TERMS AND CONDITIONS OF USE
THIS IS THE AGREEMENT GOVERNING THE USE BY YOU ("USER") OF THIS WEBSITE, ANY
AND ALL REPORTS PURCHASED BY YOU FROM THIS WEBSITE, AND THE OWNER'S
RESPONSIBILITIES TO YOU AS A USER OF THIS SITE. PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE FURTHER ACCESSING THIS SITE OR PAYING ANY FEE FOR ANY REPORT
FROM THIS SITE. BY ACCESSING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY IT, AND THAT YOU ARE OF
SUFFICIENT AGE AND CAPACITY TO BE SO BOUND.
This constitutes an Agreement made as of the date you first accept these terms
and conditions between you (a "User") and the site's owner, Expo$ure Analysis,
Inc., a Florida corporation and the owner of the tradename
p2K, with its address as stated below. References in this Agreement
to "p2K" refers to Expo$ure Analysis,
Inc. and to this website, as the context may require. References to "you" or
"User" refers to the person accessing this website.
1. License: This website has been developed to enable Users to generate reports
(“Reports”) for the personal use of Users and their clients.
p2K hereby grants you a non-exclusive and non-transferable license
to access this website for purposes of providing
p2K with information to be utilized by
p2K to prepare the Reports. By accessing this site, you warrant to
p2K that any information provided to this site shall not contain any
viruses or other programming routines that are intended to damage any system,
data or personal information.
2. Access to Site: You shall provide p2K
with the information, data and other material requested by this site in order
to prepare any requested Report. You understand that, in preparing each Report,
p2K will use and rely solely on the data furnished to it by you.
p2K’s sole responsibility shall be to prepare the Report, and make
it available on this website to Users.
3. Fee: For each Report, you shall pay p2K
its fee for processing your information and preparation of the Report. This fee
4. Ownership and Title: Ownership of this website, including all information
contained herein, all computer systems, software, programming, database design
and communication equipment used in the site and in providing the User
interface to the site, all trademarks, trade names, service marks, patents,
copyrights, trademarks and trade secrets used in connection with this site, and
all addresses and domains of p2K (and
related tradenames, including p and
PIE) and Expo$ure Analysis, Inc., used, stored or transmitted through the site
(all, the "Content") is the exclusive property of
p2K and Expo$ure Analysis, Inc. You agree not to copy or download
any Content other than the specific Reports you have requested and paid for.
You acknowledge that the Content is protected under laws, including (without
limitation) United States of America and international copyright laws and
treaties. You shall not contest or aid in contesting the ownership or validity
of the copyrights, trademarks, service marks and trade secrets (as applicable)
of p2K or Expo$ure Analysis, Inc.
utilized or referred to in the Content.
5. Use of Information: p2K will use
any User materials, information, ideas, concepts, or techniques submitted by
you only as needed to process payment (i.e., credit card and billing
information is shared with p2K’s
processor for authorization). p2K’s
Privacy Statement, posted on its website, as modified from time to time, is
incorporated in and made a part of this agreement.
6. Disclaimer of Warranties: You hereby acknowledge and agree that
p2K, Expo$ure Analysis, Inc., and all of their respective officers,
employees, agents, directors and independent contractors) has not made or
granted to you any express warranties concerning any Report or operation of
this website, and you waive any and all claims of warranty based on this
website and any Reports secured from this website. No opinion, expressed or
implied, has been rendered by p2K or
its attorneys as to the legal effect or sufficiency of any Report. ALL REPORTS
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND. p2K, TO THE FULLEST EXTENT
PERMITTED BY LAW, HEREBY DISCLAIMS AND YOU HEREBY WAIVE ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND ALL WARRANTIES OF MERCHANTABILITY.
p2K DOES NOT WARRANT AND YOU HEREBY WAIVE ANY WARRANTY THAT USE OF
OR ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
p2K DOES NOT MAKE ANY WARRANTY AND YOU HEREBY WAIVE ANY AND ALL
WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THIS WEBSITE OR AS TO THE
ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THIS WEBSITE AND ANY
REPORT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND OF THIS
WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE
RESTRICTIONS, TERMS, CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS
AND CODES OF CONDUCT GOVERNING THE INTERNET AND THIS SITE.
7. No liability. p2K AND EXPO$URE
ANALYSIS, INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL
OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE USE,
PERFORMANCE OR OPERATION OF THIS WEBSITE, THE INTERNET AND/OR ANY INTERNET
SERVICE PROVIDER, OR YOUR USE OF ANY REPORT, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER p2K HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY
8. Links: You acknowledge that this website may contain links to third party
websites which are provided solely as a convenience to User and do not
constitute an endorsement by p2K of
such sites and the third party content therein.
9. This agreement and your use of the p2K
website shall be governed by the laws of the State of Florida. Venue of any
action shall be Jacksonville, Florida.
EXPO$URE ANALYSIS, INC./ p2K
P.O. Box 47530
Jacksonville, FL 32247-7530
Phone (904) 384-8878 FAX (904) 384-8588