Terms of Use

Last updated: May 2022

 

No portion of these Terms of Use or the Site (defined below) may be reproduced in any form, or by any means, except as authorized below, without prior written permission from Precisional LLC.

 

Acceptance of Terms Through Use 

WELCOME TO THE PRECISIONAL LLC (“PRECISIONAL”) WEB SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that Precisional reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Precisional reserves the right to seek all remedies available in law and equity for such violations.

Title and Ownership

All right, title and interest in and to the Site and to the content and other information and materials available on this Site, including software, (collectively the “Materials”) are proprietary to Precisional, Precisional’s subsidiaries and affiliates (together with Precisional, the “Precisional Companies”), and their respective suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by the Precisional Companies and its suppliers.

The Precisional name, the name of the Precisional Companies referenced on this Site, the logos and all related names, product and service names, designs, and slogans utilized on this Site with respect to the Precisional Companies and their respective divisions, products and services are trademarks of the Precisional Companies or their respective licensors.

Limited License to Use Site

Materials related to those specific Precisional Companies’ products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or create derivative works of the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove or alter any copyright, trademark, or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License 

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

Products and Services

Precisional Companies’ obligations with respect to its respective products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from one of the Precisional Companies through this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Password-Protected Areas and Access

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by Precisional, in its sole discretion, for use thereof. Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder’s rights to access this Site in whole or in part.

Copyright and Trademark Information

Although Precisional has attempted to provide accurate information on this Site, Precisional assumes no responsibility for the accuracy of the information or Materials; nor does Precisional warrant, individually or on behalf of any of the other Precisional Companies, that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Precisional may change the Materials or products mentioned at any time without notice. Mention of non-Precisional products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ANY OF THE PRECISIONAL COMPANIES NOR ANY PERSON ASSOCIATED WITH THE PRECISIONAL COMPANIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

IN NO EVENT SHALL ANY OF THE PRECISIONAL COMPANIES, ITS RESPECTIVE SUPPLIERS, THEIR RESPECTIVE AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PRECISIONAL COMPANIES’ PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ANY OF THE PRECISIONAL COMPANIES, THEIR RESPECTIVE SUPPLIERS, THEIR RESPECTIVE AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User Communications / Chat Rooms, Blogs and other User Forums

This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with Precisional (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Precisional, the general public or by members of a public or private community (collectively, “User Communications”).

 

PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON­PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:

  • You are granting Precisional, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive,

  • You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.

Precisional shall have no obligation to monitor the User Communications to the Services. Nor shall Precisional have an obligation to remove any User Communications that you have opted to input and share with the Precisional community absent its receipt of your written request to do so. However, Precisional reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.

Precisional reserves the right at all times to disclose any information as Precisional deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Precisional’s sole discretion. 

Precisional does not control or endorse the content, messages or information found in any User Communications and, therefore, Precisional specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.

No Misuse of the Site

As a condition of your use of the Site you agree that you will not use the Site or Materials for any purpose that is unlawful or prohibited by the Terms of Use. You will be responsible for any costs incurred by Precisional or any other party (including attorneys’ fees) as a result of your misuse of the Site. Misuse use includes, but is not limited to,

  • Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.

  • Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;

  • Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.

  • Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;

  • Violating any code of conduct associated with the Site, or any applicable laws or regulations;

  • Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others

Indemnification

UPON A REQUEST BY PRECISIONAL, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE PRECISIONAL COMPANIES, THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, CO-BRANDERS, LICENSORS, SUPPLIERS, OTHER BUSINESS PARTNERS AND THEIR EMPLOYEES, SUCCESSORS, AND ASSIGNS, FROM ALL LIABILITIES, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, AND FEES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF THIS SITE, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER COMMUNICATIONS, ANY USE OF THE SITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. PRECISIONAL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH PRECISIONAL IN ASSERTING ANY AVAILABLE DEFENSES.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Precisional reserves the right to remove Materials or discontinue services available on this Site with or without notice. Precisional further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

Links to Third Party Sites

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user’s own risk. Precisional does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Precisional provides these links merely as a convenience and the inclusion of such links does not.

Linking to the Precisional Web Site

You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to Precisional’s Site:

  • May link to but not replicate the Precisional content (i.e., Materials).

  • May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to Precisional LLC” or “Click here for more information on Precisional products”.

  • Should not create a browser or border environment around Precisional content

  • Should not imply that Precisional is endorsing it or its products.

  • Should not misrepresent its relationship with Precisional.

  • Should not present false information about Precisional products or services.

  • Should not use the Precisional logo or other trademarks without permission from Precisional.

  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

By placing a link on your web site to the Site you agree to promptly remove such link at Precisional’s request. For information on Precisional authorized logo and trademark use programs, you may contact Precisional.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in these Terms of Use, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT Ill), as applicable. Use of the Materials by the Government constitutes acknowledgment of Precisional’s proprietary rights in them.

International

This Site is administered remotely. Precisional makes no representation that Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware and applicable United States federal law, without reference to “conflicts of laws” provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of New Castle and/or the District of Delaware; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Precisional with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and Precisional with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Precisional. The failure of Precisional to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act

Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Precisional DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

DMCA Administrator, 3333 Warrenville Rd, Unit 200, Lisle, IL, 60532.