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Terms
of Use and Conditions Agreement
Last Updated: 04/15/2003
The
Pennsylvania Research Company ("Paresco") is a financial research
information site. "You" or "user" refers to any person or entity
which accesses or uses the paresco.com website or information (collectively,
the "Site").
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Agreement. This page states the terms and conditions under
which you may use the Site. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE. By
accessing this Site, you indicate your acknowledgment and acceptance
of this Agreement. Paresco reserves the right to modify or
discontinue temporarily or permanently the Site for any reason, at its
sole discretion, with or without notice to you. Paresco likewise
may change the terms and conditions of this Agreement (the "Terms")
from time to time with or without notice to you and such modification
shall be effective immediately after posting of the modified
Agreement. You agree to review this Agreement periodically to
ensure that you are aware of any modifications. Your continued
access or use of the Site after the modifications have become
effective shall be deemed your conclusive acceptance of the modified
Terms.
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License. The contents of the Site, including its "look and
feel" (e.g., text, graphics, images, logos, and button icons),
editorial content, notices, software (including html-based computer
programs) and other material, are protected under both united states
and foreign copyright, trademark, and other laws. These contents
belong or are licensed to Paresco. We hereby grant you the right
to view and use this Site subject to the terms and conditions of this
Agreement. You may download and/or print a copy of information
provided in this Site for your personal, non-commercial use only.
Permission to reprint or electronically reproduce any document or
graphic in whole or in part for any other purpose is expressly
prohibited, unless prior written consent is obtained from the
respective copyright holder(s). You may contact us at: Paresco, 5627
Sherwood Drive, Easton, PA 18040. You agree not to reproduce,
duplicate, copy, sell, resell, use or exploit for any commercial
purposes, this Site or use of or access to the Site or any information
or technology obtained from the Site. In turn, you grant us a
non-exclusive, royalty-free license to use any content that you post
on the Site for any purpose, subject to the express terms of this
Agreement
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Privacy. We respect your personal privacy. When
you register at www.paresco.com,
you will be asked to provide certain identifying information,
including your name, address, phone, e-mail, and debt
information. You understand and agree that
Paresco will disclose
this information to a credit counseling agency. Customer representatives of these organizations will
call the telephone number you provide to offer you a free financial
consultation. You are under no obligation to heed their
financial advice or to join their debt consolidation program even if
your financial situation would benefit from this advice or program.
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Usage
Rules. As a condition of your use of this Site, you warrant
to us that you will not use this Site for any purpose that is unlawful
or prohibited by this Agreement. We reserve the right to deny
you access to any part of this Site at our sole discretion.
- You may not post incomplete, false, or inaccurate personal
information as part of your registration information for the “Bills
Paid Vacation” sweepstakes.
- You may not post or transmit any information that is libelous,
defamatory, or that discloses private or personal matters concerning
any person. You may not post or transmit any message, data,
image or program that is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or program
that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or
other confidential proprietary information, and trademarks or Site
marks used in an infringing fashion.
- You may not interfere with other users’ use of the Site,
including, without limitation, deleting or revising any material
posted by another person or entity or taking any action that imposes a
disproportionate burden on the Site infrastructure or that negatively
affects the availability of the Site to others.
- You may not post or transmit any file which contains, or otherwise
introduce onto the Site, any viruses, worms, Trojan horses or any
other contaminating or destructive features.
- You may not post or transmit any registration information that is
harassing, harmful, threatening, abusive, hateful, or racially,
ethnically or religiously disparaging or exclusionary.
- You may not post or transmit charity requests; petitions for
signatures; franchises, distributorship, sales representative agency
arrangements, or other business opportunities; club memberships; chain
letters; or letters relating to pyramid schemes. You may not
post or transmit any advertising, promotional materials or any other
solicitation of other users to use goods or services.
- Notwithstanding anything to the contrary in this Agreement, 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 this Site other
than the search engines and search agents available from Paresco on
this Site and other than generally available third-party web browsers
(such as Netscape Communicator or Microsoft Explorer) is prohibited.
- You may not attempt to decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making
up a part of the Site.
- You agree to abide by all applicable local, state, national, and
international laws and regulations in your use of the Site. Our
Site is available only to individuals who are permitted to use it
under applicable law. If you do not qualify, please do not use
our Site.
- Review of Postings and Conduct of Users. Paresco is
under no obligation to review all communications and materials posted
on the Site or sent to users through the Site. Nothing on the
Site shall be treated as an endorsement, representation or warranty
with respect to any user or other third party. For these
reasons, you agree to release Paresco (and our officers, directors,
agents and employees) from claims, demands, and damages (actual and
consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Paresco reserves the right to block or remove communications or
materials that it determines, in its sole discretion, to be (a)
abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark, or other
intellectual property right of another, or (d) offensive or otherwise
unacceptable to Paresco.
