Terms of use

Last revised: 05/27/2024

 

AGREEMENT TO TERMS    

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PSignite Group, Inc., (“we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are incorporated in the State of Delaware and have our registered office at 4851 Tamiami Trail N, Naples, Florida 34103. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. When we post modifications to the Terms of Use, we will update the “Last updated” date set forth above. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations, or which would subject us to any local registration requirements. If you choose to access the Site from other locations, you do so on your own initiative, and you are solely responsible for compliance with applicable local laws.

The Site is not tailored to comply with industry-specific regulations (e.g. Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If you are subject to such laws, you should not use this Site. Further, do not use the Site in any way that could violate the Gramm- Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all content on the Site, including without limitation, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and related trademarks, service marks, and logos contained therein (the “Marks”) are owned, controlled by or licensed to us, and are protected by copyright, trademark and various other intellectual property laws, unfair competition laws of the United States, international copyright laws, and international conventions. 

Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed (including "mirroring") or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.

Provided that you are eligible to use the Site, you may access and use the Site, and download or print a copy of any Content to which you have properly gained access, solely for your personal, non-commercial use. Do not modify or remove any proprietary notices from copies that you download or print, do not modify the Content, and do not make any additional representations or warranties with respect to the Content.  We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are at least 18 years old; (3) you will not access the Site through automated or non-human means, whether through a bot, script or other AI methods; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information to us that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than as permitted above. Do not use the Site for any commercial purpose without our prior written consent.

In connection with your use of the Site, you will not (and will not allow your users or any third party to):

  • Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm us and/or the Site (in our sole opinion).
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated (including AI) use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing you access to the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to any portion of the Site.
  • Copy or adapt the Site’s software.
  • Except as permitted by applicable law, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated (including AI) system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

SUBMISSIONS

You may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Submissions"). Submissions may be viewable by other users of the Site and through third-party websites. When you create or make available any Submissions, you represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Submissions do not and will not infringe the proprietary rights (including, without limitation, the copyright, patent, trademark, trade secret, or moral rights) of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Submissions in any manner contemplated by the Site and these Terms of Use.
  • You have obtained each person's individual written consent, release, and/or permission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Submissions in any manner contemplated by the Site and these Terms of Use.
  • Your Submissions are not false, inaccurate, or misleading.
  • Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Submissions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (in our sole judgment).
  • Your Submissions do not ridicule, mock, disparage, intimidate, or abuse any other person.
  • Your Submissions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Submissions do not violate any applicable law, regulation, or rule.
  • Your Submissions do not violate the privacy or publicity rights of any third party.
  • Your Submissions do not violate any applicable law intended to protect the health or well-being of minors, including child pornography.
  • Your Submissions do not include any offensive comments relating to race, national origin, gender, sexual preference, or physical handicap.
  • Your Submissions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your rights to use the Site.

You agree that we may access, store, process, and freely use any Submissions, information and personal data that you provide to the Site, in accordance with the terms of our Privacy Policy, available for review at https://www.cpgvision.com/privacy-policy.

We do not assert any ownership over your Submissions. You retain full ownership of your Submissions and any associated proprietary rights. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Submissions in any medium. We are and will be under no obligation (1) to maintain Submissions in confidence; (2) to pay compensation for Submissions; or (3) to respond to Submissions. We have the right but not the obligation to monitor and edit or remove any Submissions. You may not repost, republish, or redistribute Submissions outside of the Site.

You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You agree to disclose if you received compensation or other incentive of any kind, from any source, in exchange for posting Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assumes no liability for any Submissions posted by you or any third party.

 

FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Feedback") provided by you to us shall become our sole property. You hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction. You hereby warrant that any and all such Feedback  originates with you, or that you have the right to submit such Feedback.

By submitting Submissions or Feedback to the Site, you agree that we can freely use and share such feedback for any purpose without compensation to you.

 

U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202 3. In addition, DFARS 252.227 7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

The Site may contain links to other websites that are not under our control.  We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site, and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

 

TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

You may stop using the Site at any time. We may deny you access to the Site, if in our sole judgment you fail to comply with these Terms of Use.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, discontinue or remove the Content or functionality of the Site at any time, for any reason, at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of Delaware.

 

DISPUTE RESOLUTION

Except as expressly set forth below, in order to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each, a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to review and discuss the Dispute via their respective representatives, to attempt to resolve the Dispute through informal negotiations. If the Dispute cannot be resolved by this method within thirty (30) days), the Parties shall commence the arbitration procedure set forth below.

 

Binding Arbitration

YOU AGREE THAT ANY ARBITRATION UNDER THE AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO SUE IN COURT AND PARTICIPATE IN A CLASS ACTION.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available for review at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of the Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing: (1) nothing in the Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you, and (2) any party may seek injunctive relief in any court of competent jurisdiction.  

 

Restrictions on Arbitration

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

Notwithstanding anything to the contrary herein, the Parties agree that the following categories of Disputes ("Exceptional Disputes") shall not be subject to the above provisions: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Any Exceptional Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and each of us hereby waives any objection that we may have to the venue of any such suit, action, or proceeding.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice to you.

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  THE INFORMATION PROVIDED ON THE SITE DOES NOT, AND IT NOT INTENDED TO CONSTITUTE RECOMMENDATIONS, ENDORSEMENTS OR ADVICE.  ALL CONTENT, INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. WE WILL NOT BE DIRECTLY OR INDIRECTLY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TRADING, INVESTMENT, COMMERCIAL OR OTHER DECISIONS BASED ON OR MADE IN RELIANCE ON THE CONTENT OR THE SITE. 

 

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

PERSONAL DATA

Your submission of personal information through the Site is governed by our privacy policy, which is available for review at https://www.cpgvision.com/privacy-policy (the “Privacy Policy”). These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy. Current security and data protection practices are set forth at https://www.cpgvision.com/security-psignite (the “Security Statement”).

We prioritize the security of your personal information and strive to maintain the highest standards of data protection. All data is encrypted using industry-standard protocols. In the event of a data breach, we will notify affected users promptly and take necessary actions to mitigate the impact.

 

CONFIDENTIALITY

If the parties have a separate mutual nondisclosure agreement, that agreement will control. Otherwise, as used herein, the “Confidential Information” of a Party (the “Disclosing Party”) means all financial, technical, or business information of the Disclosing Party that the Disclosing Party designates as confidential at the time of disclosure to the other Party (the “Receiving Party”) or that the Receiving Party reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. Except as expressly permitted, the Receiving Party will not disclose, duplicate, publish, transfer, or otherwise make available Confidential Information of the Disclosing Party in any form to any person or entity without the Disclosing Party’s prior written consent.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, will satisfy any legal requirement that such communication be in writing. 

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. 

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at customersolutions@psignite.com. Questions regarding Terms of Use should be directed here or by mail to:

 

PSignite Group Inc.
Attn: Legal Dept,
4851 Tamiami Trail N
Naples, FL 34103