Peterson Institute of Technology Terms of Use

The Agreement was last updated May 11, 2013

All use of the Peterson Institute of Technology, LLC Online Web pages and any information and content included therein (the "PITECH Site") is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button," and using the PITECH Site, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" or "User" refer to the person who completed the registration process.

Peterson Institute of Technology, LLC ("PITECH") reserves the right to change the terms of this Agreement. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of the PITECH Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

The PITECH Site contains two types of content:

1. The "PITECH Site's Own Content" means information entered into the PITECH Site by employees and authorized representatives of PITECH.

2. "Other Content" means any other information entered into the PITECH Site by Users or other persons.

Use of the PITECH Site

PITECH hereby grants you a non-exclusive, non-transferable license to access and use the PITECH Site for the fees and under the terms described in this Agreement. Only one person at a time may access the PITECH Site using the User's screen name and password without the prior consent of PITECH. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in the PITECH Site for non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that the PITECH Site is the source of the material. For all other hard copy uses, or to buy an e-print or a reprint of a specific article or video appearing on the PITECH Site, please contact John Peterson: (800) 928-5070 email: john@pitechonline.org for information or instructions. Fees are determined by the extent of use. The User may not disseminate any portion of the PITECH Site through electronic means, including mail lists or electronic bulletin boards, without the prior consent of PITECH. Add news from the PITECH Site to your Web site for FREE with our headline feed by visiting http://construction.com/NewsCenter/RSS/default.asp. Obtain consent for special arrangements regarding electronic distribution by contacting John Peterson: (800) 928-5070 email: john@pitechonline.org .

Except as expressly permitted in this Agreement, the PITECH Site may not be reproduced, transmitted, or distributed without PITECH's prior written permission. The User may not commingle any portion of the PITECH Site with any other information and shall not edit, modify, or alter any portion of the PITECH Site. All of the PITECH Site's Own Content is either the property of Peterson Institute of Technology, LLC. Peterson Institute of Technology, LLC and its licensors retain all proprietary rights to the PITECH Site's Own Content. The User shall honor all reasonable requests by PITECH or its affiliates to protect Peterson Institute of Technology, LLC's and its licensors' proprietary interests in the PITECH Site.

In addition, User may not:

1. use the PITECH Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the PITECH Site, any data or content found on or accessed through the PITECH Site, or any other the PITECH Site information without prior express written consent of PITECH;

3. obtain or attempt to obtain through any means any materials or information on the PITECH Site that has not been intentionally made publicly available either by public display on the PITECH Site or through accessibility by a visible link on the PITECH Site;

4. violate any measure employed to limit or prevent access to the PITECH Site or its content;

5. violate the security of the PITECH Site or attempt to gain unauthorized access to the PITECH Site, data, materials, information, computer systems or networks connected to any server associated with the PITECH Site, through hacking, password mining or any other means;

6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;

7. interfere with, attempt to interfere with or otherwise disrupt the proper working of the PITECH Site, any activities conducted on or through the PITECH Site or any servers or networks connected to the PITECH Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the PITECH Site;

8. take or attempt any action that, in the sole discretion of the PITECH Site, imposes or may impose an unreasonable or disproportionately large load or burden on the PITECH Site or the infrastructure of the PITECH Site.

9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;

10. disobey any requirements, procedures, policies or regulations of networks connected to the PITECH Site;

11. use the PITECH Site to stalk or harass another.

The User's Content

The User grants to Peterson Institute of Technology, LLC the non-exclusive right to use all material entered into the PITECH Site by the User (other than third-party material transmitted through private electronic mail) in any of Peterson Institute of Technology, LLC 's print or electronic publications.

Users entering material into the PITECH Site are responsible for the content of that material. Peterson Institute of Technology, LLC has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the PITECH Site. However, PITECH retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which PITECH deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.

You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through the PITECH Site that:

1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of PITECH, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;

2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4. infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;

5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

6. is harmful to minors.

If you see any violations of these terms and conditions on the PITECH Site, please email us at contact@pitechonline.org

The User agrees to indemnify Peterson Institute of Technology, LLC from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Peterson Institute of Technology, LLC and its employees and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the PITECH Site with the use of the User's screen name or password. PITECH reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Peterson Institute of Technology, LLC in which event the User shall have no further obligation to indemnify with respect to that particular matter.

NO WARRANTIES/LIMITATIONS ON LIABILITY

Peterson Institute of Technology, LLC MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE PITECH SITE, THE PITECH SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE PITECH SITE. Peterson Institute of Technology, LLC SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL Peterson Institute of Technology, LLC OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE PITECH SITE. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST Peterson Institute of Technology, LLC OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE PITECH SITE SHALL NOT EXCEED $100.

Registration

As part of the registration process, you must select a screen name and password and provide PITECH with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.

Term and Termination

This Agreement will continue until terminated by either PITECH or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate.

PITECH may discontinue or change the PITECH Site, or its availability to you, at any time.

Fees & Payments

From time to time, PITECH makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of Peterson Institute of Technology, LLC Master Agreement ("Master Agreement"). The provision and use of such products and services shall be subject to and governed by the Master Agreement.

General

This Agreement, together with the Master Agreement (if applicable), constitutes the entire agreement between the parties relating to the PITECH Site and supersedes any and all other agreements, oral or in writing, with respect to the PITECH Site. In the event of a conflict between the terms and conditions of this Agreement and those of the Master Agreement, the terms and conditions of the Master Agreement shall govern and control. The failure of PITECH to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.