TERMS AND CONDITIONS
Unless otherwise indicated, as used in Terms, the terms (1) “Pioneer” refers to Pioneer Industries, Inc. and its subsidiaries and affiliates and (2) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by Pioneer on or through Site, including user interfaces and the selection, coordination and arrangement of such information.
License and Permitted User Conduct
Pioneer grants user a limited license to access and make personal use of Site, which does not include any resale or commercial use of Site or Content; any collection and use of any product listings, descriptions or prices; any derivative use of Site or Content; any downloading or copying of account information for the benefit of another; or any use of data mining, robots or similar data gathering and extraction tools. Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Pioneer. Any unauthorized use terminates the license granted by Pioneer to use Site.
User may view and make a single electronic or paper copy of the information posted on any screens of Site, provided that use of copy is solely for personal, informational and non-commercial purposes and that (1) all copyright and other proprietary notices are kept intact, (2) Content or use is not modified in a manner that suggests an association with any Pioneer products, services or brands and (3) quantities of Content are not downloaded to a database that can be used to avoid future downloads from Site. User may not reproduce, copy, upload, post, transmit, display or otherwise redistribute any Content, materials or design elements of Site for commercial purposes without prior written consent. User may not (1) decompile, disassemble or reverse engineer Site or otherwise attempt to determine source code or trade secrets of Site, (2) violate or attempt to violate the security of Site or (3) otherwise disrupt or interfere with the operation of Site. User may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.
All registered or unregistered corporate names, trade names, trademarks, service marks, logos, emblems and other source-identifying designations used or referred to on Site are the property of Pioneer unless otherwise noted, and their unauthorized use without the express written consent of Pioneer is strictly prohibited.
All Content on Site, as defined in Terms and including but not limited to, all written materials, catalogs, photographs, consumer programs, illustrations, artwork, designs, graphics, layout, or other materials, are the intellectual property of Pioneer and protected by all copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights afforded under United States and international laws. Nothing stated or implied on Site confers upon user any license or right under any copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights of Pioneer or any third party. Unauthorized use of Pioneer’s intellectual property is expressly prohibited and may be a violation of law.
Links to Site and Third Party Websites
If a hyperlink is created to Site, user may do so only under the following conditions: (1) any link to Site must be a text-only link and clearly marked “Pioneer Industries, Inc.”; (2) the link must “point” to Site’s homepage only and not to other pages within Site; (3) when selected by a user, the link must display Site on full-screen and not within a “frame” on the linking site; (4) the appearance, position and other attributes of the link may not imply that user or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with Pioneer and/or its affiliates; (5) the appearance, position and other aspects of the link must not portray Pioneer, its affiliates or products or services in a false, misleading, derogatory or otherwise offensive manner; and (6) Pioneer reserves the right to revoke its consent to the link at any time at its sole discretion and user must remove the link immediately upon Pioneer’s request. By linking to Site, user is expressly agreeing to be bound by Terms.
As a convenience, Site may contain links to external third-party websites that are not under the control of Pioneer. These third party websites contain information created, published, maintained, or otherwise posted by companies, organizations, or others independent of Pioneer. Pioneer makes no representations whatsoever about any third party website to which user may have access through Site. When such third party websites are accessed, it is done at user’s own risk and Pioneer shall not be responsible or liable for any content, advertising, products, or other materials available from such websites. User also agrees that Pioneer shall not be liable for any loss or damage of any sort incurred as a result of use of any third party websites.
Forums, Communications and User Content
Site may enable users to submit own content to a chat area, message board or e-mail function (“forum””). Any forum on Site is a free service to enable user to share comments about products and services available on Site. Comments and other content may be posted; e-cards and other communications sent; and suggestions, ideas, product ideas, photographs, comments, questions or other information submitted as long as content is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses or malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. User is solely responsible for the content provided. Site reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If user does post content or submit material, unless indicated otherwise, Pioneer may use it royalty-free on an unrestricted basis. In such event, user grants Pioneer a nonexclusive, royalty-free, perpetual, irrevocable and fully assignable right to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. User grants Pioneer and its assignees and/or sub-licensees the right to use any content, product idea and the name submitted in connection with such content or idea, if so chosen. User represents and warrants that user owns or otherwise controls all of the rights to the content submitted, that the content is accurate; that use of the content supplied does not violate Terms and will not cause injury to any person or entity; and that user indemnifies Pioneer for all claims resulting from user’s submissions. No material will be returned. Pioneer has the right but not the obligation to monitor and edit or remove any submission, and takes no responsibility and assumes no liability for any content posted by user or any third party.
Disclaimer of Warranties
Pioneer makes no warranty that Site will meet user’s requirements or that it will be uninterrupted, timely, secure, or error free; nor does Pioneer make any warranty as to the results that may be obtained from the use of Site or as to the accuracy or reliability of any information obtained through Site. User acknowledges and agrees that any content downloaded or otherwise obtained through the use of Site is done at user’s own risk and that user will be solely responsible for any damage done to user’s computer system or loss of data that results from the download of such content.
UNLESS EXPRESSLY STATED OTHERWISE, PIONEER PROVIDES SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE SITE CONTENT, EVEN IF PIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
Pioneer shall be free from all liability (whether based in contract, tort, negligence, strict liability, by statute or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or relating to access to and/or use of Site (including those arising from reliance on Site Content or on any products or services obtained through the use of Site, lost data, computer viruses or other destructive devices, and delays, breakdowns or interruptions in the use of Site for any reason whatsoever).
Changes to Site or Terms
Pioneer reserves the right to modify Terms or discontinue Site at any time at its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Terms. Continued access or use of Site constitutes acceptance of the modified Terms set forth at the time of access or use. Pioneer reserves the right to modify or delete any Content of Site at any time without notice.
Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. In addition, user agrees to submit to the personal jurisdiction of the federal and state courts of California for the resolution of any controversy or claim arising out of or relating to Terms or relating to use of Site and the material contained in Site.
Pioneer reserves the right to seek all remedies available at law and in equity for violations of Terms, including suspension or blocking of access to Site. Failure to enforce any provision of Terms will not constitute a waiver of such provision or of Pioneer’s legal or equitable rights. User agrees to defend and indemnify Pioneer and its directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of Terms or use of Site.
Regarding questions or concerns regarding the Terms and Conditions of Use, please contact us at [email protected].