These Terms of Use govern the use of the www.pluviussolutions.com website and any related websites (collectively, “Site”) operated by Pluvius Solutions, Inc. (hereinafter referred to as “We”, “Us” or “Pluvius”).  By using this Site (including, but not limited, to download, install or purchase any product or service), you agree to these Terms of Use.  In addition, if you download, install or purchase any product or service through the Site, you will also be required to agree to, and abide by, the terms of any license and purchase terms applicable to such product or service.

LIMITED LICENSE.  We grant you a limited, revocable and nonexclusive license to access and make personal use of the Site, subject to these Terms of Use.  Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.

The limited license set forth above does not include the right to: (i) modify or download the Site or its Contents (except caching or as necessary to view Content); (ii) make any use of the Site or its Content other than in connection with the evaluation and use of products or services offered through the Site; (iii) create any derivative work based on either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the Site terminates the limited license set forth above without prejudice to any other remedy provided by applicable law.

PROPRIETARY RIGHTS.  All content available on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, video, data compilations and software, and the compilation thereof (the “Content”) is the property of Pluvius and our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered marks of Pluvius, our affiliates, our partners or our licensors, in the United States and in other countries, and are protected by United States and international trademark laws.  All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited license below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purposes without our prior written consent.

You agree not to decompile, reverse engineer, modify or change any part of the Site or any product or service obtained from Pluvius, for the reasons of discovering its internal methods or works. To do so is a violation of copyrights of Pluvius and its suppliers and licensors.

REFUND & RETURN POLICY.  Products and services available from Pluvius and the Site are made available through a limited free trial period and limited license prior to purchase.  You should evaluate the product or service during the trial period.  In order to receive a full license you will be required to purchase a license and obtain a License Key.  All sales of our products are final. No refunds will be issued, guaranteed or promised on any basis. Once we issue a License Key there is no way for us to recall, or rescind a License Key that has already been issued to a customer.

NO DISTRIBUTION.  Products and services offered through the Site may NOT be sold or distributed in any way without prior written consent from Pluvius.

DISCLAIMER AND LIMITATION OF LIABILITY.  THE SITE IS PRESENTED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR ANY PRODUCTS OR SERVICES THAT ARE OFFERED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES, FOR: (I) ANY INTERRUPTION OF BUSINESS, (II) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, (III) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (IV) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE, (V) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES, OR (VI) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

Any third party products or services made available through the Site are subject to end user licenses and terms required by our suppliers and licensors, and are limited to any warranty and liability limitations offered by such supplier or licensor, if any.  Any other products and services available through the Site, including the ROI Calculator or other tool is provided on an "as is" basis and without warranties or guarantees of any kind.  (The ROI Calculator and other sales evaluation tools are provided only to help illustrate product features and benefits, and is based on a number of assumptions and user data input.)

INDEMNIFICATION.  You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand resulting from your use of the Site.  You also agree to indemnify us for any loss, damages or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

PRIVACY AND DISCLOSURE OF INFORMATION.  We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy at www.pluviussolutions.com/privacy.html. If you post any content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you.  By posting any content on the Site, you authorize us to use and allow others to use, distribute, and reproduce the content in accordance with our Privacy Policy.  We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

GENERAL.  These Terms of Use shall be governed in all respects by applicable federal law and the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law.  Foreign laws do not apply.  Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Pluvius may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Pluvius’ 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.

You acknowledge that these Terms of Use, together with our Privacy Policy, constitute the entire understanding and agreement between us with respect to the subject matter hereof, and supersede any prior or contemporaneous understanding whether in written or oral form.

We reserve the right, in our sole discretion to change these  Terms of Use time to time without notice to you.  Your continued use of the Site constitutes your agreement to all such terms and conditions. You can review the most current version of these Terms of Use at any time on the Site.