Terms & Conditions

Prescient Marketing, LLC. (PRESCIENT) provides this Web site (http://www.premktg.com) to you subject to the terms and conditions set forth below, as well as the terms of our Privacy Policy. Your use of this Web site indicates and constitutes your acceptance of these terms and conditions and of our Privacy Policy. If you do not accept these terms and conditions and the terms of our Privacy Policy, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

Copyright and Trademark
This Web site contains text, data, software, graphics, and other information and material that are protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of PRESCIENT or its licensors, who reserve all of their respective rights. In particular, PRESCIENT reserves all rights to display, select, coordinate, arrange, enhance, modify, remove, alter, copy, create derivative works from, transmit and distribute and commercially exploit the content of this Web site, whether in whole or in part, subject to the rights of its licensors.

PRESCIENT, the PRESCIENT logo and all are trademarks of PRESCIENT Marketing , LLC. All rights reserved. All other company names, product names, and logos appearing on this Web site are the property of their respective owners. You must obtain permission from those owners before copying or using their product names, company names, or logos.

Permission to Use This Web Site
Many portions of this Web site are available for public viewing and use. Subject to the terms and conditions set forth on this page, the terms and conditions of any license or other agreement pursuant to which you use our products, and the requirements and limitations of applicable law, PRESCIENT grants you permission to do the following: (i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Web site to which we have granted you access, provided you retain all copyright, trademark, and other proprietary rights notices and provided you do not copy or distribute the copy or copies and that you use the copy or copies only for personal, non-commercial purposes; and (iii) obtain our products subject to payment of all applicable charges and agreement to the terms and conditions of any license or other agreement associated with those products. Any other use of this Web site or its contents is prohibited without first obtaining written permission from PRESCIENT.

Submissions to This Web Site
This Web site contains various means for you to communicate with us and/or with other users of this Web site. Please do not send confidential or proprietary information, materials, or other content to us unless you are certain that PRESCIENT has entered into a separate, written agreement with you regarding confidentiality of disclosures you make to us. Unless PRESCIENT has entered into a separate, written agreement with you that explicitly provides otherwise, you agree that PRESCIENT is free to disclose and/or use all such information, materials, or other content, including any ideas, concepts, know-how, and techniques embodied in it, for any purpose whatsoever, including but not limited to creating, manufacturing, and/or marketing its products.

Third-Party Content and Links to Third-Party Sites
PRESCIENT is not responsible for any opinions, advice, or statements made by third parties.

Many of the links on this Web site allow you to leave this Web site. PRESCIENT is not responsible for linked sites operated by third parties. Unless explicitly stated otherwise, links to others' Web sites are not endorsements by PRESCIENT of owners or operators of the linked Web sites or of any content, products, or services available on those Web sites.

No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRESCIENT, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS ABOUT ACCESS TO OR USE OF THIS WEB SITE OR ITS CONTENTS, AND PRESCIENT AND ITS AFFILIATES DISCLAIM ALL EXPLICIT AND IMPLIED WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

By way of example and not limitation, neither PRESCIENT nor its affiliates represent or warrant that use of this Web site will be uninterrupted or error-free; nor do they make any representations or warranties regarding (i) the results that may be obtained from use of this Web site; (ii) the accuracy, completeness, reliability, currency, or future availability of any information on this Web site; (iii) the availability, quality, or performance of any products or services distributed on or provided through this Web site (except as may be set forth in any license or other agreement related to those products or services); or (iv) the results that may be obtained from use of any third-party Web sites that are linked to this Web site, or the content, products, or services available on those third-party Web sites.

Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND PRESCIENT, NEITHER PRESCIENT NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH IT, WHETHER AS A RESULT OF ERRORS, OMISSIONS, DELETION OF DATA, FILES OR MESSAGES, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR OTHER CAUSES. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS OR CONTROVERSIES ARISING UNDER OUR PRIVACY POLICY. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF PRESCIENT AND/OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN ANY JURISDICTION, IN WHOLE OR IN PART, FOR ANY REASON, PRESCIENT'S AGGREGATE LIABILITY UPON ANY AND ALL CAUSES OF ACTION (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH IT WILL BE LIMITED IN SUCH JURISDICTION(S) TO THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED OR ONE HUNDRED DOLLARS ($100).

Indemnification
You hereby agree to indemnify and hold harmless PRESCIENT and its affiliates from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by PRESCIENT and its affiliates, directly or indirectly, by reason of any act or omission that you commit in breach of these terms and conditions (including, but not limited to, your obligations contained herein) and any other terms and conditions or policies set forth elsewhere in this Web site.

Export Restrictions
This Web site is controlled and operated by PRESCIENT from its offices within the United States. PRESCIENT makes no representation that the products, services, and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited. Those who choose to access this Web site or any products available through it from other countries are responsible for compliance with applicable local laws. You may not export or re-export any product available through this Web site except in full compliance with all United States laws and regulations. In particular, no product available through this Web site may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the United States Treasury Department's Table of Denial Orders. You are responsible for complying with any local laws in your country regarding import and export of products available through this Web site.

Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain products or services from PRESCIENT. A specific provision in any of those notices, licenses, or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

No delay or failure to take any action or exercise any right that PRESCIENT may take or exercise pursuant to these terms and conditions, our Privacy Policy, or applicable law will constitute a waiver of that action or right by PRESCIENT.

Except with respect to intellectual property rights, including the right of a party to apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any controversy or claim (collectively, "claims") arising out of or relating to use of this Web site or any products provided through it, including any claims arising under or related to our Privacy Policy, that cannot be resolved through negotiation will be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association then in effect. All arbitration proceedings will occur in English and will be held in Virginia. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any litigation related to intellectual property rights, the parties' obligation to arbitrate, or the conduct or results of any arbitration proceeding will be brought in the United States District Court or the Virginia Superior Court (or equivalent) for the division in which PRESCIENT's principal offices are then located, and you hereby submit to the personal jurisdiction of these courts and waive all objections to placing venue before them. Pending the award of the arbitrator(s), each party will bear its own costs and expenses and an equal share of the administrative fees of arbitration and the fees payable to the arbitrator(s). The prevailing party in any arbitration proceeding or litigation hereunder will be entitled, in addition to any other relief granted to it, to recover its reasonable attorneys' fees and costs incurred in connection with the arbitration and/or litigation, including its share of any fees paid pending the award of the arbitrator(s).

The terms and conditions contained on this page, as well as our Privacy Policy, will be governed by and interpreted in accordance with the laws of the State of Virginia. If any of the provisions on this page or in those policies are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible, and the remaining provisions will continue in effect.

Copyright© 2003 PRESCIENT. All rights reserved.