Oregon Precision Industries, Inc., dba PakTech
2. CHANGES TO TERMS
PakTech reserves the right at its sole discretion to add, delete, change or modify any part of the Terms at any time without prior notification. It is your responsibility to periodically check the Terms for any updates. Please review the Terms periodically to ensure you are familiar with the current Terms. By using this site, you agree to be bound by the most recently posted Terms. In the event you do not consent to the updated Terms, you must discontinue use of our Site.
3. AUTHORIZED USERS
Our Site is not intended for use by children or minors under the age of 18. If you are using our Site on behalf of a company, organization, or entity, you are agreeing to the Terms on its behalf.
4. LIMITATIONS ON USE
While using the Site, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Site. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Site for any purpose without prior express written permission from PakTech; (b) take any action that imposes, or may impose, in PakTech’s sole discretion, an unreasonable or disproportionately large load on PakTech’s infrastructure; (c) bypass any measures PakTech may use to prevent or restrict access to the Site; (d) use the Site in violation of the Prohibited Content Policy (as defined below); or (e) use the Site to send altered, deceptive, or falsely-sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers.
PakTech has the right, in its sole discretion, to change, modify or discontinue any page, feature or other component or element of the Site or the PakTech Content (as defined below) at any time, and for any reason or no reason, with or without prior notice to you. PakTech reserves the right to restrict your access to some or all of the Site at any time for any reason or no reason, with or without prior notice to you. The Terms will apply to any upgrades, changes, or modifications to our Site or PakTech Content.
Any unauthorized or prohibited use of the Site or content may subject you to civil liability and criminal prosecution under applicable federal and state laws.
5. USER SUBMISSIONS
As part of your use of the Site, you may be provided with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics, external links or other materials (“User Content”).
You hereby grant PakTech a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, worldwide right and license to practice, exploit, make, use, reproduce, transmit, display, exhibit, disclose, index, comment on, modify, improve, create derivative works based upon, perform and distribute such User Content in connection with the operation, development, provision, and use of the Site and in connection with other products and services offered by PakTech.
By submitting User Content, or otherwise submitting content to the Site, you represent and warrant: (a) you own or otherwise have all necessary intellectual property rights to the User Content you provide and the use of such User Content you provide does not violate the Terms; (b) the User Content you provide is true, accurate, current and complete; (c) the User Content complies with our Prohibited Content Policy; and (d) the User Content will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your User Content, whether or not it is ever used by PakTech.
While PakTech is under no obligation to monitor, refuse, move or remove any User Content that is posted by users or any other content that is available via the Site, PakTech reserves the right to do so in its sole discretion. Without limiting the foregoing, PakTech and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable to PakTech.
6. PROHIBITED CONTENT
By using the Site, you agree that you will not post, submit, or otherwise distribute User Content that meets any of the criteria set out below (collectively, our “Prohibited Content Policy”).
Prohibited Content is content:
a) That is false, inaccurate, or misleading;
b) That infringes or otherwise violates any third party’s: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of publicity or privacy (specifically, you must not distribute any other person’s personal information of any kind without their express permission); or (iii) confidentiality obligation;
c) That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or that is itself illegal in any way;
d) That is, or may reasonably be considered to be, offensive, such as profanities and expletives, or threatening or harassing to any individual or entity;
e) That contains any computer viruses, worms or other potentially damaging computer programs or files;
f) That manipulates headers or identifiers to disguise the origin of the content;
g) That interferes with, or otherwise harms or violates the security of the Site, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked websites;
h) That contains link(s) to other websites that contain content that falls within the proscriptions set forth above; and
i) That contains information you or a third party considers confidential.
We cannot and do not assure that other users are or will be complying with the Prohibited Content Policy or any other provisions of the Terms, and, as between you and PakTech, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
7. INTELLECTUAL PROPERTY RIGHTS
Our Site, including without limitation, all software code, site architecture and design, interactive features and the appearance and arrangement of various PakTech Content (defined below), all trademarks, service marks and trade names used in connection with our Site, products, and services (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements, and the selection and arrangements thereof (collectively, “PakTech Content”) are the property of PakTech and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property rights laws.