- Links. The Site may
contain links to websites operated by other parties. The links
are provided for your convenience only. We do not control such
websites, and we are not responsible for the content and performance
of these Sites or for your transactions with them. Our
inclusion of links to such websites does not imply any endorsement
of the material on such websites or any association with their
operators. Paresco does not in any way operate, control or
endorse any information, products or sites provided by third parties
through the Internet. See our privacy policy regarding information which may be transferred to
third parties by using these links.
- Warranty Disclaimer. Paresco makes no representations
or warranties with respect to the accuracy or timeliness of material
posted on the Site. Use of or reliance on that material is made
at your own risk. Paresco may make changes to the Site and the
information contained therein from time to time, at its sole
discretion. The information on this Site is provided on an "as
is" and "as available" basis. Paresco disclaims all warranties
and conditions, either express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, title, and non-infringement, with regard to the products,
site and information contained on or made available through this Site. Paresco makes no warranty that the
Site will meet your requirements or
as to the results that may be obtained from the use of the Site or as
to the accuracy or reliability of any information obtained through the
Site. Paresco expressly disclaims any warranty that the
information on this Site or on the internet generally will be free of
interruption or that the Site (or any information or software
contained therein) is free of viruses, worms, trojan horses or other
code that manifest contaminating or destructive properties.
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Waiver, Release and Limitation of Liability. You agree
that neither Paresco, nor its officers, directors, employees, or
agents shall have any liability to you under any theory of liability
or indemnity arising out of or relating to use of the Site. You
hereby release and forever waive any and all claims you may have
against Paresco, its officers, directors, employees, and agents
(including but not limited to claims based upon the negligence of
Paresco, its officers, directors, employees, or agents) for losses or
damages you sustain arising out of or relating to use of the Site.
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Survivability of Limitation of Liability.
Notwithstanding the foregoing paragraph, because some jurisdictions
do not allow the exclusion or limitation of liability to the full
extent described above, these limitations may not apply to you.
If this limitation of liability or exclusion of warranty is held to
be invalid or unenforceable for any reason, the maximum collective
liability of Paresco, its officers, directors, employees, and
agents, if any, for losses or damages shall not exceed $300.
In no event shall Paresco, its officers, directors, employees, or
agents be liable to you for any losses or damages greater than the
amount referred to above. All other damages, direct or
indirect, special, incidental, consequential or punitive arising out
of or relating to use of the Site are hereby excluded even if Paresco, its officers, directors, employees, or agents have been
advised of the possibility of such damages.
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Disclaimer of Liability for Site Interruption. Neither
Paresco, nor any of its affiliates, directors, officers, employees,
agents, or any third-party vendor will be liable or have any
responsibility of any kind for any loss or damage that you incur in
the event of any failure or interruption of the Site, or resulting
from the act or omission of any other party involved in making this
Site or the data contained therein available to you, or from any other
cause relating to your access to or your inability to access the Site
or these materials, whether or not the circumstances giving rise to
such cause may have been within the control of Paresco or of any
vendor providing software or Site support.
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Indemnification. You agree to indemnify, defend and hold
harmless Paresco, its officers, directors, employees, and agents from
and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, arising out of or relating to any
violation of this Agreement or any activity related to your use of the
Site (including but not limited to infringement of third parties’
worldwide intellectual property rights or negligent or wrongful
conduct).
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User Representations. You represent and warrant that you
are at least 18 years of age and that you possess the legal right and
ability to enter into this Agreement and to use the Site in accordance
with this Agreement. You agree to comply with your responsibilities
and obligations as stated in this Agreement.
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Right To Terminate. Paresco shall have the right to
terminate your ability to use or access the Site at any time without
notice to you.
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Miscellaneous.
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You agree that no joint venture, partnership, employment, or agency
relationship exists between Paresco and you as a result of this
Agreement or your use of the Site.
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You may not assign this Agreement or any part thereof without
Paresco’s express written consent.
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Any cause of action or claim you may have with respect to Paresco must
be commenced within one (1) year after the claim or cause of action
arises.
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Paresco’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right.
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Paresco may assign its rights and duties under this Agreement to any
party at any time without notice to you.
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Entire Agreement. This Agreement comprises the full and
final understanding between you and Paresco and merges and supersedes
any and all other agreements, understandings or representations,
written or oral, with respect to the subject matter hereof. The
Agreement may not be modified except by a writing (in paper or
electronic form) signed by you and by an authorized representative of
Paresco, and referring specifically to this Agreement. Neither
the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement.
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Severability. The provisions of this Agreement are
severable, and in the event any provision hereof is determined to be
invalid or unenforceable for any reason, such invalidity or
unenforceability shall not in any way affect the validity or
enforceability of the remaining provisions.
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Contacting Us. To contact us with any questions or
concerns in connection with this Agreement, or to provide any notices
under this Agreement, please contact us at:
The Pennsylvania Research Company
Attn: Legal
5627 Sherwood Drive
Easton, PA 18040
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