ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
Personal, Non-Commercial Use: The Site is made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information or content obtained from the Site.
User Submissions: Any material, information or other communication you transmit to the Site or provide to PAI in connection with the Site will be considered non-confidential and non-proprietary communications. PAI will have no obligations with respect to the communications. The Site, PAI and its designees and partners will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Testimonials: The testimonials which may be presented on the Site are applicable to the individuals writing them, and may not be indicative of other customers’ experiences. PAI cannot and does not guarantee results. Any testimonials which may be displayed are given verbatim except for correction of grammatical or typing errors. Some may have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy or if the entire testimonial did not seem relevant for the general public. PAI is not responsible for any of the opinions or comments posted to the Site. PAIh2o.com is not a forum for testimonials, however we may provide testimonials as a means for customers to share their experiences with one another. PAI does not share the opinions, views or commentary of the testimonial writer, which are strictly the views of the testimonial writer. As a customer of PAI, by submitting your testimonial, you give us permission to reprint, reproduce or use the testimonial in connection with our business. You also are agreeing to the following: (1) the reprint, reproduction, or use of the testimonial will be at our discretion and without compensation; (2) we may use the testimonial with or without any name credit; (3) our right to use the testimonial is perpetual and may be assigned by us; (4) we may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) you, and not someone else, composed submitted and posted the testimonial. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document.
In certain limited situations, PAI is allowed by law to disclose necessary items of personal information to third parties without your specific authorization. You have a right to be told about, and receive copies if you wish, of items of personal information about you that appear in our files. You also have the right to seek correction of information you believe to be inaccurate. We will send you a more detailed explanation of our information practices if you
send us a written request. You may send your request to Practical Applications, Inc., 8 Adele Road, Woburn, MA 01801.
Site users who request quotes from the site will be required to provide additional information before finalizing any transaction.
Intellectual Property Rights: All content on the Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of PAI, its licensors, affiliated companies or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of PAI.
Trademarks and Copyright: The Site logo, and other marks related to Site content and information (“Site Marks”) are the exclusive and valuable property of PAI or their affiliated companies or licensors. The Site Marks can only be reproduced or displayed with specific written permission from PAI, and only in accordance with the policies and guidelines associated therewith. PAI has made every effort to supply trademark information about company names, products and services mentioned on the Site. All third party trademarks are the property of their respective owners.
Compliance with Laws: By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the Site and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Site to countries or persons prohibited under the export control laws of the United States. PAI makes no representations that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The Site and the information provided therein are for the convenience of users of the Site and for customers and potential customers of PAI. The information provided on the Site and the products and services described on the Site are subject to change without notice. PAI DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED DOWNLOADED OR OTHERWISE RECEIVED FROM THE SITE. THE SITE AND ASSOCIATED CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PAI DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE CONTENT RECEIVED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE, SERVICES, OR SOFTWARE. PAI DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, PAI, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS PAI OR, ITS AFFILIATES, SUBSIDIARIES, OR LICENSEES LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION, SERVICES OR SOFTWARE AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF PAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Middlesex County, Massachusetts or the United States District Court for the District of Massachusetts, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Force Majeure: Under no circumstances shall PAI, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Unless you have signed a separately signed written agreement with PAI, these TOU constitute the entire agreement between you and PAI with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.