Terms of Use
PERACON welcomes you to its Service. As part of this Service, PERACON will provide
you with secure access to its Website, including a browser interface and data encryption,
transmission, access and storage. Use of the Service is on a self-service basis,
but PERACON does provide live User support for the purpose of explaining the functionality of the Service.
Access to certain content available through the Service is limited to subscribers
and their employees, representatives, consultants, contractors, agents or invitees,
who are issued user names and passwords. The password-protected portion of the Service
has been prepared by PERACON for the exclusive use of its subscribers, employees,
representatives, consultants, contractors, agents or invitees. Subscribers should
make these pages (and usernames and passwords) available only to those employees,
representatives, consultants, contractors, agents or invitees who require such access,
and who undertake not to disclose the information therein to third parties.
AGREEMENT
You agree that the following terms and conditions shall govern your subscription
to and/or use of the Service. If you are entering into this agreement on behalf
of a company or other legal entity, you represent that you have the authority to
bind such entity to these terms and conditions, in which case the terms "you" or
"your" shall refer to such entity.
1. LICENSE GRANT AND RESTRICTIONS
Your access to the PERACON Service is licensed to you, not sold. This license immediately
terminates upon your breach of this Agreement with no further action needing to
be taken by PERACON.
PERACON hereby grants you a non-exclusive, non-transferable, worldwide right to
use the Service, solely for your own internal business purposes in connection with
the conduct of a commercial real estate business and not for any other purpose,
subject to the terms and conditions of this Agreement. All rights not expressly
granted to you are reserved by PERACON.
You may not access the Service if you are a direct competitor of PERACON, except
with PERACON's prior written consent. In addition, you may not access the Service
for purposes of monitoring its availability, performance or functionality, or for
any other benchmarking or competitive purposes.
You may not:
- (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or its Content in any way;
- (ii) modify or make derivative works based upon the Service or its Content;
- (iii) create Internet "links" to the Service or "frame" or "mirror" any of its Content on any other server or wireless or Internet-based device, without an express agreement with PERACON to cover that usage; or
- (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
User licenses cannot be shared or used by more than one individual User but may
be reassigned from time to time to new Users who are replacing former Users who
have terminated employment or otherwise changed job status or function and no longer
use the Service.
2. DATA STORAGE
PERACON shall not be responsible or liable for the withholding, deletion, modification,
destruction, damage, loss, failure to store or to retain any Customer Data. PERACON
may in its sole discretion, withhold, delete, modify, remove and/or discard Customer
Data for any reason without prior notice.
3. ACCEPTABLE USE POLICY
You are solely responsible for any and all acts and omissions that occur from your
use of the Service and agree to abide by all applicable local, state, national and
foreign laws, treaties and regulations during or relating to your use of the Service,
including those related to data privacy, international communication and the transmission
of technical or personal data. In particular, you agree not to engage in unacceptable
use of the Service, which includes, without limitation, use of the Service to:
- disseminate or transmit "spam," unsolicited messages, chain letters or unsolicited commercial email;
- disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Customer Data that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including PERACON;
- create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
- purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
- interfere, disrupt or attempt to gain unauthorized access to other profiles or accounts on the Website or any other computer network;
- disseminate or transmit viruses, Trojan horses or any other malicious code or program; or
- engage in any other activity deemed by PERACON to be in conflict with the spirit or intent of this Agreement. You shall: (i) notify PERACON immediately of any unauthorized use of any username or password or any other known or suspected breach of security; (ii) report to PERACON immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another PERACON User or provide false identity information to gain access to or use the Service.
You shall: (i) notify PERACON immediately of any unauthorized use of any username
or password or any other known or suspected breach of security; (ii) report to PERACON
immediately and use reasonable efforts to stop immediately any copying or distribution
of Content that is known or suspected by you or your Users; and (iii) not impersonate
another PERACON User or provide false identity information to gain access to or
use the Service.
4. NON-ENDORSEMENT OF CONTENT
Opinions and other statements expressed by Users and third parties are theirs alone,
not opinions of PERACON. Content created by Users and third parties is the sole
responsibility of those Users and third parties and its accuracy and completeness
are not endorsed or guaranteed by PERACON. The Service may provide links to web
pages, websites and various resources or locations on the World Wide Web. PERACON
has no control over the information you access via such links, does not endorse
that information, and shall not be responsible for it or for the consequences of
your use of that information.
