Terms and Conditions
Welcome to our Web site. This site is provided by Pritchett, LP ("Pritchett"), a company organized and existing under the laws of the State of Texas, and may be used for informational purposes only. Please review carefully the online terms and conditions (the "Agreement") that govern your use of our site. Please note that by accessing, using, or downloading materials from this Web site, you agree to be bound by these terms and conditions just as if you had signed this Agreement. If you do not agree to be bound by this Agreement, do not use this Web site.
This Web site contains information, including without limitation all text, graphics, photographs, graphs, sounds, data, images, animation, music, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by Pritchett. Your use of this Web site and access to the Information is expressly conditioned upon your agreement that all access and use will be governed by all of the terms and conditions in this Agreement.
- Legal Disclaimer
- Privacy Statement
- License Grant
- Use Restrictions
- Submissions
- Linking
- Modification
- Delays in Services
- Termination
- Monitoring
- Limited Warranty
- Limitation of Liability
- Indemnification
- No Conflicting Terms
- Attorney's Fees
- Governing Law; Limitations; Venue
- Severability
- U.S. Government Restricted Rights
- Copyright, Patent and Trademark Notice
- Assignments
- Entire Agreement
Legal Disclaimer
This service is located at the "pritchettclips.com" Web site, which is owned and operated by Pritchett. The information on this Web site is intended to furnish users with general information on matters that they may find to be of interest.
While every effort has been made to offer current and accurate information, errors can occur. Furthermore, this Web site may contain reference to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances. This information is provided "as is", with no guarantees of completeness, accuracy or timeliness, and without warranties of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Pritchett disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Pritchett does not warrant that this Web site, various services provided through this Web site, and any information, software or other material downloaded from this Web site, will be uninterrupted, error-free, or free of viruses or other harmful components.
Certain links on this Web site lead to servers maintained by individuals or organizations over whom Pritchett has no control. Pritchett makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers.
Except where noted otherwise, all Web site contents Copyright © 2004 Pritchett, LP. All rights reserved. No part of the materials on this Site, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without Pritchett's written permission.
Privacy Statement
Pritchett will handle the information we learn about you from your visit to our website in the following manner. The information we receive depends upon what you do when visiting our site.
If you visit our site to read or download information, such as free stuff or articles:
We collect and store only the following information about you: the name of the domain from which you access the Internet; the date and time you access our site; and the Internet address of the website from which you linked directly to our site.
We use the information we collect to measure the number of visitors to the different sections of our site, and to help us make our site more useful to visitors.
If you identify yourself by submitting a contact form:
You also may decide to send us personally-identifying information, for example, in an electronic mail message containing a request. We use personally-identifying information (e-mail addresses) from visitors to send periodic e-mail updates regarding Pritchett's services and events. If you do not wish to receive such information, send us an e-mail to webmaster@pritchettnet.com and we will delete your e-mail address from the list and refrain from sending you any further e-mail notifications.
We want to be very clear: We will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us.
We will never release, sell, or give your information to any other party or organization, without your explicit permission. If you choose to no longer receive information on our services and products, we will honor your choice and refrain from sending you such announcements. You may change your choice at any time.
License Grant
Pritchett grants you a worldwide, non-exclusive, revocable and non-transferable license to use this Web site. You may download, view, copy, and print the Information incorporated into this Web site solely for your personal, non-commercial use.
Use Restrictions
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by Pritchett, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works based on, store or time-share the Web site, any part thereof, or any of the Information received or accessed from it to or through any other person or entity. Access to the restricted parts of the Web site without the authorization of Pritchett is strictly prohibited. You agree to use the Web site and Information for lawful purposes only. You agree not to post or transmit any information through the Web site that (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of these rights. You are solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Web site or Information. You may not interrupt or attempt to interrupt the operation of the site in any way.
Submissions
Pritchett does not want you to, nor should you, send any confidential or proprietary information to Pritchett via this Web site. Should you choose to submit information in spite of this, you grant to Pritchett and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Web site or any e-mail or other materials or Information sent by you to Pritchett and to incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed.
