TERMS OF SERVICE
The following describes the Terms of
you the information (including the Intellectual Property as defined
below), services and products on our web site and related web pages
(collectively, the "Services").
use of this web site and any Services after the posting of
Part 1. Use of this Web Site
You further agree to comply with U.S. or other applicable law regarding
the transmission of any information obtained from the Services in
purposes, and not to interfere or disrupt the networks connected to the
Part 2. Restrictions on Use
You may not
use the Services for any illegal purposes or in any manner inconsistent
use and benefit, and not for resale or other transfer or disposition
to, or use by or for the benefit of, any other person or entity.
agree to promptly notify PEI upon becoming aware of any unauthorized
access or use of the Services by any party or any claim that the
Services infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
Part 3. Further Restrictions on Use
MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO,
CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF
THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE
AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE,
PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA
SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT
USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER
WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE
ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE
THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND
YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED
THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY
OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS
OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS
TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY
Part 4. Intellectual Property
web site contains material that is derived in whole or in part from
materials supplied by PEI and various other sources. This web site,
including but not limited to its text, logos, content, photographs,
flash animations, video, audio and graphics (the "Intellectual
Property"), is protected by copyrights, service marks, international
treaties and/or other proprietary rights and laws of the U.S. and other
countries. The Intellectual Property is also protected as a collective
work or compilation under U.S. copyright and other laws and treaties.
All individual articles, columns and other elements making up the
Services are also copyrighted works. You agree to abide by all
applicable copyright and other laws, as well as any additional copyright
notices or restrictions contained in the Services.
Part 5. No License Granted
acquire absolutely no rights or licenses in or to the Services and
materials contained therein other than the limited right to utilize the
download content from the Services, you must do so in accordance with
does not transfer any other rights to you.
Part 6. Accuracy Disclaimer
do not warrant or guarantee the accuracy, quality, completeness,
currency, or validity of any information on the web site or linked from
the web site. All information contained on this web site has been
obtained from sources believed by PEI to be accurate and reliable. Due
to the possibility of human and mechanical error, PEI is not responsible
for any errors or omissions.
Part 7. Rights Reserved
present and future rights in and to the Intellectual Property and other
proprietary rights of PEI of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to
all applications and registrations relating to the Services (the
"Intellectual Property Rights") shall, as between you and PEI, at all
times be and remain the sole and exclusive property of PEI. All present
and future rights in and title to the Services (including the right to
exploit the Services and any portions of the Services over any present
or future technology) are reserved to PEI for our exclusive use. Except
any use of the Services or any portion thereof.
Part 8. Liability Disclaimer
material provided on this web site could include technical inaccuracies
or typographical errors and the web site may be subject to periods of
interruption. We may make changes or improvements at anytime.
Part 9. Limitation of Liability
PEI endeavors to maintain the highest professional quality of the
services we offer on our web site, We cannot be held responsible for any
errors, defects, lost profits, or other consequential damages arising
from the use of this web site. We will not be liable for any damages or
injury, including but not limited to, special or consequential damages
that result from any failure of performance, error, omission,
interruption, defect, delay in operation of transmission, or computer
virus, the use of, or the inability to use, the materials in the
Services even if there is negligence by PEI or an authorized
representative of PEI; user has been advised of the possibility of such
damages. The above limitation or exclusion may not apply to you to the
extent that applicable law may not permit the limitation or exclusion of
liability for incidental or consequential damages. Our total liability
to you for all losses, damages, and causes of action (in contract, tort
(including without limitation, negligence, or otherwise) will not exceed
the amount you paid to PEI to access the Services.
Part 10. Indemnification
agree, to the extent permitted by applicable law, to indemnify and hold
PEI, our officers, directors, owners, agents and employees harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Services, the
other user of the Services using your computer, of any Intellectual
Property or other right of any person or entity. PEI reserves the right,
at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you.
Part 11. User Submissions to the Web Site
Services include forms and email addresses that enable electronic
communication to staff members at PEI. All remarks, suggestions, ideas,
graphics, or other information communicated to PEI through our services
will become the property of PEI. Without limitation, We will have
exclusive ownership of all present and future existing rights to the
User Submission of every kind and nature everywhere. We will be entitled
to use the User Submission for any purpose whatsoever (consistent with
other person sending the User Submission.
