THE PACIFIC INSTITUTE®
TERMS & CONDITIONS
Please read the following Terms & Conditions carefully before using this website.
By accessing or using this website, you agree to the following Terms & Conditions which shall constitute a legally binding agreement between you and The Pacific Institute®. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this website.
1. We provide our website for your convenience only
Our website is provided to you without charge as a convenience and for your information only. By merely providing access to our website content, we do not warrant or represent that:
- The content is accurate or complete;
- The content is up-to-date or current;
- We have a duty to update any content;
- The content is free from technical inaccuracies or typographical errors;
- The content is free from changes caused by third party; and
- Your access to our website will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our website at your own risk.
2. We provide our website “As Is” and disclaim all warranties
Our website, including all content, software and functions made available on or accessed through our website, is provided “as is, where is” and “as available”. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our website, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our website or any linked website.
WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE PACIFIC INSTITUTE® OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF THE PACIFIC INSTITUTE® OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. We do not have responsibility for links to third party content
We may provide hyperlinks or pointers to other websites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control so we are not responsible for the content, including any further links in a third party website. If you decide to access any of the third party websites linked to our website, you do this entirely at your own risk.
4. If we provide a link, we do not necessarily endorse a third party
We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, adopt, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors.
5. If a third party links to our website, it is not an endorsement
If a third party links to our website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our website.
A website that links to our website:
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services; and
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. If you transmit or provide data to us, it is non-confidential
7. By providing content, we do not allow you to use our trademarks
The trademarks, service marks and logos used and displayed on our website are our registered and unregistered trademarks. Nothing on this website should construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name “The Pacific Institute®” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without prior written permission. You may not use any metatags or any other “hidden text” utilizing The Pacific Institute’s® name or trademarks without the prior express written consent of The Pacific Institute®. You are not authorized to use our logo as a hyperlink to our website unless you obtain our written permission in advance.
8. All content on our website is copyrighted
All content included on this website, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of The Pacific Institute® or its affiliates and suppliers, and is protected by international copyright laws. The compilation and “look and feel” of all content on this website is the exclusive property of The Pacific Institute® and also protected by international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of The Pacific Institute® (including images, text, page layout or form) without our prior express written permission.
9. You agree to indemnify us for using our website
You hereby jointly and severally agree to indemnify, defend and hold us and our subsidiaries and affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our website or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
10. Third parties may have rights under this agreement
Some of the provisions of these Terms and Conditions are for the benefit of The Pacific Institute® and its subsidiaries, affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our website or service at any time. The Pacific Institute® reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our website without notice or liability.
We welcome your questions and comments regarding these Terms and Conditions and anything else on this website.