If you have a copyright complaint about any Content on the Website, follow the procedure
at
Copyright info. If you are aware of anything that is unlawful or infringes
the property rights of PERACON, a User or a third party, please send an e-mail notification
with the subject "Unlawful Practice" to toshea@peracon.com.
PERACON reserves the right to monitor the Service and to remove any information
that PERACON, in its sole discretion, considers to be inappropriate or unlawful.
The exercise of such rights shall not create an obligation for PERACON to monitor,
screen or edit Content on the Service in any way.
5. LIMITATION OF LIABILITY
The Content relies on Customer Data and other data obtained from many sources, and
PERACON cannot and does not guarantee the accuracy of the information provided or
any analysis based thereon.
PERACON AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR
COMPLETENESS OF THE SERVICE OR ANY CONTENT. PERACON AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED
OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM
OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED
DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (E) ACCEPTANCE FOR ANY REQUESTS FOR INVITATION SUBMITTED
IN THE MARKETPLACE, (F) ERRORS OR DEFECTS WILL BE CORRECTED, OR (G) THE SERVICE
OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS"
BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PERACON AND
ITS LICENSORS. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SERVICE
OR FROM PERACON, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM PERACON
NOT EXPRESSLY STATED IN THIS AGREEMENT.
PERACON SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR
ATTORNEYS' FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER PERACON
WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
PERACON's Service does not provide legal, tax, accounting or other professional
advice, and the information provided by the Service including the Website should
not be construed as professional advice on any particular set of facts or circumstances.
In particular, and not by way of limitation, Users of the Service including the
Website should not rely on it as a basis for action, or assume that anything therein
would be permitted by applicable law. Before undertaking any action as a result
of information from the Service, users are advised to seek professional counsel
by consulting with: (1) appropriate legal counsel; (2) accountants and other tax
professionals; and (3) other appropriate professionals. PERACON shall not be liable
for any claims or losses that may arise from errors or omissions in the Content
or reliance thereon.
6. INTELLECTUAL PROPERTY OWNERSHIP
PERACON owns all right, title and interest, including all related Intellectual Property
Rights, in and to the PERACON Technology, the Content and the Service and any suggestions,
ideas, enhancement requests, feedback, recommendations or other information provided
by you or any other party relating to the Service. This Agreement is not a sale
and does not convey to you any rights of ownership in or related to the Service,
the PERACON Technology, the Content or the Intellectual Property Rights owned by
PERACON. The PERACON name, the PERACON logo, and the product names associated with
the Service are trademarks of PERACON or third parties, and no right or license
is granted to use them.
7. THIRD PARTY INTERACTIONS
During use of the Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of other Users or third parties
showing their goods and/or services through the Service. Any such activity, and
any terms, conditions, warranties or representations associated with such activity,
is solely between you and the other User or third-party. PERACON shall have no liability,
obligation or responsibility for any such correspondence, purchase or promotion
between you and any other User or third-party. PERACON does not endorse any websites
on the World Wide Web that are linked through the Service. PERACON provides these
links to you only as a matter of convenience, and in no event shall PERACON be responsible
for any content, products, or other materials on or available from such sites. PERACON
provides the Service to you pursuant to the terms and conditions of this Agreement.
You recognize, however, that certain third-party providers of ancillary software,
hardware or services may require your agreement to additional or different licenses
or other terms prior to your use of or access to such software, hardware or services.
8. CHARGES AND PAYMENT OF FEES
You agree to pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and payable.
Payments will be made on terms consistent with your Subscription Agreement, or as
otherwise mutually agreed. You cannot terminate the Subscription Agreement for any
reason whatsoever during the Subscription Term except in the event that the Service
becomes unavailable for a continuous period of ten (10) business days. You are responsible
for paying for the Service for the entire Subscription Term without regard to usage,
if any, of the Service. You must provide PERACON with valid credit card or approved
purchase order information as a condition to subscribing to the Service. PERACON
reserves the right to modify its fees and charges. All pricing terms are confidential,
and you agree not to disclose them to any third party.
