TERMS OF USE

The PVI SYSTEMS site provides you with information about us, our products, and our services (the “Site”). The Site provides you detailed information about our products.

  • The Site Use of the Site is subject to the following terms of use (the “Terms”). Please read the Terms carefully, as your use of the Site will signify your assent to be bound by these Terms. The user understands that PVI SYSTEMS may, at any time, change or discontinue any feature of the Site, including content, availability, equipment needed for access to the service and/or any upgrades to the software. Furthermore, PVI SYSTEMS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms, at any time, without notice to you and you agree to be bound by such modifications, alterations or updates. Please check the Terms on the Site periodically for any such modifications, alterations or updates. Your continued use of the Site and/or Site shall be deemed your acceptance of the modified, altered or updated Terms.
  • License to Use the Site PVI SYSTEMS grants you a personal, non-exclusive, conditional, non-transferable license and right to use the Site in strict conformity with these Terms. Any other use or exploitation of this Site or the content available at this Site and through the Site is prohibited.
  • Access and Registration In order to use the Site, you need the equipment necessary to connect to the World Wide Web ("WWW") and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Site Provider or other online service).
  • Privacy Your privacy is of utmost importance to PVI SYSTEMS. All information gathered from you in connection with your use of Site will not be provided to any outside parties except those that specifically provide goods or services to PVI SYSTEMS and that can assist PVI SYSTEMS in providing it’s products and services to you.
  • Copyright and Other Rights; Restrictions on Use All proprietary rights in the Site, and text, images, information, data, messages or other materials or information (“Content”) used in connection with the Site are owned or licensed for use by PVI SYSTEMS, including, but not limited to, the selection, assembly and arrangement thereof. You acknowledge and agree that the Site and/or Content contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws. Except as expressly authorized by PVI SYSTEMS in these Terms, you may not copy, reproduce publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content and/or the Site. Permission requests for reproductions may be sent to copyright@PVI Systems.com. You must abide by all copyright notices, information, and/or restrictions contained in or attached to any Content or portion of the Site and/or Site. Any printed Content must include the original copyright or trademark notice originally included with the Content in all copies. PVI SYSTEMS will investigate copyright issues upon notice and take action pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you feel that any Content on the Site infringes your copyrights, you may notify PVI SYSTEMS's copyright agent at the following address (“Notification”): Copyright Agent PVI SYSTEMS Harold Bourassa – Director of Sales By phone: (860) 739-8044 By email: hbourassa@PVISys.com You must include the following information in the Notification: (a) a description of the copyrighted work you allege is being infringed upon, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such copyrighted works at that site (and registration information if such work is registered with the Copyright Office); (b) the location of the allegedly infringing material on the Site, (c) a signature (digital or hard-copy), of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (d) your address, telephone number, and e-mail address, and (e) a statement made under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner's behalf and that the information contained in the Notification is accurate; (f) a statement that you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
  • Trademarks PVI Systems, Inc and the PVI Systems and FiberQA logo are trademarks of PVI SYSTEMS. Third party trademarks, service marks, logos, and trade names appearing on the Site are the property of their respective owners.
  • Third Parties The Site and/or Site contain advertisements and other promotional material of third parties, as well as links to other web sites operated by third parties (“Third Party Sites”). PVI SYSTEMS does not control and is not responsible for the contents of, practices of or any products or services offered in connection with our advertisers, sponsors and other sites linked to the Site and/or Site or for your interactions and/or transactions in connection with them. Inclusion of advertisements or links to such Third Party Sites is not intended to be a referral and/or endorsement of such Third Party Sites, except where otherwise specified, and is provided only for your convenience.
  • Disclaimer PVI SYSTEMS DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY CONTENT. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH CONTENT SOLELY AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY. UNDER NO CIRCUMSTANCES WILL PVI SYSTEMS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION AND/OR CONTENT OBTAINED THROUGH THE SITE OR FOR PVI SYSTEMS TO DELIVER ANY CONTENT TRANSMITTED THROUGH THE SITE. NEITHER PVI SYSTEMS NOR ANY OF ITS EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PVI SYSTEMS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PVI SYSTEMS, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  • Limitation of Liability YOU UNDERSTAND THAT IN NO EVENT WILL PVI SYSTEMS OR ITS OFFICES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE, (II) YOUR RELIANCE ON ANY CONTENT, (III) ANY GOODS OR SERVICES ADVERTISED ON THE SITE, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; EVEN IF PVI SYSTEMS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT PVI SYSTEMS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PVI SYSTEMS, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
  • Indemnification You shall defend, indemnify, and hold harmless PVI SYSTEMS, and each of its affiliates, and the officers, directors, employees, agents, representatives, successors and assigns of each from and against any and all claims, demands, suits, causes of action, damages, losses, costs and expenses, including but not limited to, including reasonable attorneys' fees, arising out of or in connection to: (i) any violation of this Agreement, (ii) any public display of any of the Content found on the Site, and (iii) your use of the Site including, but not limited to, any Content, your connection to the Site, your status as a Site user, or your interaction with any third party on the Internet or WWW.
  • Applicable Law These Terms shall be governed by, construed and enforced in accordance with the laws of the State of CT, applicable to contracts made and performed in the State of CT, without giving effect to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the courts of CT, USA in any and all claims or disputes arising out of, to enforce, construe and/or otherwise relating to these Terms or to this Site.
  • Limitation Any and all claims or causes of action that arise out of or are in connection with the use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose, notwithstanding law inconsistent with this limitation.

Miscellaneous These Terms constitute the entire agreement between you and PVI SYSTEMS with respect to the Site, and the Terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site. These Terms constitute a written agreement between you and PVI SYSTEMS. A printed version of these Terms, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. If any provision of the Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms shall remain in full force and effect. The failure by PVI SYSTEMS to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or right of PVI SYSTEMS. The Terms will inure to the benefit of PVI SYSTEMS and its successors and assigns

 
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