Terms of Use | P.S.K.W.

Introduction

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. THE FOLLOWING TERMS AND CONDITIONS FOR THE PSKW WEBSITE IS A LEGAL CONTRACT BETWEEN YOU AND PSKW, LLC. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING, IN ANY WAY, THE PSKW WEBSITE (THE “WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO, OR WITH, THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE PSKW WEBSITE. PSKW, LLC RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS TERMS OF USE. BY USING THE PSKW WEBSITE YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PSKW WEBSITE.

Content and Use of Content

PSKW, LLC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the PSKW Website, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding any unauthorized use.

The contents of the PSKW Website, including, but not limited to, (1) text, graphics, images, and information obtained from PSKW, LLC’s licensors; and (2) all other material contained on the PSKW Website (taken together, the “Content”) are for informational purposes only. Reliance upon any information provided on the PSKW Website or provided by (1) others appearing on the Website at the invitation of PSKW, LLC, or (2) other visitors to the PSKW Website is solely at your own risk.

The PSKW Website may provide links to third-party web sites. PSKW does not recommend and does not endorse the content, material or information on any third-party websites. PSKW, LLC is not responsible for the content of linked third-party sites, sites framed within the PSKW Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PSKW Website does not endorse any third-party product, service, or treatment advertised on the PSKW Website.

Intellectual Property

PSKW is a registered trademark of PSKW, LLC.

PSKW, LLC authorizes you to view or download the Content and material on the PSKW Website solely for your personal, noncommercial use if you include the following copyright notice: “©2011, PSKW, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the PSKW Website may be included elsewhere within the PSKW Website and are incorporated into these Terms by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PSKW, LLC and/or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of PSKW, LLC. All rights not expressly granted herein are reserved to PSKW, LLC and its licensors.

This platform and Website are owned and operated by PSKW, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including, but not limited to, source code or object code), products, services, and all other elements of the platform provided by PSKW, LLC (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content or Materials provided and owned by users or third-parties, all Materials contained on the Website are the property of PSKW, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PSKW, LLC or its affiliates and/or third-party licensors. Except as expressly authorized by PSKW, LLC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and Materials. PSKW, LLC reserves all rights not expressly granted in these Terms.

Notice and Takedown Procedure; and Copyright Agent

If you believe any materials accessible on or from the PSKW Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting PSKW, LLC’s copyright agent (identified below) and providing the following information:

1. Proof of copyright ownership and identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work and/or a copy of the Certificate of Registration.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

PSKW, LLC’s agent for copyright issues relating to this Website is as follows:

Todd Allen Serbin

Nexsen Pruet, LLC

P.O. Drawer 2426

Columbia, SC 29202-2426

Ph: +1 (803) 771-8900

In an effort to protect the rights of copyright owners, PSKW, LLC reserves the right to terminate, in appropriate circumstances, the rights of subscribers and account holders of the PSKW Website who are repeat infringers.

User Submission Through the Contact Us Link and/or E-mail

By submitting Content, Materials, photos, videos or audio (“Media”) or communications of any kind to the PSKW Website, for example through the “Contact Us” link, including any business information, idea, concept or invention, you agree that such submission is non-confidential for all purposes. If you submit any business information, an idea, a concept, an invention or any Content, Materials or Media to the PSKW Website or to PSKW, LLC by email and/or through the “Contact Us” link, you automatically grant or warrant that the owner has expressly granted-PSKW, LLC a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display it in any media or medium, or any form, format, or forum now known or hereafter developed. PSKW, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, inventions, Content, Materials or Media private or proprietary, do not submit them to the PSKW Website and/or to PSKW, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.

You are solely responsible for the Content, Materials and Media you submit to the PSKW Website and/or to PSKW, LLC. By submitting your Content, Materials and Media, you affirm, represent, and warrant that:

(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize PSKW, LLC and the PSKW Website’s administrators to use your Content, Materials and/or Media as necessary to exercise the licenses granted by you in this section and in the manner contemplated by PSKW, LLC and these Terms;

(2) Your Content, Materials and/or Media do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and

(3) The Content, Materials and/or Media you submit to the PSKW Website and/or to PSKW, LLC do not contain any viruses, adware, spyware, worms, other malicious code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.

Violators of these representations and warranties may be subject to criminal and civil liability. PSKW, LLC reserves all rights and remedies against any users who violate these Terms.

By submitting Content, Materials and/or Media to the PSKW Website and/or to PSKW, LLC, (a) you grant to PSKW, LLC a perpetual, non-exclusive, transferrable, assignable, worldwide, fully paid-up, royalty-free license to use, copy, print, display, reproduce, perform, reproduce, compress, modify, publish, post, transmit or convert for distribution, and otherwise exploit your Content, Materials or Media in any media formats and through any media channels, solely in order to publish and promote such Content, Materials and/or Media in connection with services offered on the PSKW Website (such license will apply to any form, media, or technology now known or hereafter developed); and (b) you certify that any person pictured in the submitted Content, Materials and/or Media (or, if a minor, his/her parent/legal guardian) authorizes PSKW, LLC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media, Materials or Content; and (c) you agree to indemnify PSKW, LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Content, Materials and/or Media and/or your failure to comply with these Terms.

