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The
following are terms of a legal agreement ("Agreement")
between you and Percento Consulting International. By
accessing, browsing, surfing, viewing and using this
web site ("Site") you acknowledge that you
have read, understood and agree to be bound by these
terms and to comply with all applicable laws and regulations.
If you do not agree to these terms, do not use this
Site. Read this Agreement carefully and be aware that
Percento Consulting International may amend this Agreement
at any time without notice by posting the amended terms
on this Site. Amendments shall become effective immediately
upon posting.
Third Party Links
This
Site may contain links to third party web sites. Percento
Consulting International makes no representations whatsoever
about any other web site which you may access through
this Site. When you access a third party web site, understand
that it is independent from Percento Consulting International
and that Percento Consulting International has no control
over the content on that web site even if Percento Consulting
International provides information or services to the
owner of that web site. In addition, a link to a third
party web site does not mean that Percento Consulting
International endorses the content of such web site
or accepts responsibility for your use of such web site.
If a link has been provided from this Site to a third
party site, and the third party site wishes for the
link to be removed, the site may contact Percento Consulting
International to do so. However, if the third party
does not request the links removal from this Site then
the third party endorses the link.
Inbound
Links
This
Site may have inbound links from third party web sites.
Percento Consulting International makes no representations
whatsoever about any web site which may have provided
you a link to this Site. A link to this Site does not
mean that Percento Consulting International endorses
the content of such web site or accepts responsibility
for your use of such web site.
Personally
Identifiable Infomation
Percento
Consulting International uses your personally identifiable
information to fulfill your requests for information
and for other business purposes as you may solicit.
Percento Consulting International aggregates this personally
identifiable information and may disclose such information
to third parties for marketing and promotional purposes.
Unless you consent to such disclosure, Percento Consulting
International shall not intentionally disclose or communicate
to any third party your personally identifiable information
except if required to do so by law or in the good faith
belief that such action is necessary to comply with
law or to protect and defend Percento Consulting International's
rights or property.
How
Percento Consulting International Uses and Shares Information
Percento
Consulting International takes user privacy very seriously
because Percento Consulting International knows that
your privacy on the web is very important to you. You
can visit this Site without telling Percento Consulting
International who you are or providing Percento Consulting
International with any information. However, when you
request information from Percento Consulting International
and supply information that personally identifies you
or allows Percento Consulting International to contact
you, you are agreeing to share that information with
Percento Consulting International, its agents, representatives,
attorneys and affiliates. The personally identifiable
information that is collected by Percento Consulting
International includes, but is not limited to, your
name, mailing address, e-mail address, telephone and
fax numbers and may also include the status of cookies
placed on your computer.
Copyright
and Use of Site Content
The
copyright in all materials provided on this Site is
owned by Percento Consulting International. Except as
stated herein, this site and the content provided in
this site, including, but not limited to, graphic images,
audio, video, html code, buttons, and text, may not
be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, without the
prior written consent of Percento Consulting International,
except that you may download, display, and print one
copy of the materials on any single computer solely
for your personal, non-commercial use, provided that
you do not modify the material in any way and you keep
intact all copyright, trademark, and other proprietary
notices. This permission terminates immediately if you
breach this Agreement. You may not "mirror"
or duplicate any material contained on this Site without
Percento Consulting International's prior written consent.
Any unauthorized use of the materials contained on this
Site may violate copyright laws, trademark laws, the
laws of privacy and publicity and/or communications
regulations and statutes. All content and functionality
on this Site, including, but not limited to, text, graphics,
logos, icons, and images and the selection and arrangement
thereof, is the exclusive property of Percento Consulting
International or its licensors and is protected by U.S.
and international copyright laws. All rights not expressly
granted are reserved.
Visitors
Postings and Submissions
You
acknowledge and agree that Percento Consulting International
owns and has the unrestricted right to use, publish,
in electronic form and otherwise, distribute and exploit
any and all information that you post or otherwise publish
on this Site or send to Percento Consulting International.
You hereby waive any claim against Percento Consulting
International for any alleged or actual infringements
of any rights of privacy or publicity, moral rights,
or rights of attribution in connection with Percento
Consulting International's use and publication of such
submissions. By submitting any creative ideas, concepts,
know-how, techniques, suggestions or materials (collectively,
"Submissions"), you automatically grant to
Percento Consulting International a perpetual, royalty-free,
non-exclusive, unrestricted, worldwide and irrevocable
right and license to use, reproduce, modify, publish,
translate, prepare derivative works based upon, distribute,
perform or display such Submissions, in whole or in
part, in any form, media or technology known or hereafter
developed for any purpose, including, but not limited
to, advertising and promotional purposes. This means
that anything submitted by you to Percento Consulting
International shall be owned by Percento Consulting
International and may be used by Percento Consulting
International for any purpose, now or in the future,
without any payment to or further authorization by you.
