Acceptance of Terms
Welcome to PEV4me.com (the “Site”) and PEV4me applications (“apps”), provided by True Labs, Inc. (the “Company”). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site and apps after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services or otherwise.
In using this Site and any apps, you agree:
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
All Web-site materials, including, without limitation, the PEV4me logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2012 True Labs, Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of PEV4me.com or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of PEV4me.com or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
PEV4me.com, the PEV4me logo and the products and services described in this Site, including without limitation PEV4me.com, are either trademarks or registered trademarks of the Company and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PEV4me.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
The Company grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PEV4me.com or any third party.
You may not use, frame or utilize framing techniques to enclose any PEV4me.com trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the Company’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a PEV4me.com name, trademark or product name without the Company’s express written consent.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray PEV4me.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a PEV4me.com logo or other proprietary graphic or trademark of PEV4me.com to link to this Site without the express written permission of PEV4me.com. This limited right may be revoked at any time.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of PEV4me.com and PEV4me.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PEV4me.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PEV4me of the site or any information contained therein. When leaving the PEV4me.com site, you should be aware that the Company’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Copyright Policy and Copyright Agent
It is the Company’s policy to respect the copyright and intellectual property rights of others. If you believe that PEV4me.com or any user of our site has infringed your copyright in any material way, please notify the Company’s Copyright Agent, and provide the following information:
Please send all information to True Labs, Inc., Attn: Legal Dept., 1100 Broadway St. #5631, Redwood City, CA 94309.
You agree to indemnify and hold harmless PEV4me.com from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to PEV4me.com, or postings on this Site, are nonconfidential and shall become the sole property of PEV4me.com. PEV4me.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to PEV4me.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL PEV4me.com OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING PEV4me.com OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE PEV4me.com OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PEV4me.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the county of Santa Clara, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding any of these terms and conditions, PEV4me.com reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.