Terms & Conditions
Version: November 1, 2013
If you use our password-protected area of this Site, you may be asked to agree to special terms. In such cases, you will be asked to expressly consent to such special terms pursuant to a “click-through agreement,” for example, by clicking a button or checking a box marked “I agree.” If any of the terms of the click-through agreement differ from these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the “click-through agreement.”
This Site is owned and operated by PAPCO, Inc. ("PAPCO"). PAPCO reserves the right to revise or remove any part of these Terms at any time and without prior notice to you, and any changes to these Terms will be effective prospectively upon their posting. If you disagree with these Terms or any changes to these Terms, your sole remedy is to discontinue your use of this Site. Your continued use after any change has been posted constitutes your acceptance of such change.
When you use this Site, you should use common sense and appropriate caution and judgment. You are expressly prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. PAPCO reserves the right to investigate any alleged or suspected violations and if a criminal violation is suspected, PAPCO will cooperate with law enforcement agencies in their investigations.
Other Prohibited Activities
In using this Site, you agree not to:
- Send or otherwise transmit to or through the Site or to us through email any unlawful, infringing, harmful, harassing, defamatory, libelous, abusive, threatening, hateful or otherwise objectionable material of any kind, including any terrorist ideologies, ideas, threats or anything else that relates to unlawful terrorist activities; any disparaging statements or opinions regarding race, gender, religion, or ethnicity; any material that can cause harm or delay to this Site or computers or websites connected or linked to this Site; and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Gain unauthorized access to this Site, or to other computers or websites connected or linked to this Site;
- Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations, or these Terms; or
- Assist or permit any persons in engaging in any of the activities described above.
Our Intellectual Property Rights
The content on this Site, including without limitation, all text, graphics, photos, videos and sounds contained on this Site, (collectively, the "Materials") are owned by or licensed to PAPCO, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of PAPCO, except that you may use any information made available for downloading from this Site, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your personal, non-commercial purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such information. Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of PAPCO or its licensors. Permission for all uses of Materials except as provided above must be obtained from PAPCO in advance. Requests for such authorization should be submitted via email to firstname.lastname@example.org.
All design rights, compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill, are proprietary to PAPCO.
Links to Other Websites
PAPCO, in its sole discretion, may terminate your use of this Site at any time and for any reason without notice, including for conduct violating these Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, intellectual property, unsolicited ideas, disclaimer, limitation of liability, indemnity, jurisdictional issues, and disputes shall survive any such termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PAPCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PAPCO DOES NOT WARRANT THAT THIS SITE OR THE MATERIALS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAPCO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PART OF THE FOREGOING MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PAPCO OR ITS SUBSIDIARIES, AFFILIATES, OTHER RELATED PERSONS AND ENTITIES, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, AND OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, AND SUCCESSORS IN INTEREST OF THE FOREGOING (COLLECTIVELY, THE “PAPCO PARTIES”) BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS ON IT, EVEN IF THE PAPCO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold PAPCO and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of any provision of these Terms and/or your activities in connection with this Site.
This Site is not intended for children under the age of 13, and PAPCO does not seek through this Site to gather personal information from or about persons under the age of 13. By using this Site, you affirm that you are 13 years or older and possess the legal right and ability to create binding obligations for any liability you may incur as a result of the use of this Site.
Jurisdiction, Venue, Choice of Law, and Arbitration
This Site is controlled and operated by PAPCO from our offices within the Commonwealth of Virginia in the United States. PAPCO makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for complying with applicable local laws. If you do not know or are in any doubt as to whether this Site can be lawfully used by you, you should not use this Site for any purpose. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Due to the nature of the Internet, if you are visiting this Site from a country other than the United States, your use will result in the transfer of information across international boundaries; by using this Site you consent to such transfers.
By choosing to visit this Site or otherwise provide information to PAPCO, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. With regard to any action or proceeding arising out of or related to your use of this Site, you irrevocably consent to the jurisdiction and venue of the United States District Court of the Eastern District of Virginia, Norfolk Division, or of any state court sitting in the City of Virginia Beach, Virginia, and any judgment rendered therein shall be subject to enforcement without further litigation in any jurisdiction in the world. At its sole option, PAPCO may require that any action or proceeding arising out of or related to your use of this Site shall be finally and solely determined and settled by arbitration in the United States of America in accordance with the International Chamber of Commerce Arbitration Rules. Said arbitration shall be conducted by a sole arbitrator and all proceedings shall be conducted in the English language. The arbitrator shall make the final determination as to any discovery of materials and information prior to the hearing of the cause. The arbitrator shall be chosen by PAPCO and the arbitrator’s award shall state the reasons upon which the award is based. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction.
Severability and Waiver
Any failure by PAPCO to exercise its rights under these Terms or to enforce the Terms hereof shall not constitute a waiver of those rights. Every provision of this Agreement is intended to be severable. If any provision of these Terms is held or found to be illegal, void, invalid, or otherwise unenforceable for any reason whatsoever, under present or future laws, then each such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remainder of the terms or provisions of these Terms.
Questions and Concerns