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PRToolFinder Terms of Use

  • PLEASE REVIEW THIS AGREEMENT VERY CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. ONCE YOU CLICK ON THE PERTINENT ‘ACCEPT’ BOX AT THE END OF THIS AGREEMENT, A CONTRACT ON ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW OR EXPLICITLY INCORPORATED BY REFERENCE HEREIN WILL TAKE FULL FORCE AND EFFECT.AS MORE FULLY PROVIDED IN SECTION 1, MINORS ARE NOT PERMITTED TO USE THIS SITE.

Terms & Conditions

This is the PRToolfinder.com’s Terms of Use Agreement (as more fully hereafter defined, this ‘TOU’ or this ‘Agreement’). It consists of the terms and conditions on which you, the user (the ‘user’ or ‘you’), agree to enter into a binding contract with Milani Marketing & PR LLC (‘PRtoolfinder.com’ or ‘Provider’), and the operator of this website (the ‘Site’). Please also refer to the PRToolfinder’s privacy policy, which is incorporated by reference herein. PLEASE REVIEW THIS AGREEMENT VERY CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. ONCE YOU CLICK ON THE PERTINENT ‘ACCEPT’ BOX AT THE END OF THIS AGREEMENT, A CONTRACT ON ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW OR EXPLICITLY INCORPORATED BY REFERENCE HEREIN WILL TAKE FULL FORCE AND EFFECT.

Please also refer to the PRToolfinder.com privacy policy, which is incorporated by reference herein.

  1. Ownership. This Site is made available by Provider for your use. Unless otherwise specifically provided herein, Provider owns the Site, including but not limited to its design/look and feel (its non-literal elements), and any and all Written Materials (as hereinafter defined) therein. For purposes hereof, the ‘Written Materials’ shall include all information, documents, text, graphics, white papers, data sheets readily visible to the ordinary user of the Site, and all of the text related to the ‘PRTOOLFINDER.COM’ and ‘PRTOOLFINDER’ newsletters (the ‘Newsletters’). The Site and its Written Materials are protected by U.S. and international copyright, trademark and other intellectual property laws. The use of the Site and the Written Materials on the Site, as well as any and all services available through the Site (collectively, and as more fully hereinafter defined, the “Services”), are subject to the terms and conditions set forth in this Agreement and any changes to this Agreement that Provider may publish from time to time (collectively, the “Terms of Use”).

    Except as otherwise provided below, you may view, print, and copy the Written Materials (including the Newsletters, but only if you are an authorized subscriber therefor) for informational purposes only. You may not distribute these copies to other third parties, whether in modified form or otherwise. You may not, without PROVIDER’S express permission, use the Materials in any other way or for any other purpose, including but not limited to: modifying, uploading, posting, adapting, editing, republishing, displaying, plagiarizing, performing, selling, licensing, creating derivative works of, or transmitting the same. If you have any questions about permissible use of the Written Materials, you should contact PROVIDER.

    PROVIDER may at any time, in its discretion, amend these Terms of Use and other guidelines or rules posted on the Site. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s homepage to view the then current-terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and any Written Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

    You acknowledge that Provider (and its licensors, where applicable) owns all right, title and interest in and to the Services, and the content provided through or in conjunction with the Services, including without limitation all Intellectual Property Rights (as hereinafter defined) in and to the Services and any suggestions, ideas, enhancements, requests, feedback and recommendations or other information provided by you or any other party relating to the Services. “Intellectual Property Rights” means any and all rights existing from time to time under U.S. and any other country’s patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties subject to your control to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, or to extract significant portions of Services’ files for use in other applications. You also agree to (and will require third parties to) not remove, obscure, or alter PROVIDER’s or any third party’s copyright notice, trademarks, or other proprietary rights’ notices affixed to or contained within or accessed in conjunction with or through the Services.

    Except as otherwise expressly provided in this paragraph 1 or paragraph 2 below or otherwise by PRToolfinder.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of PRToolfinder’s intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by info@prtoolfinder.com. if you have any questions about obtaining such licenses. PRToolfinder does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by PRToolfinder.com. Any rights not expressly granted herein are reserved by PRToolfinder.com.

  2. Limited Permission to Use Materials. Subject to the limitations set forth in paragraph 1 above, PRToolfinder.com hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer, solely for informational use and provided that all applicable copyright and trademark notices remain intact and unmodified in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any other way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

  3. Links to Third Party Sites. This Site contains links to Web sites controlled by parties other than PRToolfinder.com (the “Third Party Sites”). PRToolfinder.com is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. PRToolfinder.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. PRToolfinder.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PRToolfinder.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that PRToolfinder.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

  4. PRToolfinder Membership Terms, Conditions, and Cancellation

    You may subscribe to a PRToolfinder newsletter on the conditions below and subject to any terms set forth in and the completion of any on-line or off-line registration form as is then currently required by PRToolfinder.com.

