INTERNET WEB SITE AGREEMENT
TERMS UNDER WHICH THIS SERVICE IS PROVIDED
RESTRICTIONS ON USE
This site is owned and operated by Pemberton Fabricators, Inc. and contains material which is derived in whole or in part from material supplied by Pemberton Fabricators, Inc. and other sources, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software (“MATERIAL”). You may download MATERIAL from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Pemberton Fabricators, Inc.
By posting messages, uploading files, inputting data, or engaging in any other form of communication (a “COMMUNICATION”) through this service, you are granting Pemberton Fabricators, Inc. a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, or display any such COMMUNICATION; and
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the COMMUNICATION.
The foregoing grants shall include the right to exploit any proprietary rights in such COMMUNICATION, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pemberton Fabricators, Inc. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, Pemberton Fabricators, Inc. NOT WARRANTY THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pemberton Fabricators, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT Pemberton Fabricators, Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
This service may include bulletin boards and chat rooms (“BULLETIN BOARDS”) which allow feed-back to Pemberton Fabricators, Inc. and real-time interaction between users. Pemberton Fabricators, Inc. does not control the messages, information or files delivered to BULLETIN BOARDS. It is a condition of your use of the BULLETIN BOARDS and the Web site that you do not:
— restrict or inhibit any other user from using and enjoying the BULLETIN BOARDS.
— post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
— post or transmit any information, software, or other material which violates, or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
— post or transmit any information, software or other material which contains a virus or other harmful component; and
— post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.
You understand that Pemberton Fabricators, Inc. has no obligation to monitor the BULLETIN BOARDS. However, Pemberton Fabricators, Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Pemberton Fabricators, Inc.‘s sole discretion are objectionable or in violation of these Terms and Conditions.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Pemberton Fabricators, Inc. its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Pemberton Fabricators, Inc.‘s materials. You specifically acknowledge and agree that Pemberton Fabricators, Inc. is not liable for any defamatory, offensive or illegal conduct of any user.
This Agreement is effective until terminated by Pemberton Fabricators, Inc. at any time without notice. In the event of termination, you are no longer authorized to access the BULLETIN BOARDS and the restrictions imposed on you with respect to material download from the BULLETIN BOARDS, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.