Terms of Use
These terms and conditions (“Terms and Conditions”) constitute a binding legal agreement between you and SOCRUE™, governing your access to and use of the websites and its content (as defined below) located at www.perception.solutions and all social media/networking accounts affiliated with SOCRUE™ (the “Sites”).
Please read these terms and conditions carefully. By accessing, browsing, reviewing, and/or using the Sites, you acknowledge and agree that you have read, understood, and agree to be bound by these terms and conditions without limitation or qualification, and that you shall comply with all applicable laws, rules, and regulations. If you do not agree to be bound by these terms and conditions, do not use the Sites.
The Sites may contain additional proprietary notices and copyright information—the terms and conditions of which must be observed and followed. Information on the Sites may contain technical inaccuracies or typographical errors. SOCRUE™ may, in its sole discretion, revise, amend, modify, or delete portions of these terms and conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these terms and conditions. Your continued use of the Sites constitutes your acceptance of any revisions, amendments, modifications, or deletions to these terms and conditions.
Accessing and Using the Sites / Restrictions on Use
Subject to your ongoing compliance with these terms and conditions, SOCRUE™ hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Sites solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark, and other intellectual property notices therein. Furthermore, SOCRUE™ does not grant you permission, by implication, estoppel or otherwise, to state or suggest that SOCRUE™ promotes or endorses any third party’s political views, ideas, causes, products, or services. All other rights are hereby expressly reserved.
Your use of the Sites, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service or content. You shall comply with these terms and conditions and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any content or information contained in or obtained from or through the Sites; (ii) delete the copyright or other proprietary rights notices from the Sites or any content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Sites; (iv) use any robot, spider, scraper, or other automated means to access the Sites; (v) decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites; (vi) insert any code or product or manipulate the Sites in any way; (vii) use any data mining, data gathering, or extraction method; (viii) upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sites, including any software viruses or any other computer code, files, or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Sites; or (x) use or encourage the use of the Sites for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection, and privacy.
SOCRUE™ has the right to alter, suspend, or discontinue the Sites or your access to or use of the Sites at any time for any reason without notice or liability to you or any third party. The Sites may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data, or operations for which SOCRUE™ shall not take on any liability.
Copyrights and Use of Content
The copyright in all materials, features, and functionality on the Sites, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof, along with any enhancements to or derivative works thereto (collectively, “Content”), is the exclusive property of SOCRUE™ or its licensors and is protected by U.S. and international laws. None of the content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of SOCRUE™ or the copyright owner in each instance. You shall not “mirror” or “frame” any content or the Sites itself, in whole, or in part without SOCRUE™ expressed written permission. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or content obtained from the Sites does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage your systems, software, data, or operations.
Trademarks
The trademarks, service marks, logos, and trade names (the “Trademarks”) used and displayed on the Sites are registered and unregistered trademarks of SOCRUE™ Other trademarks, service marks, logos, and trade names may be owned by others. Nothing on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or any other SOCRUE™ intellectual property displayed on the Sites. SOCRUE™ aggressively enforces its intellectual property rights to the fullest extent of the law. The registered trademark, “In a world of choice, will you be chosen”® and any other trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of content on the Sites, without prior written permission from SOCRUE™. You shall not refer to or attribute any information to SOCRUE™ or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. SOCRUE™ also prohibits the use of SOCRUE™ and any other trademarks as part of a link to or from any Sites unless the establishment of such a link is approved in advance by SOCRUE™ in writing.
User Postings
You acknowledge and agree that SOCRUE™ owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share, or otherwise publish on the Sites (“Submissions”). You hereby waive any and all claims against SOCRUE™ for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution, or any other intellectual property rights in connection with SOCRUE™ use and publication of such submissions. This means anything posted, submitted, shared, or otherwise published by you to the Sites shall be owned by SOCRUE™ and may be used by SOCRUE™ for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event SOCRUE™ ownership of such submissions is successfully contested, you automatically grant SOCRUE™ a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against SOCRUE™ for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the submissions. SOCRUE™ does not represent or endorse the accuracy or reliability of any submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Sites by any user of the Sites, information provider, or any other third party. SOCRUE™ expressly disclaims any and all liability related to submissions, and you acknowledge and agree that any reliance upon such submissions shall be at your sole option, liability, and risk. You agree that you shall not post, submit, share, or otherwise publish on the Sites any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. SOCRUE™, in its sole discretion, reserves the right to refuse to post and the right to remove any information or submission from the Sites, in whole or in part, for any reason.
No Services, Endorsement, or Professional Consultation
There may be delays, omissions, or inaccuracies in information obtained through your use of the Sites. The information on the Sites is provided to you with the understanding that SOCRUE™ provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on the Sites should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, SOCRUE™ does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Sites by SOCRUE™, any user, information provider, or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability, and risk. Moreover, SOCRUE™ does not grant any license or other authorization to you to use the Sites in any manner if such use in whole or in part suggests that SOCRUE™ promotes or endorses a third party's causes, ideas, political campaigns, political views, websites, products, or services.
Disclaimer of Warranties
The Sites, including all content therein, is provided as is and “as available,” without any warranties of any kind. To the fullest extent permissible under applicable law, SOCRUE™ disclaims all warranties, express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Specifically, but without limitation, SOCRUE™ does not represent or warrant that: (1) the information on the Sites is correct, accurate, or reliable; (2) the functions contained on the Sites shall be uninterrupted or error-free, or (3) defects shall be corrected, or that the Sites or the server that makes it available is free of viruses or other harmful components. You hereby acknowledge that use of the Sites is at your sole risk. If you are a California resident, you hereby waive the California Civil Code Section 1542, which provides: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
Under no circumstances shall SOCRUE™ or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys, and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential, or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Sites or the information, content, software, products and services advertised or contained on the Sites or otherwise obtained from or arising out of your use of the Sites, including for viruses alleged to have been obtained from the Sites, whether based in contract, tort (including negligence), strict liability, or otherwise, even if SOCRUE™ has been advised of the possibility of such damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record.
In no event shall SOCRUE™ or any of its predecessors’, successors’, parents’, subsidiaries’, affiliates’, officers’, directors’, shareholders’, investors’, employees’, agents’, representatives’, and attorneys’ and their respective heirs’, successors’ and assigns’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed $1. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
Indemnification
You hereby indemnify, defend, and hold harmless SOCRUE™ and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (i) your access to or use of the Sites, or (ii) any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. SOCRUE™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
These Terms and Conditions are governed and interpreted pursuant to the laws of the Charlotte, North Carolina, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of Charlotte, North Carolina, United States of America. You further agree and expressly consent to the exercise of personal jurisdiction in Charlotte, North Carolina, United States of America in connection with any dispute or claim involving SOCRUE™ If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Infringement Notices and Takedown
SOCRUE™ prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Sites infringes your copyright or other intellectual property rights, you should notify SOCRUE™ of your copyright infringement claim in accordance with the following procedure. SOCRUE™ shall process notices of alleged infringement, which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the designated agent who is:
Adam Pack, Managing Principle
SOCRUE™
adam.pack@socrue.com
Telephone: +1-704-287-1973
To be effective, the notification must be digitally typed and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
The electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Sites are covered by a single notification, a representative list of such works at that Sites; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and SOCRUE™ with respect to the subject matter of these Terms and Conditions and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of these Terms and Conditions shall be effective only if in writing and signed by SOCRUE™ Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other provision of these Terms and Conditions.