a. “Plumbline Solutions Parties” is Plumbline Solutions, its licensed affiliates, service providers, licensors and/or suppliers.
b. “Website” is www. plumblinesolutions.com, including certain non-public areas accessible by authorized users only.
c. “Website Contents” is all materials on the Website, including, without limitation, text, images and software, and all modifications and enhancements thereof.
User Conduct on the Website. When using the Website, you agree:
a. not to use the Website in any way that is unlawful, or harms a Plumbline Solutions Party or any customer of a Plumbline Solutions Party, as determined by Plumbline Solutions, in its sole discretion;
b. not to interrupt, or attempt to interrupt, the operation of the Website in any way;
c. not to restrict, in any way, any other user from using the Website;
d. not to post or transmit to the Website any software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
e. not to use the Website to transmit, directly or indirectly, any unsolicited bulk email or unsolicited commercial email (spam);
f. not to post any obscene, indecent, pornographic, hateful, profane, sexually explicit, abusive, false or misleading, fraudulent, slanderous, libelous, defamatory, unlawful or otherwise objectionable material, at any time;
g. to assume sole responsibility for the content of any materials you post on the Website;
h. except as necessary to use the Website as provided in this Section, not to copy, reproduce, post or distribute, in any way, any portion of the Website or derivative works thereof; and
i. to comply with any reasonable rules or regulations relating to use of the Website posted on the Website.
Links to Other Websites; Third Party Account Information.
The Website may contain links and pointers to other sites on the Internet which may be maintained by third parties. By accessing the Website, you authorize Plumbline Solutions and its agents to access third party sites designated by you or on your behalf, to submit and retrieve information authorized or requested by you, and you appoint Plumbline Solutions and its agents as your agent for this limited purpose. You acknowledge that Plumbline Solutions does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
If you make purchases on the Website or through third-party sites, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide for purposes of making purchases will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to any such purchases.
Plumbline Solutions reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, to modify the Website, to add or delete features on the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that Plumbline Solutions is not responsible for any materials posted by third-party users of the Website. Prior to purchasing any third party products or services described on the Website, you are advised to verify pricing and other information. Plumbline Solutions shall have no liability arising from your purchases of third party goods or services based upon the information provided on the Website.
Modification to the Website.
Plumbline Solutions reserves the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. Plumbline Solutions may also impose limits on certain features and services or restrict your access to part or all of the Website without notice or liability.
Privacy and Security.
Plumbline Solutions has taken reasonable actions, including encryption and firewalls, to ensure that your personal information is disclosed only to those designated by you. However, you acknowledge that the Internet is an open system and Plumbline Solutions cannot and does not warrant or guarantee that personal information will not be intercepted by third parties. Plumbline Solutions disclaims any liability for interception of any data or communications. Notwithstanding the first sentence in this Section, Plumbline Solutions may disclose information submitted by you to Plumbline Solutions or the Website if required by law or in the event that Plumbline Solutions , in good faith, believes disclosure is necessary to (i) comply with legal process, or (ii) protect the rights or property of Plumbline Solutions' Parties, users of the Website or others. Plumbline Solutions does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Statement. For more information on Plumbline Solutions ‘ Privacy Statement, see the Privacy Statement posted on the Website. If you object to your information being used in the manner set forth in the Privacy Statement, you should discontinue use of the Website.
Reservation of Rights.
Proprietary Protection of Website.
You acknowledge and agree that the Website and Website Contents consists of proprietary products of Plumbline Solutions or third parties, protected under United States copyright law and trade secret laws generally. The Plumbline Solutions Website and Website Contents are Copyright © Plumbline Solutions 2009-2010. All rights reserved. You will devote your best efforts to ensure that all your personnel and all other persons afforded access to the Website and/or Website Contents shall protect same against improper use.
You acknowledge that, in the event of your breach of any of the provisions of this Section, Plumbline Solutions will not have an adequate remedy at law. Plumbline Solutions shall, therefore, be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Plumbline Solutions' right to obtain injunctive relief shall not limit its right to seek further remedies.
You hereby agree to indemnify, defend and hold harmless Plumbline Solutions from and against any and all claims, proceedings, damages, liability and costs (including reasonable attorneys fees) incurred by Plumbline Solutions in connection with any claim arising out of (i) any breach or alleged breach of any of your obligations set forth herein, (ii) any acts by you or materials or information posted or transmitted by you in connection with the Website, regardless of the type or nature of the claim. You shall cooperate as fully as reasonably required in the defense of any claim. Plumbline Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent ofPlumbline Solutions.
Disclaimer of Warranties.
THE WEBSITE, INCLUDING ALL WEBSITE CONTENTS, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND "AS AVAILABLE." PLUMBLINE SOLUTIONS PARTIES MAKE NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, RELIABILITY, OR UNINTERRUPTED ACCESS; (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE; AND (iii) WARRANTIES THAT ACCESS TO OR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER APPLIES TO ANY EXPENSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE. WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
NO ADVICE OR INFORMATION PROVIDED BY PLUMBLINE SOLUTIONS SHALL CREATE ANY WARRANTY.
Exclusive Remedy; Limitation on Liability; Cumulative Liability
IN NO EVENT SHALL PLUMBLINE SOLUTIONS BE LIABLE TO YOU, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF PLUMBLINE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY SET FORTH IN THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY IS DEEMED UNENFORCEABLE.
No third party is authorized by Plumbline Solutions to make any representation or warranty to you regarding the Plumbline Solutions Website.
Statute of Limitations.
You agree that Plumbline Solutions may provide notices and other communications to you solely by means of e-mail, posting on the Website or other electronic transmission.