Linking
You may not use any of Pritchett's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Pritchett; 2) cause confusion, mistake, or deception; 3) dilute Pritchett's trademarks or service marks; or 4) otherwise violate state or federal law. In addition, you may only link to the home page of the Web site. Requests regarding use of the content for any purpose other than personal, non-commercial use should be directed to webmaster@pritchettnet.com.
As a convenience to you, Pritchett may provide, on this site, links to Web sites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Pritchett makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Pritchett or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Pritchett or any of its affiliates or subsidiaries.
Modification
Pritchett reserves the right to modify the terms and conditions of this Agreement. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Web site. All such modifications will be displayed online, and this display will constitute effective notice under this Agreement on the day Pritchett places them on the Web site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Delays in Services
Neither Pritchett nor any of its licensors (including its subsidiaries and their officers, employees, affiliates, agents or representatives) is liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. Pritchett has no responsibility to provide you access to the Web site while interruption of the Web site results from any cause of this nature.
Termination
Termination or cancellation of this Agreement will not effect any right or relief to which Pritchett may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Pritchett. This Agreement and the license rights it grants will remain in full force and effect unless terminated or canceled for any of the following reasons; 1) upon thirty (30) days written notice by either party of its intent to terminate this Agreement; 2) immediately by Pritchett for any unauthorized access or use by you; 3) immediately by Pritchett if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 4) immediately, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Web site; 5) immediately, if you transmit or receive any Information using the Web site (or cause the same) in violation of this Agreement (Pritchett, at its sole discretion, will determine whether any information transmitted or received violates this provision); or 6) immediately, if you violate any of the other terms and conditions of this Agreement.
Monitoring
You acknowledge that Pritchett reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the Web site. Pritchett, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Pritchett deems inappropriate or that violates any term or condition of this Agreement. During monitoring, Information may be examined, recorded, copied, and used for authorized purposes. Use of the Web site, authorized or unauthorized, constitutes consent to such monitoring.
Limited Warranty
You acknowledge that some of the Information and links provided through the Web site are compiled from sources which are beyond the control of Pritchett. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur, and that Pritchett and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PRITCHETT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, PRITCHETT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEB SITE OR INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. UNDER THIS AGREEMENT, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE WEB SITE AND INFORMATION, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD PRITCHETT HARMLESS), BY WHATEVER MEANS YOU CHOOSE AS MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web site and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. YOU AGREE THAT PRITCHETT AND ITS LICENSORS (INCLUDING ITS SUBSIDIARIES AND THEIR OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR REPRESENTATIVES) WILL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE AND INFORMATION FOR ANY PURPOSE WHATSOEVER.
Indemnification
YOU WILL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS PRITCHETT, ITS LICENSORS AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "PRITCHETT PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE WEB SITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE PRITCHETT PARTIES.
No Conflicting Terms
If there is any conflict between this Agreement and any help text, manuals, or other documents, this Agreement will govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any member of the Pritchett Parties.
Attorney's Fees
If Pritchett takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Pritchett is entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue
This Agreement is governed by the laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Web site or Information contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Dallas, Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
Severability
Whenever possible, each provision of this Agreement will be interpreted in such manner effective and valid under applicable law, but if any provision of this Agreement is prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
U.S. Government Restricted Rights
The Information on this Web site is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Pritchett?s proprietary rights in them.
Copyright, Patent and Trademark Notice
Copyright © 2004 Pritchett, LP. All rights reserved. Unless otherwise noted, the Web site and all Information, including images, illustrations, designs, icons, maps, photographs, video and audio clips, and written and other materials that appear as part of this site, are the valuable, exclusive property of Pritchett or its licensors and nothing in this Agreement may be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Pritchett' prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. Pritchett, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Pritchett, LP and all other product names and company logos mentioned on the Web site or Information are trademarks of their respective owners.
Assignments
You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Pritchett. Any assignment by you other than as provided for in this Section will be null and void.
Entire Agreement
This Agreement is complete and effective at the time you agree to it by accessing or using the Web site or information. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Pritchett.
