PACIFIC MARKET INTERNATIONAL, LLC
1. Acceptance of Site Terms:
These terms and conditions of use (‘Site Terms’) govern your access to and use of the Site and you accept each of these Site Terms without limitation. If you do not accept each of these Site Terms without limitation, please exit the Site. These Site Terms supersede any other agreements you may have with PMI regarding this subject matter. PMI reserves the right to change these Site Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes will constitute your acceptance of such changes. If you don’t agree to the amended terms, you must stop using the Site. Each user is solely responsible for the communications medium used by such user in community interactions. PMI reserves the right to expel users and prevent further access to the Site for violating these Site Terms or applicable law. Parents and guardians are solely responsible for use of the Site by children under the age of eighteen (or the age of majority in the state in which such children reside if different).
All questions or comments about the Site or its contents should be directed to firstname.lastname@example.org.
3. Content Ownership:
The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the ‘Content’) are owned and copyrighted by PMI, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by PMI unless otherwise noted, and you may not use the Content, except as provided by these Site Terms, without the prior written permission of PMI.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of PMI or its licensors unless otherwise stated herein. PMI and its licensors expressly reserve all intellectual property rights in all Content on the Site.
In its sole discretion, PMI or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
4. User Conduct:
PMI maintains the Site for your information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use: provided, however, that you retain all copyright and other proprietary notices contained on the Content. You agree not to distribute, copy (except as set forth above), transmit, display, reuse, reproduce, republish, upload, post, or transmit any Content, in any form or by any means, unleass a feature on our Site specifically gives you permission to do so or you get written consent from PMI first. You agree that modification of any Content, creation of derivative works, reverse-engineering, disassembly, or any conversion of the Site or use of Content for any unauthorized purpose is in violation of PMI’s intellectual property rights and may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes. PMI retains full and complete title to the Site and all associated Content.
Additionally, you agree to not engage in any of the following activities on the Site:
- Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of PMI;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the Site to advertise or perform any commercial solicitation.
6. Links to Third-Party Sites:
The Site may contain links to other Internet sites not under the ownership or editorial control of PMI. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by PMI of any products, services, advice or information available from such sites. PMI does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release PMI and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of PMI. Check the Uniform Resources Locator (‘URL’) address provided in your Worldwide Web browser to see if you are still in a PMI Site or have moved to another third-party site.
7. EXCLUSION OF LIABILITY:
NEITHER PMI NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY PMI SITE, AND YOUR USE OF ANY PMI SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY PMI SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. PMI DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY PMI SITE.
PMI IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, PMI IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. PMI’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
THE CONTENT OF ANY PMI SITE IS PROVIDED “AS IS” AND PMI DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS CONTAINED IN THE CONTENT;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT PMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
You agree to indemnify PMI and its officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- any use by you or your employees or agents of this Site in breach of these Site Terms,
- any claim that the posting, uploading, emailing or other submission of any material by you or on your behalf is an infringement of your or any third party’s copyright, trademark or other intellectual property rights;
- any claim that the copying, modification, processing, printing, display, transmittal or other actions taken by us in accordance with these terms of any material posted, uploaded, emailed or otherwise submitted by you or on your behalf is an infringement of your or any third party’s copyright, trademark or other intellectual property rights.
9. Export Control:
Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. PMI does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
10. Cautionary Language Regarding Forward Looking Information:
The Site may contain statements, estimates or projections that constitute, “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from PMI’s historical experience and its present expectations or projections. These risks include, but are not limited to, PMI’s ability to finance expansion or acquisition plans, share repurchase programs and general operating activities; changes in the applicable business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in PMI’s filings. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. PMI undertakes no obligations to publicly update or revise any forward-looking statements.
11. Revisions to the Terms:
12. Content Submitted by Users
Any communication or material you transmit to PMI at the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by PMI or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PMI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. PMI will not compensate you in any way for any such information, nor will the information be returned to you.
13. Notice for claims of intellectual property violations and agent for notice:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PMI with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PMI’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Pacific Market International, LLC
Attn: Legal Affairs
2401 Elliot Avenue, 4th Floor
Seattle, WA 98121
14. Site Security:
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from PMI on this Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. PMI may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
15. Choice of Law and Venue:
This Agreement shall be governed and construed in accordance with the laws of the State of Washington, without regard to choice of law rules. Litigation arising out of or in connection with the use of the Site, under this Agreement, or relating to PMI products shall be exclusively in state and federal courts located in King County, Washington.
This Agreement constitutes the entire agreement between you and PMI and governs your use of the Site. The failure of PMI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising under this Agreement must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.
January 4, 2016