All visitors to the PrecisionIR, Inc. Investor Calendar Web Site (Site) agree to the following terms and conditions as listed. By virtue of accessing the Site, you indicate your acknowledgement and acceptance of these terms and conditions. PrecisionIR, Inc. (PrecisionIR) reserves the right to revise these terms and conditions at any time and users are deemed to be apprised of and bound by any changes to these terms and conditions by virtue of using the Site.
1. Limitations on Use. Your use of the Site is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree the data accessed through the Site will be distributed consistent with any confidentiality or other agreements by which you are bound. You agree to use the Site and any associated data in accordance with such operational, privacy and other specifications, rules and policies as established by PrecisionIR from time to time. If your are a natural person, by use of the Site, you represent that you are at least 18 years of age.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, PRECISIONIR PROVIDES THE SITE, INCLUDING THE DATA GENERATED BY THE SITE, ON AN "AS IS, AS AVAILABLE AND WITH ALL FAULTS" BASIS, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE SITE, SUCH DATA, OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING. PRECISIONIR DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN. PRECISIONIR WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR DATA, INTERRUPTION OF BUSINESS OR THE SITE, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. PRECISIONIR WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE PRODUCT OR ANY DATA, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SITE. PRECISIONIR MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR THAT THE DATA OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PRECISIONIR'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), SITE LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE PARTICULAR SITE INVOLVED. No agent or representative has the authority to create any warranty regarding the Site on behalf of PrecisionIR. PrecisionIR reserves the right to change or discontinue at any time any aspect or feature of the Site. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
3. Indemnity. You agree to indemnify and hold harmless PrecisionIR, its subsidiaries, affiliates, officers, employees, suppliers and agents from any claim, demand, loss or expense, including reasonable attorneys' fees, resulting or arising from: your breach of this Agreement; any action taken or permitted by you which disrupts, degrades or damages the Site or related data; your infringement of any intellectual property right of PrecisionIR or any other person or entity; any activity related to your account (including any negligent or wrongful conduct) by you or any other person accessing the Site; any User Materials; or your actual or alleged breach of any federal, state, local or foreign law, or regulation.
4. Links to Third Party Sites. You acknowledge the Site may be linked to other websites, which are not under the control of or maintained by PrecisionIR. PrecisionIR is not responsible for the content of those sites. PrecisionIR provides such links only as a convenience, and the inclusion of a link to any site does not imply an endorsement of the site by PrecisionIR. To the extent you add links from the User Materials, or otherwise to other websites, you are solely responsible for such links and PrecisionIR shall have no responsibility whatsoever for such links.
5. Export Control. PrecisionIR controls and operates the Site from its headquarters in the United States and makes no representation that the Site is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the data and any other materials made available from the Site may be subject to U.S. and foreign Export Administration Laws and Regulations.
6. General. If any portion of this Agreement is found to be unlawful, void or unenforceable for any reason whatsoever, the unenforceable provision may be severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete agreement concerning the subject matter hereof, and supersedes all prior agreements and representations between PrecisionIR and you. This Agreement may be modified only in writing signed by both parties. You agree to pay all reasonable attorneys' fees and other costs incurred by PrecisionIR to enforce any of the terms and conditions of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A. applicable to agreements made and to be performed in the Commonwealth of Virginia, without reference to its choice-of-law provisions. You agree that any legal action or proceeding between you and PrecisionIR for any purpose concerning this Agreement or the parties' obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Virginia, U.S.A.
8. Copyright. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the consent of the copyright owner. Some of the Site contents are trademarks and copyrights of their respective owners while the Site itself is a PrecisionIR copyrighted work ("PrecisionIR work"). None of the PrecisionIR work contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of PrecisionIR. No copies may be distributed to others, whether or not for a charge or other consideration, without prior written permission from PrecisionIR or the copyright owner of the copied material. Requests to reproduce materials on the Site for distribution or other purposes should be emailed to Shannon McClure or mailed to her attention at our headquarters.
9. Trademarks. Investor Calendar is a trademark of PrecisionIR and is protected by the trademark laws of the United States, individual States within the United States, and other countries, international conventions, and other applicable laws. Other trademarks may appear on the Site and are trademarks of their respective owners.
10. Copyright Infringement. PrecisionIR does not monitor user-submitted materials for copyright infringement. If you believe that any material on the Site infringes your copyright, you may seek to have the material removed by sending PrecisionIR notice that includes all of the following information:
your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for PrecisionIR to locate the material
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to PrecisionIR designated agent for receiving copyright infringement notices:
Hirschler Fleischer, a professional corporation
Attn: S. Brian Farmer, Esquire
701 East Byrd Street
Richmond, Virginia 23219
(804) 644-0957 (fax)
Upon receipt of notice complying with the above requirements, PrecisionIR will act to remove any infringing materials and, if applicable, send notice to the user that posted such materials on the Site. If PrecisionIR removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying PrecisionIR's designated agent in writing and including the following information:
your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
your statement consenting to the jurisdiction of the Federal District Court for the District in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where Investor Calendar may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent
your physical or electronic signature
Upon receipt of a notice meeting the above requirements, PrecisionIR will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, PrecisionIR will replace or enable access to the removed material unless PrecisionIR receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to PrecisionIR and/or the copyright owner or Site user.