Primera Terms and Conditions
Thank you for visiting this Site, which is owned and operated by Primera Technology, Inc. Please take a few minutes to review these Terms and Conditions. They govern your use of any Primera-owned website on which they are posted.
Effective Date: April 18, 2012
Ownership of this Site and its Content
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Primera or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. If you are a Primera reseller or distributor, permission is also hereby granted to download high- resolution product images, logos, and videos for your websites and marketing materials, provided that you use such images, logos, and videos in a manner consistent with any instructions Primera has provided or may provide.
The Primera names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Primera (the “Primera Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Primera Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Primera Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not Primera, are entirely responsible for all User-Generated Contentthat you post and that
you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these
Terms and Conditions, an obligation of confidentiality, or the rights of others. If any part of the User-Generated
Contentyou post is not your original work, it is your responsibility to obtain any necessary permission to post
Because we do not control the User-Generated Contentposted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Contentthat you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Contentposted, emailed, transmitted or otherwise made available on or through this Site. The User-Generated Contentposted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Primera or any person or entity associated with Primera.
You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Contentyou post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Contentthat you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. Primera has certain rights. We have the right (but do not assume the obligation) to:
- monitor all User-Generated Content
- require that you avoid certain subjects
- remove or block any User-Generated Contentat any time without notice at our sole and absolute discretion
- disclose any User-Generated Contentand the identity of the user who posted itin response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Primera or others, or to enforce these Terms and Conditions
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms and Conditions that you do not:
- upload, post, transmit or otherwise make available
- any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
- any User-Generated Content that constitutes or encourages activity that is illegal under criminal or civil law
- any User-Generated Content that is false, misleading, or fraudulent
- any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (I) that person is at least eighteen years old and you have first obtained his/her express permission or (II) that person is under eighteen years old but you are his/her parent or legal guardian
- any request for or solicitation of any personal or private information from any individual
- any request for or solicitation of money, goods, or services for private gain
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- violate any local, state, national or international law, rule or regulation
By posting User-Generated Content, you represent and warrant that (I) you own or otherwise control all of the rights to the User-Generated Contentand have the right to grant the license set forth in these Terms and Conditions; (II) the User-Generated Contentis accurate, and (III) you are at least eighteen years old and you have read and understood—and your User-Generated Contentfully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
Removal of Content
In general, you can report objectionable User-Generated Content by contacting us. While we do not have any obligation to remove User-Generated Content from this Site merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Site may remain on back-up servers.
Violation of copyrights. Primera does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
Two Carlson Parkway North
Plymouth, MN 55447
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide Personal Information to Primera it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Inappropriate Behavior or Profane Language
Primera offers free technical support for the life of your product, providing that you abide by the terms and conditions published on our website.
Primera believes in treating our customers with courtesy, respect, and dignity. We will strive to make every interaction with customers a positive experience. However, abuse of our employees by a customer will not be allowed. At Primera’s sole discretion, we may temporarily or permanently terminate your technical support privileges and future access to our employees and products based on documented inappropriate behavior.
Inappropriate behavior means behavior directed at a Primera Employee during your phone, chat, or in-person interactions with Primera’s Sales, Marketing, Technical Support, Customer Care, or other personnel, where the customer’s conduct is disorderly, inappropriate, abusive, or violent, including without limitation:
- Personal threats toward a Primera employee
- Obscene or profane language directed toward a Primera employee
- Insults or slurs directed toward an employee
- Intentional destruction of Primera property
It is your responsibility to familiarize yourself with these terms and conditions that apply to your interactions with Primera’s employees. If you have any questions about the rules that apply to your situation, please check www.primera.com or contact a Primera representative for guidance.
we make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through this site. this site and all of its content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. to the fullest extent permitted by law, primera, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. without limiting the generality of the foregoing, primera, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error.
we do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses).
primera does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized primera spokespersons. we do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of primera. we do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. you accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
if any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
Links to Third-Party Websites
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Primera shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms and Conditions do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification and DiscontinuationWe reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Primera of any breach of any provision of these Terms and Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms and Conditions will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions will be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms and Conditions is taking place or originating.
You agree to indemnify and hold Primera, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms and Conditions May Change
Void Where Prohibited By Law
Some or all parts of Primera’s terms and conditions may not be legal in certain states or countries and therefore may not apply.
The term “Content” refers to all of the software and code comprising or used to operate this Site,
and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video
clips, and other materials available on this Site.
The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “including” means including, but not limited to.
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and email address.
The terms “Primera,” “we,” “us,” and “our” refer to Primera Technology, Inc.
The term this “Site” refers to the Primera-owned website on which these Terms and Conditions are posted.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. Examples of User-Generated Content are information you provide as part of a product review and comments you make in response to a blog post.
If you have any questions about this Site or these Terms and Conditions, please contact us using the following information:
Primera Technology, Inc.
Two Carlson Parkway North
Plymouth, MN 55447-4446 USA
Toll Free: 1-800-797-2772
firstname.lastname@example.org | www.primera.com