You may not download, store, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any PakTech Content, except as incidental to your accessing and viewing our Site. Without limiting the generality of the foregoing, you agree not to: (a) sell, resell, lease or the functional equivalent, the Site or any PakTech Content to a third party; (b) attempt to reverse engineer the Site, the PakTech Content, or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to, the Site or the PakTech Content; or (d) attempt to create materials similar to the PakTech Content other than in connection with your use of the Site. Except as otherwise provided in the Terms, you may not make any use of the PakTech Content, including without limitation the Marks, without the express prior written consent of PakTech.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE SITE, PAKTECH CONTENT, OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.
8. AUTHORIZED PAKTECH DISTRIBUTORS
9. COMMUNICATIONS WITH THIRD PARTY SITES
While using the Site, you may be introduced to, or be able to access, websites, advertisements or information offered by other parties. For example, another user may upload User Content that contains a link to a third-party website. Such links are provided solely as a convenience to you and do not imply endorsement by PakTech of, or any affiliation with, or endorsement by, the owner of the linked website. PakTech is not responsible for the actions or policies of such third parties and PakTech will not be liable for any goods, services, resources or content available through third-party dealings or communications, or for any harm related thereto. Before clicking on a third-party webpage, providing information to such third party or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you are comfortable with them. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
10. PROVISION OF THE SITE
PakTech has no responsibility to provide you access to the Site. PakTech reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that PakTech shall not be liable to you for any modification, suspension or discontinuance of the Site, or your access thereto.
11. GOVERNING LAW, JURISDICTION AND VENUE
The laws of the State of Oregon, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site must be instituted within six (6) months from the date upon which such claim or cause of action arose or accrued. Further, any such claim or cause of action must EXCLUSIVELY be brought in the state or federal courts located in Eugene, Lane County, Oregon, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Oregon as your agent for service of process. You agree to waive any objection that the state or federal courts of Lane County, Oregon are an inconvenient forum.
12. WARRANTIES AND DISCLAIMERS
YOUR USE OF THE SITE AND PAKTECH CONTENT IS AT YOUR OWN RISK. THE SITE AND PAKTECH CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL MATERIALS AND INFORMATION ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES AND/OR INFORMATION DISPLAYED ON THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR DISPLAY OF THIS SITE IS TO STOP USING AND/OR DISPLAYING THE SITE.
THE INFORMATION CONTAINED ON THIS WEBSITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAKTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND PAKTECH CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PAKTECH HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION POSTED ON THE SITE BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES. PAKTECH DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
13. LIMITATION OF LIABILITY
16. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any material available on the Site infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing PakTech’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.
All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PakTech to locate the material;
d) Information reasonably sufficient to permit PakTech to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) 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; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PakTech’s Designated Agent:
Mail: Oregon Precision Industries, Inc. dba PakTech
Attn: Copyright Agent
1680 Irving Road
Eugene, OR 97402
If you believe that material you posted to our Site that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification (“Counter Notification”) to the Copyright Agent containing the information described below.
Please note PakTech is required to send a copy of your Counter Notification to the party who submitted the Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.
Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.
All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3) for further details):
a) Your physical or electronic signature;
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for the District of Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
Upon receipt of a Notification or Counter Notification, PakTech will comply with the applicable procedures set forth in 17 U.S.C. § 512. Pursuant to 17 U.S.C. § 512(i)(1)(A), it is PakTech’s policy to terminate, in appropriate circumstances, user account holders who are repeat infringers.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PakTech as a result of the Terms or your use of the Site.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Terms are the entire agreement between you and PakTech regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.
HOW TO CONTACT PAKTECH:
If you have any questions about the Terms, the Site, or to resolve a dispute, you can contact PakTech at:
Mail: Oregon Precision Industries, Inc. dba PakTech
Attn: Marketing Dept.
1680 Irving Road
Eugene, OR 97402