Ownership
Trade Names / Trademarks
Privacy Policy
Links to Other Sites
Representations as to Content
Limitations on PAS's Liability
Software License
Governing Law and Venue
Enforcement
Modification / Integration

 

Ownership

This web site is owned and operated by Purcell Advisory Services, LLC ("PAS"). Except where otherwise indicated, the content featured or displayed on this web site, including, but not limited to, text graphics, photographs, images, moving images, sound, illustrations and software, belongs to PAS, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this web site could subject you to liability under copyright, trademark, unfair competition, and other laws of the United States.

PAS authorizes you to copy materials on this site to a hard drive for the purpose of viewing and using the site on your computer. You may also print portions of the site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the site. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of this material on any other web site or in a networked computer environment for any purpose is prohibited.

Trade Names/Trademarks

Purcell Advisory Services is a trade name of PAS. Other parties' trade names or trademarks used, depicted or identified on this web site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this web site of the trade name(s) or trademark(s) of any other party is not intended to imply PAS's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of PAS and it's products or services.

Privacy Policy

PAS respects your ability to make informed choices about the collection and uses of your personal information. When you access this web site, some information such as the site that referred you to this web site, your IP address, and your email address may be automatically collected as part of the operation of this web site. We may use this information to generate user profiles and to personalize our web site to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U S. government restrictions on web sites providing content to, and acquiring information from, children. Any such personal information as may from time to time be collected from this web site is stored indefinitely. PAS may share statistical information about its users with third party associates. PAS does not share information with other companies other than its own associates, and does not sell its customer information. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this web site. Unless you opt out of receiving promotional materials, we may from time to time notify you of special promotions, new products or services or other information that may interest you. You may also receive similar notifications from our third party associates. We also reserve the right to disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

If you do not want to receive promotional information from PAS or our third party associates, you may contact us at purcell@purcellas.com to change your preference. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However, we will not be responsible for recalling information we may have already provided to our third party associates prior to receiving and processing your opt out request.

Children: It is not our intention to collect personal information from anyone under 18years of age. If you are under 18, you should not enter information on this Web Site and should ask a parent to do so for you. If you are under 13, we must have express written permission from a parent before you may use this site. The authorizing parent must email us at purcell@purcellas.com, certifying the parent's age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

If at any time you believe that PAS has not followed the above policy, please contact us at purcell@purcellas.com, and we will make reasonable efforts to identify and correct any problems. PAS reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the changes on this web site. We encourage you to review this privacy policy each time you visit our web site to make sure you understand our current policy on collecting and using customer information.

Links to Other Sites

The web site may contain links to web sites not operated or maintained by PAS. These links are provided solely as a convenience to you and not as an endorsement by PAS of the content of such third party web sites. PAS is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third party web sites, you do so at your own risk, and waive any and all claims against PAS regarding the inclusion of limits to outside web sites or your use of those web sites. The third party sites may contain "User Agreements" or "Terms and Conditions" to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked sites when you access them.

Representations as to Content

PAS uses reasonable efforts to ensure the accuracy, correctness and reliability of this site's content, but we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. However, PAS disclaims any duty to update any information contained in the web site and, therefore, some content may not be accurate. The use of the web site and the material is at your own risk. The materials on this web site are provided for promotional and informational purposes only, and are not intended for any other use, or as advertisements or endorsements of the products or services of any party other than PAS. Changes are periodically made to the web site and may be made at any time.

Limitations on PAS's Liability

Disclaimers of warranties: PAS does not warrant that the web site will operate error-free or that this web site and it's server are free of computer viruses and/or other harmful materials. If your use of the web site or the material result in the need for servicing or replacing equipment or data, PAS is not responsible for those costs. The web site and material are provided on an "as is" basis without any warranties of any kind to the fullest extent permitted by law. PAS disclaims all warranties, including the warranty of merchantability non-infringement of third parties rights, and the warranty of fitness for particular purpose. PAS makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and/or links. Disclaimer of consequential damages, except as otherwise required by applicable law, neither PAS nor its directors, employees, licensors content providers, affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this web site or from any information, services or products provided by or through this web site, even if PAS has been advised of the possibility of such damages remedy if you are dissatisfied with this web site, or any portion thereof, your exclusive remedy shall be to cease using the web site.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. PAS makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this web site and the provisions of these "Terms and Conditions".

Software License

Any software that may from time to time be made available for downloading from this web site is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the "License Agreement".

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts of the State of Washington in Pierce County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, PAS shall have the right to commence and prosecute any legal or equitable action or proceeding before any non U.S court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of PAS, such action is necessary or desirable.

Enforcement

Should any clause of these "Terms and Conditions of Use" be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and affect. PAS's failure to expressly enforce any provision of these "Terms and Conditions" does not waive its rights to enforce that or any other provision

Modification/Integration

We reserve the right to change these "Terms and Conditions", and other information available on this web site, without notice. These conditions set out the entire agreement between PAS and you relating to your use of this web site.

 

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