9. BILLING AND RENEWAL
PERACON charges and collects in advance for use of the Service. PERACON will automatically
renew and bill your credit card or issue an invoice to you (a) every month for monthly
licenses, (b) every quarter for quarterly licenses, (c) each year on the subsequent
anniversary for annual licenses, or (d) as otherwise mutually agreed upon. Fees
for other services will be charged on an as-quoted basis. PERACON's fees are exclusive
of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties, excluding only United
States (federal or state) taxes based solely on PERACON's income.
You agree to provide PERACON with complete and accurate billing and contact information.
This information includes your legal company name, street address, e-mail address,
and name and telephone number of an authorized billing contact and License Administrator.
You agree to update this information within 30 days of any change to it. If the
contact information you have provided is false or fraudulent, PERACON reserves the
right to terminate your access to the Service in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60
days of the invoice date of the invoice containing the amount in question to be
eligible to receive an adjustment or credit.
If you have a monthly subscription, you may cancel the following month’s membership
at any time by calling PERACON customer support at 703-748-7445.
10. NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to PERACON herein, PERACON reserves the
right to suspend or terminate this Agreement and your access to the Service if your
account becomes delinquent (falls more than 60 days into arrears). Delinquent invoices
(accounts in arrears) are subject to interest of 1.0% per month on any outstanding
balance, or the maximum permitted by law, whichever is less, plus all expenses of
collection. You will continue to be charged during any period of suspension. If
you or PERACON initiates termination of this Agreement, you will be obligated to
pay the balance due on your account computed in accordance with the Charges and
Payment of Fees section above. You agree that PERACON may charge such unpaid fees
to your credit card or otherwise bill you for such unpaid fees. PERACON reserves
the right to impose a reconnection fee in the event you are suspended and thereafter
request access to the Service.
11. TERMINATION UPON EXPIRATION/REDUCTION IN NUMBER OF LICENSES
This Agreement commences on the Start Date set out in the Subscription Agreement.
The Subscription Term will be as you elect during the online subscription process
or as otherwise mutually agreed upon, commencing on the Start Date. Upon the expiration
of the Subscription Term, this Agreement will automatically renew for successive
renewal terms equal in duration to the Subscription Term (or one year, if the Subscription
Term is greater than one year) at PERACON's then current fees. Either party may
terminate this Agreement, effective only upon the expiration of the then current
Subscription Term, by notifying the other party in writing at least thirty (30)
days prior to the end of the Subscription Term, except for monthly subscriptions
for which notice may be given at any time. In the case of free trials, notifications
provided through the Service indicating the remaining number of days in the free
trial shall constitute notice of termination.
12. MATERIAL BREACH
Any breach of your payment obligations or unauthorized use of the PERACON Technology
or Service will be deemed a material breach of this Agreement. PERACON, in its sole
discretion, may terminate your password, account or use of the Service if you breach
or otherwise fail to comply with this Agreement. In addition, PERACON may terminate
a free account at any time in its sole discretion.
13. REPRESENTATIONS & WARRANTIES
You represent and warrant that you have the legal power and authority to enter into
this Agreement. PERACON represents and warrants that it will provide the Service
in a manner consistent with general industry standards reasonably applicable to
the provision thereof and that the Service will perform substantially in accordance
with the online PERACON help documentation under normal use and circumstances. You
represent and warrant that you have not falsely identified yourself nor provided
any false information to gain access to the Service and that your billing information
is correct.
14. MUTUAL INDEMNIFICATION
You shall indemnify and hold PERACON, its licensors and each such party's parent
organizations, subsidiaries, affiliates, officers, directors, employees, attorneys
and agents harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys' fees and costs) arising out of or
in connection with: (i) a claim alleging that use of the Content infringes the rights
of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute
a violation by you of your representations and warranties; or (iii) a claim arising
from the breach by you or your Users of this Agreement, provided in any such case
that PERACON (a) gives written notice of the claim promptly to you; (b) gives you
sole control of the defense and settlement of the claim (provided that you may not
settle or defend any claim unless you unconditionally release PERACON of all liability
and such settlement does not affect PERACON's business or Service); (c) provides
to you all available information and assistance; and (d) has not compromised or
settled such claim.
