LEGAL
All
site content/graphics © 2008 PMI LLC
Warranty Disclaimer: You expressly agree that use of the web
site and related services is at your sole risk. The web site,
materials and related services are provided on an "as is"
and "as available" basis. PMI LLC makes
no representations or warranties with regard to the web site
or any materials therein, whether express or implied, arising
by law or otherwise, including, without limitation, any implied
warranty of merchantability, fitness for a particular purpose
or non-infringement or any implied warranty arising out of course
of performance, course of dealing or usage of trade. In addition,
PMI LLC makes no representation that the operation
of the web site will be uninterrupted or error-free. PMI LLC will not be liable for the consequences of any interruptions
or errors on the web site. It is your responsibility to evaluate
the accuracy, completeness or usefulness of any opinion, advice,
information or other content or materials provided in connection
with or otherwise available through the web site. Please seek
the advice of professionals, as appropriate, regarding the evaluation
of any such opinion, advice, information or other content. Under
no circumstance will PMI LLC be liable for any
loss or damage caused by your reliance on information obtained
through the web site, other than as required under applicable
consumer-protection law. Some jurisdictions do not allow the
disclaimer of certain warranties or limitation of certain types
of damages, so some of the above disclaimer may not apply to
you and nothing contained herein should be construed as excluding
or limiting any liability beyond what is permitted under applicable
law.
Limitation of Liability: By availing yourself of the Web site,
Materials or related services, you agree to release and hold
PMI LLC and the employees, officers, directors,
shareholders, agents, representatives of PMI LLC,
its affiliates, subsidiaries, advertising, promotion and fulfillment
agencies, any entity controlling, controlled by or under common
control with PMI LLC, any third-party providers
or sources of information or data and legal advisers (collectively,
"PMI LLC Affiliates") harmless from any
and all losses, damages, rights, claims and actions of any kind
arising from or related to the Web site, Materials or related
services including but not limited to: (a) telephone, electronic,
hardware or software, network, Internet or computer malfunctions,
failures or difficulties of any kind; (b) failed, incomplete,
garbled or delayed computer transmissions; (c) any condition
caused by events beyond the control of PMI LLC
that may cause the Web site or related services to be disrupted
or corrupted; (d) any injuries, losses or damages of any kind
arising in connection with or as a result of your use of the
Web site, Materials or related services; or (e) any printing
or typographical errors in any materials associated with the
Web site, Materials or related services. In addition, you agree
to defend, indemnify and hold PMI LLC Affiliates
harmless from any claim, suit or demand, including reasonable
attorney's fees, made by a third party due to or arising out
of your utilizing the Web site, Materials or related services,
your violation or breach of these Terms and Conditions, your
violation of any rights of a third party, or any other act or
omission by you. IN NO EVENT WILL PMI LLC BE LIABLE
FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT
OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF
PMI LLC WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
General Provisions: You agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside. Your correspondence
or business dealings with, or participation in promotions of
or with parties found on or through the Web site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations applicable
to such dealings, are solely between you and such parties. These
Terms and Conditions are governed in all respects by the laws
of the State of Wisconsin as such laws are applied to agreements
entered into and to be performed entirely within Wisconsin between
Wisconsin residents. Legal proceedings related to the matters
herein shall be brought in and adjudicated solely in the courts
of Wisconsin, United States of America. Both parties consent
to extra-territorial service of process and submit to the jurisdiction
of said courts. If any provision of these Terms and Conditions
is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. PMI
LLC failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or
similar breaches. These Terms and Conditions set forth the entire
understanding and agreement of the parties as to the subject
matter hereof and supersede all prior proposals, discussions
or agreements with respect thereto. A printed version of these
Terms and Conditions and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms and Conditions to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form.