By using the pieNETWORKS Web site and the pieNETWORKS product contained therein, you (the "User") are agreeing to abide by the following Terms of Use ("Terms"), any updates, or any other guidelines or rules posted from time to time on our Web site or in connection with our Site, which are hereby incorporated by reference. pieNETWORKS reserves the right to modify these terms at any time. As a result, please check the Terms regularly as there may be modifications.
Description of Site
pieNETWORKS currently provides a corporate Web site describing pieNETWORKS businesses (the "Site"). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms. The Site is provided "AS-IS" and pieNETWORKS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. Content provided by pieNETWORKS is for informational purposes only.
The Site is NOT to be used to:
Send, or otherwise transmit any Content that is unlawful including but not limited to any Content that is proprietary to someone else, or is abusive or harassing
Manipulate identifiers in order to disguise the origin of any Content transmitted through the Site
Send or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, including the Site
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site
Third Party Sites
The Site may link you to other sites on the Internet. These other sites are not under the control of pieNETWORKS , and pieNETWORKS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by pieNETWORKS or any association with its operators.
International Sites
Recognizing the global nature of the Internet, the User must comply with all local rules regarding online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which he or she resides.
Indemnity
The User agrees to indemnify and hold pieNETWORKS , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content sent or transmitted through the Site, the use of the Site, the connection to the Site, the violation of the Terms, or the violation of any rights of another.
No Resale of Site
No portion of the Site, use of the Site, or access to the Site may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes, without a prior written agreement with pieNETWORKS .
General Practices
pieNETWORKS may establish general practices and limits concerning use of the Site, including, but not limited to, the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. pieNETWORKS reserves the right to log off users that are inactive for an extended period of time. Furthermore, pieNETWORKS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications
pieNETWORKS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. pieNETWORKS shall not be liable to any party for any modification, suspension or discontinuance of the Site.
Proprietary Rights
The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to anyone through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No User or third party may modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, without a prior written mutual agreement with pieNETWORKS.
Disclaimer of Warranties
Any material obtained through the use of the site is done at the user's discretion and risk. The user will be solely responsible for any damage to his or her computer system or loss of data that results from the download or use of the site.
No advice or information, whether oral or written, obtained by you from pieNETWORKS through or from the site shall create any warranty not expressly stated in the Terms
Limitation of Liability
pieNETWORKS shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if pieNETWORKS has been notified of the possibility of such damages resulting from:
The use or the inability to use the site
The cost of procurement of substitute goods and sites resulting from any data, information obtained, or messages through or from the site
Unauthorized access to or alteration of the user's transmissions or data
Statements or conduct of any third party on the site or any other matter relating to the site
Exclusions and Limitations
Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the user.
Notices
Notices to Users will be made on the Site. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices.
Trademarks
pieNETWORKS and the pieNETWORKS logos and product and service names are trademarks of pieNETWORKS Pty Ltd. No one may display or use any pieNETWORKS' trademarks in any manner, without pieNETWORKS' prior written permission.
General
The Terms and any Site requirements constitute the entire agreement between the User and pieNETWORKS and govern all use of the Site. Additional Terms may apply when third-party content, material and/or information is transmitted, accessed or used. The Terms and the relationship between the User and pieNETWORKS shall be governed by the laws of Western Australia without regard to its conflict of law provisions. The failure of pieNETWORKS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be invalid, the parties agree that the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, user agrees to file any claim or cause of action arising out of or related to use of the Site or the Terms within one (1) year after such claim.