Part 12. All Submissions Are Subject to These Further Conditions
use of the Services and submission of material for publication on the
pages of the web site are conditioned on your adherence to the following
- You may not restrict or inhibit any other user from using or enjoying any of the Services.
- You may not post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, indecent
or racially, ethnically or otherwise objectionable material of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
- You may not post or transmit any information, software or other
material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights
or which is protected by intellectual property rights.
- You may not post or transmit any information, software or other material which contains a virus or other harmful component.
- You may not post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains
We reserve the right at all times to disclose any information as
necessary to satisfy any law, regulation or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, that in our sole discretion are objectionable or in
violation of its Submission policies.
Under no circumstances
will PEI be required to treat any Submission as confidential (subject to
for its business (including, without limitation, product or service
ideas) and will not incur any liability as a result of any similarities
that may appear in future PEI operations.
You acknowledge that
you are solely responsible for whatever material you submit, and you,
not PEI have full responsibility for the Submission, including its
legality, reliability, appropriateness, originality, and copyright. Your
communication of a Submission is in all respects subject to the Terms
of Use, including without limitation those set forth in
Part 13. Links
PEI may display
links to other web sites that are not owned or maintained by PEI and
which contain information some people may find inappropriate or
offensive. We have not reviewed such web sites and are not responsible
for the content thereof. The inclusion of a link to such web site does
not imply endorsement by PEI. Viewing of any web site linked to the
Services is at your own risk. We encourage you to review the Privacy
their policies may differ from ours.
Part 14. Endorsement Disclaimer
does not necessarily endorse, support, sanction, or verify the
information or material that is submitted to this web site or linked to
this web site. Unless otherwise specifically indicated, PEI has no
affiliation with any of the organizations mentioned or described on the
web site, and we make no representations or warranties with regard to
those organizations. Nor do we endorse or affiliate ourselves with any
of the organizations that are linked to or from this web site.
is incorporated herein by reference. By using this web site, you
expressly consent to certain disclosures of your personally identifiable
and other personal information provided to you by PEI to third parties,
and to use of your information by PEI and third parties, to the extent
Part 16. Policies Concerning Claims of Infringement
is our policy to respond expeditiously upon receiving notice of claimed
intellectual property infringement. We will promptly process and
investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act and other applicable
intellectual property laws.
All notices of copyright infringement should be sent to PEI.
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and information reasonably
sufficient to permit PEI to locate the material.
- The address, telephone number, or email address of the complaining party.
- 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.
- A statement, under penalty of perjury, that the information in the
notification is accurate, and that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. We reserves the right to remove and/or disable access from
the Service to web pages of repeat infringers and reserves the right to
terminate all account holders and subscribers who are repeat infringers
of intellectual property laws.
Part 17. Access and Interference
Our web site
contains robot exclusion headers and you agree that you will not use any
robot, spider, other automatic device, or manual process to monitor or
copy our Intellectual Property or any other content contained herein
without our prior written consent. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with
the proper working of the Services. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on
Part 18. Access Outside the United States
makes no representation that the materials provided at this web site
are appropriate or available for use in locations outside of the United
States, its territories and possessions. If you use the Services from
other locations, you are responsible for compliance with applicable
Part 19. General Disclaimer
PEI is not
responsible for any direct, indirect, incidental, consequential or any
other damages arising out of or in connection with the use of this web
site or in reliance on the information available on the web site. This
includes any personal injury, business interruption, loss of use, lost
data, lost profits, or any other pecuniary loss, whether in an action of
contract, negligence, or other tortuous action, even if we have been
informed of the possibility.
Part 20. Miscellaneous
of the State of Missouri, United States of America, notwithstanding any
principles of conflicts of law and you hereby consent to the
unlawful, void, or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining
Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. If we ask a third party to provide Services through
this web site, the provisions of this agreement shall apply to your use
of the Services, unless otherwise noted. We shall not be liable for any
delay or failure to perform resulting directly or indirectly from any
causes beyond our reasonable control.
We may freely assign or update this agreement.
Revised February 2006.