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Site Terms Of Use
Your
use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services")
is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by
posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any
modifications that we make. Some of the Services may be subject to additional posted conditions.
Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event
of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions
shall control. We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any prior notice: - Restrict,
suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue
all or any part of our Services;
- Refuse, move, or remove any material that you submit to our
sites for any reason;
- Refuse, move, or remove any content that is available on our sites;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish
general practices and limits concerning use of our sites.
You agree that we will not be liable
to you or any third party for taking any of these actions.
You understand and agree that our
Services may include communications such as service announcements and administrative messages from us or from our partners
and that these communications are considered part of the Services. You may not be able to opt out of receiving these
messages. You also understand that our Services may include advertisements. Content on
our sites Our sites include a combination of content that we create, that our partners create, and that our
users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics,
images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks
or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create
derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content
on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us. You are solely responsible for all materials, whether publicly posted or privately transmitted,
that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify
that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide,
irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute,
publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your
Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically
or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database
accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any
form, medium, or technology now known or later developed. Our site contains content that we create
as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and
stock quotes. It also includes information about products and services offered by parties other than PIC, such as product
descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or
the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible
for postings by users in the Free Classifieds, message board, or any feedback sections of our sites. You
may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks
associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole
discretion, violate these Terms or that is otherwise objectionable. Third-party sites,
products, and Services Our sites contain links to other Internet sites owned by third parties. Your use of each
of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that
are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party
content or a link to a third-party site is not an endorsement of that content or third-party site. We
do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we
disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties,
including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that
we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions
with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate
vendor. Privacy policy All of the information that we collect from you,
such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy. Your conduct on our sites If we request registration information from you, you
will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep
it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone
else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree
to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if
you fail to comply with these requirements.
Without limiting the foregoing, you agree that you will not use our
sites to take any of the following actions: - Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate
(collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs
that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or
telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes,
spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file
that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify
or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the
source of software or other material;
- Restrict or inhibit any other user from using and enjoying
any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate
any person or entity, including, but not limited to, a PIC agent, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
You agree to use our message board
services or classifieds communities only to send and receive messages and material that are proper and related to
that particular Forum. If you choose a username that, in our sole discretion, is obscene, indecent,
abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to
you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination
of these options. Unauthorized access to our sites is a breach of these Terms and a violation
of the law. You agree not to access our sites by any means other than through the interface that is provided by PIC for use
in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts,
or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance
and in writing. Use of our sites is subject to existing laws and legal process. Nothing contained
in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating
to your use of our sites. Requests to remove certain content from our sites If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property
rights, please contact us. Indemnification You hereby agree to indemnify, defend and
hold NEB and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners,
and licensors (collectively, "NEB") harmless from and against any and all liability, losses, costs, and expenses
(including attorneys' fees) incurred by any NEB in connection with any claim, including, but not limited to, claims
for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising
out of: - Your use of our sites;
- Any use or alleged use of
your accounts or your passwords by any person, whether or not authorized by you;
- The content,
the quality, or the performance of content that you submit to our sites;
- Your connection to
our sites;
- Your violation of these Terms; or
- Your violation
of the rights of any other person or entity.
We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate
with our defense of these claims. Disclaimers We disclaim any responsibility
for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim
any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using
search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you
will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or
the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power
providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil
disturbance, or any other cause beyond our reasonable control. WE DO NOT WARRANT THAT OUR SITES
WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND
THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS
MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE
THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF
ITS CONTENT. NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. Arbitration NEB may elect to resolve any controversy
or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and
shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted
in San Diego, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California, necessary
to protect the rights or the property of you or NEB. (or its agents, suppliers, and subcontractors), pending the completion
of arbitration. Miscellaneous We may be required by state or federal law
to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them
on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you
have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail
to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting
the General Counsel, NEB, PO BOX 1242 Bonsall, CA 92003. Our failure to exercise or enforce any
right or provision of these Terms shall not constitute a waiver of such right or provision. You
agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use
of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute
the entire agreement between you and PIC and govern your use of our sites, superceding any prior agreements that you may have
with us. These Terms shall be construed in accordance with the laws of the State of California,
and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court
of competent jurisdiction in San Diego, California if seeking interim or preliminary relief or enforcement of an arbitration
award. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely
matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
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