Park Street PR Website Terms and Conditions of Use
Welcome to the official website of Park Street PR. We have created this Website Terms and Conditions of Use Agreement (“Agreement”) for visitors (“you” or “your”) to our website (the “Site”), to describe the terms and conditions applicable to your use of this Site.
By accessing or using the Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Park Street PR reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Site, any policy or guideline of the Site, at any time and in its sole discretion without further notice. Any changes or modification will be effective upon posting on the Site. Your continued use of this Site following the changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to these terms and conditions of access and use, you should not access or use this Site.
1. Service Terms.
a. Use of Site. Subject to your agreement to the terms and conditions of this Agreement, including the Privacy Policy which is incorporated herein by reference, Park Street PR grants you a limited, non-exclusive, revocable license to access and make personal and non-commercial use of this Site, provided you do not modify, alter or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Park Street PR. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. We reserve the right to modify or remove any information, links, articles, materials, products, or services provided on the Site at any time without further notice. All rights not expressly granted herein, are expressly reserved by Park Street PR.
b. Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, articles, photographs, website links, products and service listings. You further agree not to download or copy any content for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. This Site, or any portion of this Site, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Park Street PR. You agree not to interfere, disrupt or attempt to gain unauthorized access to this Site, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by Park Street PR to be in conflict with the spirit or intent of this Agreement. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
2. Ownership of Intellectual Property.
a. Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are owned by Park Street PR. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Park Street PR. All other trademarks and service marks not owned by Park Street PR on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing the Trademarks without the express written consent of Park Street PR. Any unauthorized use terminates the permission or license granted by Park Street PR.
b. Copyright Protected Works. All content contained on this Site, including but not limited to, software, images/video, photographs, electronic art, animations, graphics, sounds/audio, information, data, layouts, pages, screens, directories, and databases are copyright protected works owned by or licensed to Park Street PR (hereafter “Copyrighted Works”). You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site without the prior expressed written permission of Park Street PR.
3. Links from and to this Site.
You acknowledge and agree that Park Street PR has no responsibility for the accuracy or reliability of information provided by linked sites. Links to external websites do not constitute an endorsement by Park Street PR of the sponsors of such sites or the content, services, products, advertising or other materials presented on such sites. Park Street PR shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. Information on the webpages that are linked to this Site comes from a variety of sources. Park Street PR does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Park Street PR 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 use of or reliance on any such content, goods or services available on such external sites or resources.
4. Submission of Confidential Information.
Do not use this Site as a means of submitting information you consider to be confidential or proprietary. Except as otherwise expressly provided herein or in a written agreement with Park Street PR applicable to your particular use of this Site, any submission of material by you will be considered a contribution to Park Street PR for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or submissions to Park Street PR or postings on this Site, are non-confidential (subject to Park Street PR’s Privacy Policy) and shall become the sole property of Park Street PR.
5. Disclaimer of Warranties.
PARK STREET PR PROVIDES THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARK STREET PR DOES NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL PARK STREET PR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
7. Miscellaneous.
a. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
c. Law. This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site’s contents may be unlawful is prohibited.
d. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Dakota County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Dakota County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Dakota County, Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Dakota County, Minnesota.
e. Headings. The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
f. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.