Effective as of April 2017
1. LICENSE GRANT. This Site is owned and operated by Perfecta, and this TOU provides to you (identified herein as “you” or a “user” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicenseable license to use this Site conditioned on your continued compliance with this TOU. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on this Site or to use such materials and information for commercial purposes, you may contact Perfecta using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. Perfecta transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. Further, Perfecta reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Site.
3. USER OBLIGATIONS. By accessing or using this Site, you represent that you are at least eighteen (18) years of age ((or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through this Site, including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site is solely at your own risk.
4. PROPRIETARY RIGHTS. All text, graphics, interfaces, photographs, audio, video, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through this Site, unless otherwise indicated, are owned, controlled, and licensed by Perfecta and/or its licensors. This Site is Copyright 2016-2017 © Perfecta Federal and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through this Site, unless otherwise indicated, are owned by Perfecta and/or its licensors. PERFECTA, the Perfecta Federal logo, and all other names, logos, and icons identifying Perfecta and its programs, products, and services are proprietary trademarks of Perfecta, and any use of such marks without the express written permission of Perfecta is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of this Site.
7. LINKS TO OTHER SITES. Perfecta may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which Perfecta exercises no control. These links do not imply an endorsement with respect to any third party or any third party website or the information, products, or services provided by any third party.
8. DISCLAIMER. THIS SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PERFECTA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PERFECTA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEBSITES.
9. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE PERFECTA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PERFECTA’S CONTROL. MOREOVER, IN NO EVENT SHALL PERFECTA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, EVEN IF PERFECTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PERFECTA FOR BREACH OF THIS TOU IS CESSATION OF USE OF THIS SITE AND FOR ANY OTHER REASON RELATED TO THIS SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO PERFECTA DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
10. GOVERNING LAW. This Site is controlled and operated by Perfecta from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. Any action to enforce this TOU will be brought in the courts presiding in the Commonwealth of Virginia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.
11. ENFORCING SECURITY ON THIS SITE. You may not use this Site or any of Perfecta’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Perfecta data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Perfecta system or network, circumventing any Perfecta security or authentication measures, monitoring Perfecta data or traffic, interfering with any Perfecta services, collecting or using from this Site email addresses, screen names, or other identifiers, collecting or using from this Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using this Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Perfecta or its data, systems, or network. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Perfecta reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on this Site as well as to disclosures required by or under applicable law or related government agency actions. Perfecta will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Perfecta reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to this Site, or any portion of this Site, in order to protect this Site or Perfecta.
12. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Perfecta proprietary assets, will cause irreparable injury to Perfecta, such injury would not be quantifiable in monetary damages, and Perfecta would not have an adequate remedy at law. You therefore agree that Perfecta shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Perfecta post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Perfecta to enforce any provision of this TOU.
14. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Perfecta of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
15. ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and Perfecta as a result of this TOU or your utilization of this Site. This TOU represents the entire agreement between you and Perfecta with respect to use of this Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Perfecta with respect to this Site. Please note that Perfecta reserves the right to change the terms and conditions of this TOU and the terms and conditions under which this Site and its offerings are extended to you by posting online a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Perfecta may add, modify, or delete any aspect, program, functionality, or feature of this Site. Your continued use of this Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU found at this location on a periodic basis.
16. CONTACT INFORMATION. If you have questions regarding this Site or if you are interested in obtaining more information concerning Perfecta or permission to use any Perfecta content (including any request to reprint), please contact Perfecta Federal at 6506 Loisdale Road, #300, Springfield, VA 22150, (202) 888-4949 (phone), or firstname.lastname@example.org (e-mail support).