PERACON shall indemnify and hold you and your parent organizations, subsidiaries,
affiliates, officers, directors, employees, attorneys, agents and invitees harmless
from and against any and all claims, costs, damages, losses, liabilities and expenses
(including attorneys' fees and costs) arising out of or in connection with: (i)
a claim alleging that the Service directly infringes a copyright, a U.S. patent
issued as of the Start Date, or a trademark of a third party; (ii) a claim, which
if true, would constitute a violation by PERACON of its representations or warranties;
or (iii) a claim arising from breach of this Agreement by PERACON; provided that
you (a) promptly give written notice of the claim to PERACON; (b) give PERACON sole
control of the defense and settlement of the claim (provided that PERACON may not
settle or defend any claim unless it unconditionally releases you of all liability);
(c) provide to PERACON all available information and assistance; and (d) have not
compromised or settled such claim. PERACON shall have no indemnification obligation,
and you shall indemnify PERACON pursuant to this Agreement, for claims arising from
any infringement arising from the combination of the Service with any of your products,
service, hardware or business process(s).
15. SPECIAL AGREEMENT ON CHOICE OF LAW AND FEE-SHIFTING
Your use of the Service and any claim or dispute relating thereto shall be governed
by the laws of the Commonwealth of Virginia, without regard to its conflicts of
law principles. Exclusive venue for any claim shall be in the Circuit Court for
the County of Fairfax, Virginia, or in the United States District Court for the
Eastern District of Virginia, Alexandria Division. You agree that said courts have
personal jurisdiction over you. You waive any right to a trial by jury. You agree
that PERACON shall be entitled to recover all its expenses and attorneys' fees incurred
in enforcing its rights under this Agreement and/or in any lawsuit arising out of
this Agreement.
16. INTERNET DELAYS
PERACON's Service may be subject to limitations, delays, and other problems inherent
in the use of the Internet and electronic communications. PERACON is not responsible
for any delays, delivery failures, or other damage resulting from such problems.
17. LOCAL LAWS AND EXPORT CONTROL
The Service uses software and technology that may be subject to United States export
controls administered by the U.S. Department of Commerce, the United States Department
of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export
control regulations of Switzerland and the European Union. You agree that the Service
shall not be used, and none of the software, or technology may be transferred or
otherwise exported or reexported to countries as to which the United States, Switzerland
and/or the European Union maintains an embargo, or to or by a national or resident
thereof, or any person or entity on the U.S. Department of the Treasury's List of
Specially Designated Nationals, the U.S. Department of the Treasury’s Palestinian
Legislative Council list, or the U.S. Department of Commerce's Table of Denial Orders.
The lists of Embargoed Countries, the Palestinian Legislative Council, and Designated
Nationals are subject to change without notice. By using the Service, you represent
and warrant that you are not located in, under the control of, or a national or
resident of an Embargoed Country or either are or are affiliated with a Designated
National or a member of the Palestinian Legislative Council. You agree to comply
strictly with all U.S., Swiss and European Union export laws and assume sole responsibility
for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements
under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council
Regulation (EC) No. 1334/2000.
PERACON makes no representation that the Service is appropriate or available for
use in locations outside the United States of America, Switzerland and/or the European
Union and/or South Korea. If you use the Service from outside the United States
of America, Switzerland and/or the European Union, you are solely responsible for
compliance with all applicable laws, including without limitation export and import
regulations of other countries. Any diversion of the Content contrary to United
States, Swiss or European Union (including European Union Member States) or South
Korean law is prohibited.
18. NOTICES
PERACON may give notice by means of a general notice on the Service, electronic
mail to your e-mail address on record in PERACON's account information, or by written
communication sent by first class mail or pre-paid post to your address on record
in PERACON's account information. Such notice shall be deemed to have been given
upon the expiration of 48 hours after mailing or posting (if sent by first class
mail or pre-paid post) or 12 hours after sending (if sent by email). You may give
notice to PERACON (such notice shall be deemed given when received by PERACON) at
any time by any of the following: letter sent by confirmed facsimile to PERACON
at the following fax numbers: (703) 935-2438; letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail to PERACON at the
following addresses: PERACON, Inc., 1650 Tysons Blvd. Suite 950, McLean, VA 22102;
addressed to the attention of: Chief Financial Officer.