You covenant that you shall not post or otherwise publish
on this Site any materials that: (i) are threatening,
libelous, defamatory, or obscene; (ii) would constitute
or that encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
law; (iii) infringe the intellectual property, privacy
or other rights of any third parties; (iv) contain a
computer virus or other destructive element; (v) contain
advertising; or (vi) constitute or contain false or
misleading statements. Percento Consulting International
reserves the right to refuse to post and the right to
remove any Submissions or other information, in whole
or in part, for any reason.
Reliance
of Information
Information
on this Site should not be relied upon for making business,
investment or other decisions or used as a substitute
for consultation with professional advisors. Moreover,
Percento Consulting International does not represent
or endorse the accuracy or reliability of such information
that is posted, displayed, uploaded, downloaded or distributed
through this Site by Percento Consulting International,
any user, information provider or any other person or
entity. You acknowledge that any reliance upon such
information shall be at your sole option and risk.
Site
Access and Errors
There
may be delays, omissions or inaccuracies in information
obtained by you through your use of this Site. Percento
Consulting International may alter, suspend or discontinue
this Site or your access to use this Site at any time
for any reason without notice or liability. This Site
may become unavailable due to maintenance or malfunction
of computer equipment or for other reasons and may result
in damages to your computer system, software, data or
operations. You shall be solely responsible for ensuring
that any information or content obtained from this Site
does not contain any virus or other computer software
code or subroutine designed to disable, erase, impair
or otherwise damage your computer system, software or
data.
DISCLAIMER
OF WARRANTIES
THIS
SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
Percento Consulting International DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING ITS CONTENT PROVIDED ON
THIS SITE HEREUNDER, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABLITIY, ACCURACY, COMPLETENESS, CONDITION,
PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFOMANCE, INCLUDING ANY WARRANTY REGARDING
ANY BENEFIT THAT MIGHT BE OBTAINED FROM THE SERVICES
PROVIDED HEREUNDER. FURTHERMORE, Percento Consulting
International DOES NOT WARRANT THAT: (1) THE INFORMATION
ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE
FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED
OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE
TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR
SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL Percento Consulting International
OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS
AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF
ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING
DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION
CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF
THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THIS SITE, EVEN IF Percento Consulting
International HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL Percento Consulting
International'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, INVESTORS, EMPLOYEES, REPRESENTATIVES, AND
ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH
CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL
USERS.
Indemnification
You
hereby indemnify, defend, and hold harmless Percento
Consulting International and its subsidiaries, affiliates,
officers, directors, investors, employees, representatives,
and attorneys (collectively, the "Indemnified Parties")
from and against any and all liability, damages and
costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection
with any claim arising out of or relating to any breach
by you of this Agreement or the representations, warranties,
and covenants you have made by agreeing to the terms
of this Agreement. You shall cooperate as fully as required
in the defense of any such claim. Percento Consulting
International reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement
and Governing Law
This
Agreement is governed and interpreted pursuant to the
laws of the State of Texas, United States of America,
notwithstanding any principles of conflicts of law.
Any claims or disputes arising out of, or relating to
Percento Consulting International's Site, shall be subject
to and decided by arbitration in accordance with the
Commercial Rules of the American Arbitration Association
currently in effect. The arbitration shall be held in
the United States, in Houston, Texas, before a panel
of three arbitrators. Each party shall bear its own
expense of arbitration. The arbitrators may award pre-award
interest but shall not award consequential or punitive
damages. The award rendered by the arbitrators shall
be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction
thereof.
Notices
of Infringement
Percento
Consulting International prohibits the posting of any
information that infringes or violates the copyright
rights and other intellectual property rights (including
rights of privacy and publicity) of any third party.
If you believe that any material contained on this Site
infringes your copyright or other intellectual property
rights, you must notify Percento Consulting International
of your infringement claim in accordance with the following
procedure. Percento Consulting International shall process
notices of alleged infringement which it receives and
shall take appropriate action as required by the Digital
Millennium Copyright Act ("DMCA"). The DMCA
requires that notifications of claimed infringement
should be sent to this Site's Designated Agent who is:
Percento
Consulting International
580 Westlake Park Boulevard, Suite 110
Houston, TX 77079
phone: (281) 598-2235
fax: (281) 598-2253
To
be effective, the notification must be in writing and
contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2. 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;
3. 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
the service provider to locate the material;
4. Information reasonably sufficient to permit the service
provider 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;
5. 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
6. 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.
United States law provides significant penalties against
those who submit false statements.
Entire Agreement
This Agreement constitutes the entire agreement between
you and Percento Consulting International with respect
to the subject matter of this Agreement and supersedes
and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding that subject
matter. Any waiver of any provision of this Agreement
shall be effective only if in writing and signed by
Percento Consulting International.
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