2. While POSTRON maintains copyright protection in all materials, information and publications (collectively, "website information") it places on its website, POSTRON consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the website information will retain all copyright and other proprietary notices and that you will not modify the website information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any website information, in whole or in part, without the prior written consent of POSTRON.
4. Certain restricted product information is available on this website only to licensed customers of POSTRON that are registered to receive and/or access information via passwords issued by POSTRON. This restricted information is considered confidential and proprietary information of POSTRON. If you are a registered customer or a representative of a registered customer, POSTRON authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by POSTRON. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of its license or service agreement with POSTRON. You shall not transfer your password to unauthorized parties. You will immediately notify POSTRON of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any website information or area within this website.
5. Certain information available on this website is provided by other parties, such as information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that POSTRON has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party's website an endorsement of such other party, their products or their services.
6. You may link to POSTRON’s home page, but are not authorized to link to any other page on the POSTRON’s website without the prior express written consent of POSTRON, provided that POSTRON reserves the right to withdraw this consent at any time in its discretion. You may not use any of POSTRON’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by POSTRON; 2) cause confusion, mistake, or deception; 3) dilute POSTRON’s trademarks, service marks or trade names; or 4) otherwise violate applicable law.
7. This Website may contain third party owned content (e.g. material, data or information) and may also include hypertext links to third party owned Websites. We provide such third-party content and links as a courtesy to our users. Links are provided for your information only. We have no control over any third party owned websites or content referred to, accessed by or available on this website and we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third party website or content.
8. POSTRON makes no representations or promises to develop, provide or market any software, service or product discussed on this website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.
9. Website information may refer to products, programs or services that are not available in your country. Consult your POSTRON sales representative for information about the products, programs and services that may be available to you.
10. Any software that is available for download from this website is the copyrighted property of POSTRON and/or its suppliers and affiliates. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this website, if any, is governed by the terms of the agreement applicable to that product or service.
11. Neither POSTRON nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of POSTRON. POSTRON shall have no responsibility to provide access to this website due to the foregoing reasons.
12. POSTRON may at its sole and absolute discretion, without notice, discontinue providing access to this website at any time.
13. POSTRON’s website automatically encrypts data before it is written to disk. The data is encrypted under the 256-bit Advanced Encryption Standard, and each encryption key is itself encrypted with a regularly rotated set of master keys.
Limitation of Liability.
15. THIS WEBSITE AND ALL WEBSITE INFORMATION IS PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
16. IN NO EVENT WILL ANY MEMBER OF POSTRON BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO POSTRON.BVGCORP.NET. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF ALLIANCE BANKCARD SERVICES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. You agree to release, defend, indemnify and hold POSTRON harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this website or any website information.
19. You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless POSTRON, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or the Content, or any violation by you of this Agreement.
20. You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
21. You agree that you are responsible for maintaining the security of your network and system at all times. Accordingly, should POSTRON incur any harm or damages as a result of any cyber attack by any party as a direct or indirect result of your act(s) or omission(s), you shall be fully responsible to compensate POSTRON for said injuries. Should there be any dispute as to the amount owed by you to POSTRON, the dispute resolution mechanism delineated herein shall govern. A cyber attack is any means for inflicting harm upon any network, computer, computer system, computer software program, or any other electronic hardware, software, or any system, including, without limitation, any unauthorized access to, or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures including, without limitation, hacking, virus, malware, phishing, ransomware, and denial-of-service.
Export and Trade Controls.
22. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this website or any website information provided on or pursuant to this website except in full compliance with all United States, foreign and other applicable laws and regulations.
Restricted Rights Legend.
23. U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any website information (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this website is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is POSTRON 13300 Crossroads Pkwy N, Suite #400, City of Industry, CA 91746. Any contract notices should be sent to this address.
24. This agreement is fully integrated, there are no further representations, warranties, or guarantees made aside from what is contained in this agreement and agreements referenced herein. No changes to this agreement can be made except in writing. You and POSTRON agree that POSTRON may change these terms at any time without notice by changing the terms herein.
Choice of Law.
25. Any dispute that arises out of this agreement shall be determined pursuant to the laws of the State of California.
26. Any dispute that arises out of this Agreement or between the parties shall be determined by mediation and, if such mediation does not result in a resolution of the dispute, by binding arbitration. Both mediation and binding arbitration, if necessary, shall be administered by and before Judicate West in Santa Ana, CA. Should any party improperly bring a dispute into a court-of-law, then the responding party shall file a motion to dismiss and compel arbitration. The party filing such a motion shall be entitled to all costs incurred for such a filing, including all filing, processing, and service expenses; and attorney’s fees. Although the initial costs of mediation and arbitration before Judicate West shall be shared by the parties equally (50/50), the arbitrator shall thereafter award costs and attorney’s fees to the prevailing party. The arbitrator upon reaching a final award shall explain the reasons for said decision. Should Judicate West or its Sana Ana, CA venue be unavailable for any reason whatsoever, the parties hereby agree to the following in this order: selecting another Judicate West venue which is closest to POSTRON; using JAMS for mediation and arbitration in a venue closest to POSTRON; using AAA for mediation and arbitration in a venue closest to POSTRON; and using another alternate dispute provider for mediation and arbitration in a venue closest to POSTRON. Any final determination by binding arbitration may be enforced by a Court having competent jurisdiction.
Attorney Fees and Costs.
27. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney's fees, plus all actual costs and attorney's fees and incurred in connection with the enforcement of a decision or judgment arising from that action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.