Disclaimers and Liability

The use of the PSKW WEBSite and the Content is at your own risk.

When using the PSKW Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of PSKW, LLC and its suppliers, licensors or other third-parties. Accordingly, PSKW, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PSKW Website.

YOU EXPRESSLY AGREE THAT THE USE OF THE PSKW WEBSITE IS AT YOUR SOLE RISK. THE PSKW WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), MATERIAL, MATERIAL REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PSKW WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS. PSKW, LLC, ITS LICENSORS, ITS SUPPLIERS, AND OTHER THIRD-PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, WHETHER ORAL OR WRITTEN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS DISCLAIMERS AND LIABILITY SECTION, THE TERM PSKW, LLC, PSKW, LLC’s OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, THIRD-PARTY PARTNERS, SUPPLIERS AND SUBCONTRACTORS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PSKW, LLC OR ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), PERSONAL INJURY/WRONGFUL DEATH ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE MATERIALS AND/OR CONTENT (INCLUDING COMMERCIAL CONTENT) ON THE PSKW WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PSKW, LLC, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR EVEN IF PSKW, LLC OR A PSKW, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You understand that when using the PSKW Website you will be exposed to Content, Materials, Media and other information from a variety of sources. Without limiting the foregoing, PSKW, LLC makes no representations or warranties about the following:

the accuracy, reliability, completeness, usefulness, currency, timeliness or intellectual property rights of the Content, Materials, Media, software, text, graphics, links, or communications provided on or through the use of the PSKW Website; and,

the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content, Materials, Media or other information contained on the PSKW Website.

You further understand and acknowledge that you may be exposed to Content, Materials, Media or other information that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PSKW, LLC with respect thereto. If notified that Content, Materials or Media allegedly does not conform to these Terms, PSKW, LLC may investigate the allegation and determine in its sole discretion whether to remove the Content, Materials or Media, which it reserves the right to do at any time and without notice. For clarity, PSKW, LLC does not permit copyright infringing activities on the PSKW Website.

You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you may have against PSKW, LLC and their officers, directors, subsidiaries, affiliated companies and employees with respect thereto.

These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference or third-party websites or otherwise by third-parties other than PSKW, LLC and received through or advertised on the PSKW Website or received through any reference or third-party websites.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. In the event the aforementioned limitations do not apply to you, the PSKW Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. PSKW, LLC and any third parties mentioned on the PSKW Website are not liable for any personal injury, including death, caused by your use or misuse of the PSKW Website, Content, Materials or Media. Any claims arising in connection with your use of the Website, any Content, Materials, Media must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

You acknowledge and agree that PSKW, LLC and the PSKW Website have offered their products and services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and PSKW, LLC and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and PSKW, LLC. PSKW, LLC would not be able to provide the PSKW Website to you on an economically reasonable basis without these limitations.

Indemnity

You agree to save, defend, indemnify, and hold PSKW, LLC, its officers, directors, employees, agents, partners, affiliated companies, subsidiaries, contractors, licensors, and suppliers, harmless from and against any claims, losses, damages, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees and other expenses resulting from, or alleged to result from: (1) your violation of these Terms; and (2) your use or misuse of the PSKW Website; and (3) any Content, Materials, information and/or Media that you download or submit to the PSKW Website. PSKW, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PSKW, LLC, and you agree to cooperate with PSKW, LLC’s defense of these claims. PSKW, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware.

Children’s Privacy

We are committed to protecting the privacy of children. The PSKW Website is not directed to, intended or designed for persons under the age of 13. The PSKW Website does not collect personally identifiable information from any person PSKW, LLC actually knows is a child under the age of 13. By downloading, viewing, installing or otherwise using the PSKW Website, you represent that you are at least 13 years of age.

Termination.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Furthermore, any termination of your permission to use the Website and/or content of the Website denies you permission to use the Website in the future, absent an indication in writing from the PSKW Website administrators to the contrary.

Modification of the Terms

PSKW, LLC reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the PSKW Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the PSKW Website.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with PSKW, LLC, or in any way relating to your use of the PSKW Website, resides in the federal and state courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving PSKW, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles.

Complete Agreement

These Terms constitute the entire agreement between you and PSKW, LLC with respect to the use of the PSKW Website, including, all Content, Media and Materials and any other related subject matter.

Severability.

If any provision of these Terms is found or held to be invalid, unlawful, void, or for any reason unenforceable by any court having competent jurisdiction, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred, in any way, by PSKW, LLC without restriction. Any assignment attempted by you in violation of these Terms shall be null and void.

Survival.

The following Terms and provisions, shall survive the termination or expiration, of this Agreement for any reason whatsoever: Content and Use of Content, Intellectual Property, Disclaimers and Liability, User Submission Through the Contact Us Link and/or E-mail, Indemnity, Jurisdiction, Complete Agreement, Assignment and Survival.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.