    The subscription to PRToolfinder is currently free.

    • • In connection with your posting any comments, ratings or reviews to a PRtoolfinder.com newsletter or 3rd party tool as allowed therein, you agree that such posting shall not::

      1. Be false, inaccurate or misleading
      2. Be fraudulent
      3. Infringe upon any Provider or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy)
      4. Violate this Agreement, any Site policy or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination and/or false advertising).
      5. Be defamatory, libelous, threatening, or harassing, or impersonate or intimidate any person (including Provider staff or other users), or falsely state or otherwise misrepresent your affiliation;
      6. Be obscene or contain child pornography or otherwise lewd, lascivious, filthy or excessively violent or otherwise objectionable;
      7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      8. Modify, adapt or hack Provider or modify another website so as to falsely imply that it is associated with Provider, or claim that Provider endorses anyone;
      9. Appear to or actually create liability for Provider or cause Provider to lose (in whole or in part) the services of Provider’s ISPs or other suppliers; or
      10. Interfere with or damage the Site or its software, operations or activities by any means whatsoever.

      You further agree that Provider:

      1. makes no representations concerning the quality, safety, morality or legality of any aspect of the Services made available by a third-party provider listed in a PRToolfinder newsletter, or the willingness of the third-party provider to provide such services;
      2. cannot verify the truth or accuracy of the listings;
      3. does not promise or represent that the services provided will meet your needs, will resolve your issues or concerns, or will otherwise be satisfactory in any respect;
      4. does not guarantee, or represent and warrant, the validity or accuracy of any services provided by a third-party provider.

    FINALLY, PROVIDER DOES NOT REFER, ENDORSE OR RECOMMEND ANY THIRD-PARTY SERVICE PROVIDER (OR ACCEPT PAYMENT IN EXCHANGE FOR RRECOMMENDING A SPECIFIC PROVIDER). NOR DOES IT VERIFY OR EVALUATE THE ADVICE A THIRD-PARTY PROVIDER GIVES, OR THE EFFECTIVENESS OR ACCURACY OF ITS METHODS.

    PROVIDER RESERVES THE RIGHT TO DELETE ANY COMMENTS MADE TO A PRToolfinder COMMENT BOX OR NEWSLETTER IN ITS SOLE DISCRETION

  5. SERVICES OFFERED BY PRToolfinder.com.

    PRToolfinder.com provides a variety of consulting services, on the terms and conditions below and subject to any terms set forth in and the completion of any on-line or off-line order form as is then currently required by PRToolfinder.com (the ‘Services’).

    As provided in paragraph 1 above, the results of all such Services shall belong to PRToolfinder.com and the hiring party shall receive only a royalty-free, perpetual, limited right thereto.

  6. NO WARRANTY. THE SITE AND ALL MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MILANIMARKETING& PR LLC and PRToolfinder.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    PRToolfinder.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

    ANY MATERIALS AND SERVICES OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PRToolfinder.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

  7. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRToolfinder.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF PRToolfinder.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. PRToolfinder.COM’S S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO PROVIDER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

    NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  8. Indemnification. You agree to defend, indemnify and hold harmless PRToolfinder.com, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials, including but not limited to any violation of its terms.

  9. Unsolicited Submissions. PRToolfinder.com does not want you to, and you are prohibited from, submitting confidential or proprietary information to it through this Site, without first contacting PRToolfinder.com. All comments, feedback, information or material submitted to PRToolfinder.com through or in association with this Site shall be considered non-confidential and PRToolfinder.com property, unless otherwise set forth herein or agreed to by PRToolfinder.com in writing. By providing any unsolicited submissions to PRToolfinder.com you hereby assign to PRToolfinder.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. PRToolfinder.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

  10. Compliance with Laws. You may not access, download, use or export the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

  11. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

  12. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in California, and in San Mateo County. You and PRToolfinder.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

  13. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010, PRToolfinder.com. ALL RIGHTS RESERVED.

  14. Trademarks. PRToolfinder.com, PRToolfinder, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of Milani Marketing & PR LLC and PRToolfinder.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  15. Disclosures

    The services here under are offered by PRToolfinder.com Inc., located in Angels Camp, California.

COPYRIGHT POLICY

PRToolfinder.com reserves the right, in appropriate circumstances and at its discretion, to terminate the account or access of users who infringe the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PRToolfinder.com’S copyright agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. 2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Site, including the URL;
  4. your address, telephone number and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CANCELLATION, REFUND & RENEWAL POLICY

Membership to PRtoolfinder.com is free,subscribers to eNewsletter can opt out at any time. .

Tool Vendors will receive twice yearly emails to update their tool listings, if no response is received information publically available and obtained from agents of tool vendors will be used to make updates to listings and these can be modified by the vendor at any time. .