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Terms of Use

Terms of Use for the PDCHQ.com Web Site

Revised 08/05/2010

We hope you find the information on this Web Site (“Site”) useful and informative. By using the Site, you accept and agree to abide by all of these Terms of Use. If you do not accept any of these terms, please do not use the Site.

Ownership

Mesa Shack, LLC (“Mesa Shack” owns the Site and all of its contents, including but not limited to text, graphics, white papers, data sheets and the name “Professional Drinking Companion” (“Content”). Professional Drinking Companion and its visual representation are copyright trademarked by Mesa Shack, LLC. United States copyright and trademark law, and international treaty provisions, protect Mesa Shack’s rights in the Content.

Use

This site is intended for entertainment purposes only. You may access, browse, and use the Site for your own personal non-commercial use, provided that you keep intact all copyright and other proprietary notices and do not modify any Content. You may not, without our express permission, use the Content in any other way for any other purpose, including but not limited to: modifying, uploading, posting, adapting, editing, republishing, displaying, plagiarizing, performing, selling, licensing, creating derivative works of, or transmitting it. If you have any questions about permissible use, please contact us.

Laws and Access

The laws of the Commonwealth of Virginia, excluding its conflict of law rules, shall govern these Terms of Use. The federal and state courts located within Virginia shall have exclusive jurisdiction over any disputes arising out of or relating to your use of the Site or these Terms of Use, and you hereby irrevocably submit to the personal jurisdiction of such courts. If you access the Site from other locations, you are responsible for complying with applicable local laws. We make no representation that the Content is appropriate or available for use in other locations, and access to the Site from jurisdictions where the Content may be illegal is prohibited. We reserve the right in our sole discretion to refuse or terminate access to the Site by you at any time.

Contracts

The Content is provided for information purposes only. It shall not be construed as an invitation to enter into a contract with you.

NO WARRANTIES

THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Mesa Shack DOES NOT WARRANT THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS WHOLLY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Mesa Shack BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHERWISE, THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT, OR ANY LINKS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, RELIANCE, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Mesa Shack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Mesa Shack LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

Submissions of Information

If you submit any personally identifiable information, we will treat such information in accordance with our Privacy Policy. If you submit any other information, including but not limited to copyrightable material, ideas, concepts, know-how, business methods, inventions, discoveries, improvements or techniques (“Intellectual Property”), you thereby grant Mesa Shack a worldwide, nonexclusive, perpetual, royalty-free license (with right to sublicense) to use, modify, publish, display, copy, reproduce, perform publicly, and create derivative works of such Intellectual Property. You may not submit or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, suggestive, inflammatory, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Revisions

We may update the Site, and these Terms of Use, from time to time. By using the Site following such changes, you accept and agree to abide by all such changes.

Trademarks

Mesa Shack and Mesa Shack products and services referred to in the Site are trademarks of Mesa Shack. Other trademarks are the property of their respective owners.

Reservation of Rights

We reserve all rights not expressly granted herein.

Indemnification

You agree to indemnify and hold harmless Mesa Shack, its affiliates, directors, officers, contractors, agents and employees, from and against any claims, actions or demands, including without limitation reasonable attorneys’ fees and legal costs, alleging or resulting from: (i) any content or other material you provide to this Site; (ii) your use of this Site; or (iii) your breach of these Terms of Use. Mesa Shack shall notify you in a timely manner of any such claim, suit, or proceeding.

Privacy Statement for the PDCHQ.com Web Site

Mesa Shack, LLC (“Mesa Shack”) respects your privacy and is sensitive to concerns regarding the collection and use of personal data. In order to provide you with information that is relevant to your needs and to fulfill specific requests on your part, we may occasionally request personal information from you. The information requested and how it is used will vary across our Web site.

Mesa Shack has developed this Privacy Policy to explain why we collect particular information and how we will protect your personal privacy within this Web site (“Site”). The following information summarizes Mesa Shack’s policy relating to the collection and use of information obtained from the Site. By

using this Site, you consent to the collection and use of information about you in the ways described in this Privacy Policy. Mesa Shack reserves the right to change its Privacy Policy at any time by posting the new privacy statement at this Web site’s home page. By using the Site subsequent to such changes, you consent to them. The last date the Privacy Policy was revised is set forth above.

Collection and Use of Personal Information

Mesa Shack will only collect contact and other personally identifying information, such as your name, address, phone number and e-mail address (“Personal Information”), when voluntarily submitted by you, such as when you contact us or complete an online form or request. If you do not want us to collect any Personal Information, do not submit it to us.

Except as described in this Privacy Policy, we will not sell, rent or disclose your Personal Information to our business partners, suppliers, vendors or other third parties without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. Mesa Shack reserves the right to disclose your Personal Information to its successors-in-interest or in connection with a merger or acquisition transaction or change of control or when required by law or necessary to protect the rights, property or personal safety of Mesa Shack, its customers and/or the public.

Collection and Use of Non-Personal Information

Demographic and profile data (e.g. job title, corporate function) may be collected at our Site. In addition, when you access the Site, our Web server may automatically collect certain information that is not personally identifiable, such as your IP address, pages viewed, length of time spent on the Site and other transactions performed on the Site. We store and use the foregoing information, in the aggregate only, to diagnose problems with our server, to improve and track the success of the Site and to provide content of interest to you. We may share the foregoing information with advertisers or other third parties, including our business partners, suppliers, and vendors, on an aggregated basis without revealing any personally identifiable information.

Use of Cookies

Our Site may use cookies to enhance your experience while using our Site. Cookies are small electronic files that a Web site may transfer to the user’s computer and which are used for record-keeping purposes. Use of cookies makes Web-surfing easier for you by performing certain functions, such as saving your passwords or your personal preferences regarding your use of the particular Web site. Many consider the use of cookies to be an industry standard.

Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site will not function properly when you view them.

External or Third Party web sites

To the extent hyperlinks are utilized to access external or third party sites, you should be aware that these external or third party sites are not controlled by Mesa Shack and, therefore, are not subject to this Privacy Policy. Mesa Shack suggests that you check the privacy policies of these sites to determine how your personal information will be utilized by the proprietors of those third party sites.

Information Security

This Site has industry standard security measures in place to protect against the loss, misuse and alteration of the information under Mesa Shack ‘s control. All customer information collected by Mesa Shack through the Site will be protected by an industry standard encryption scheme. All information, once received, is stored behind our corporate firewall. However, although Mesa Shack has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted via the Internet cannot be guaranteed. Accordingly, you should consider carefully if you want to submit sensitive information via the Internet.

Access by Minors

This Site is not intended for individuals under the age of twenty-one (21). Accordingly, Mesa Shack will not knowingly collect or use information from anyone under that age. Those under 21 should not submit any personal information without the permission of their parents or guardians.

Contact

If you have any questions about these Terms of Use or the Privacy Policy, please feel free to contact us at any time.

E-mail: pdc@pdchq.com.

 

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