19. MODIFICATION TO TERMS
PERACON reserves the right to modify this Agreement or its policies relating to
the Service at any time, effective upon posting of an updated version of this Agreement
on the Website. You are responsible for regularly reviewing this Agreement. Use
of the Service after any such changes shall constitute your consent to such changes.
20. ASSIGNMENT; CHANGE IN CONTROL
This Agreement may not be assigned by you without the prior written approval of
PERACON but may be assigned without your consent by PERACON to (i) a parent or subsidiary,
(ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment
in violation of this section shall be void. Any actual or proposed change in control
of you that results or would result in a direct competitor of PERACON directly or
indirectly owning or controlling 50% or more of you shall terminate automatically
this Agreement with no further action needing to be taken by PERACON.
21. MISCELLANEOUS
If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the invalid or unenforceable provision(s),
with all other provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between you and PERACON as
a result of this agreement or use of the Service. The failure of PERACON to enforce
any right or provision in this Agreement shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by PERACON in writing. This Agreement,
as it may be modified from time to time, together with any applicable Subscription
Agreement, comprises the entire agreement between you and PERACON and supersedes
all prior or contemporaneous negotiations, discussions or agreements, whether written
or oral, between the parties regarding the subject matter contained herein.
22. PRIVACY & SECURITY DISCLOSURE
PERACON's privacy and security policies may be viewed at
Privacy
Statement and
Security Statement right to modify
its privacy and security policies in its sole discretion from time to time. Note
that because the Service is a hosted, online application, PERACON occasionally may
need to notify all Users of the Service of important announcements regarding the
operation of the Service.
Selected owner/investor profile information, including summary prior due diligence
activity, may be visible to brokers if the owner/investor requests an invitation
for an asset identified on the PERACON website.
23. DEFINITIONS
As used in this Agreement and in any Subscription Agreement now or hereafter associated
herewith:
- "Agreement" means these online Terms and Conditions of Use, any Subscription Agreement, whether written or submitted online via the Online Order Center, and any materials available on the PERACON Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by PERACON from time to time in its sole discretion;
- "Content" means the audio and visual information, Customer Data, software, products and services contained or made available to you in the course of using the Service;
- "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service;
- "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
- "License Administrator(s)" means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service;
- "Online Order Center" means PERACON's online application that allows the License Administrator designated by you to, among other things, add additional Users to the Service;
- "PERACON" means collectively PERACON, Inc., a Delaware corporation, having its principal place of business at 1650 Tysons Blvd., Suite 950, McLean, VA 22102, and its licensors;
- "PERACON Technology" means all of PERACON's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by PERACON in providing the Service;
- "Service" or "PERACON's Service" means the specific edition of PERACON's online transaction management services identified during the ordering process, developed, operated, and maintained by PERACON, accessible via http://www.peracon.com or another designated website or IP address, or ancillary online or offline products and services provided to you by PERACON, to which you are being granted access under this Agreement, including the PERACON Technology and the Content;
- "Start Date" means the date set out in the Subscription Agreement designating the commencement of the Subscription Term;
- "Subscription Agreement" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Subscription Agreement to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Subscription Agreement, the terms of this Agreement shall prevail);
- "Subscription Term" means the period during which a User is licensed to use the Service and/or you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Subscription Term is the first quarter);
- "User(s)" with respect to password-protected web pages at the Website means you and/or your employees, representatives, consultants, contractors, agents or invitees who are authorized to use the Service and have been supplied user names and passwords by you (or by PERACON at your request). "User(s)" with respect to public web pages at the Website means any visitor to those web pages.
- "Website" means PERACON's website located at http://www.peracon.com or another designated website or IP address to which you are granted access under this Agreement.
IMPORTANT NOTICE
THIS IS A LEGAL AGREEMENT. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE
FOR THIS SERVICE. BY SUBSCRIBING TO AND/OR ACCESSING THIS SERVICE AND/OR ANY PAGES
THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE AND TO ABIDE BY
THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PERACON'S PRIVACY AND SECURITY POLICIES.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ABOVE, DO NOT ACCESS THIS SERVICE.