIY, ACCURACY, COMPLETENESS, CONDITION, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFOMANCE, INCLUDING ANY WARRANTY REGARDING ANY BENEFIT THAT MIGHT BE OBTAINED FROM THE SERVICES PROVIDED HEREUNDER. FURTHERMORE, Percento Technologies International DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Percento Technologies International OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF Percento Technologies International HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Percento Technologies International’s AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless Percento Technologies International and its subsidiaries, affiliates, officers, directors, investors, employees, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. Percento Technologies International reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement and Governing Law
This Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. Any claims or disputes arising out of, or relating to Percento Technologies International’s Site, shall be subject to and decided by arbitration in accordance with the Commercial Rules of the American Arbitration Association currently in effect. The arbitration shall be held in the United States, in Houston, Texas, before a panel of three arbitrators. Each party shall bear its own expense of arbitration. The arbitrators may award pre-award interest but shall not award consequential or punitive damages. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notices of Infringement
Percento Technologies International prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any third party. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you must notify Percento Technologies International of your infringement claim in accordance with the following procedure. Percento Technologies International shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed infringement should be sent to this Site’s Designated Agent who is:
Percento Technologies International
580 Westlake Park Boulevard, Suite 110
Houston, TX 77079
phone: (281) 598-2235
fax: (281) 598-2253
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- 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 copyrighted 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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.
United States law provides significant penalties against those who submit false statements.
This Agreement constitutes the entire agreement between you and Percento Technologies International with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by Percento Technologies International.