Assumption of Risk
YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT Pinkerton DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.
THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. NEITHER Pinkerton NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER Pinkerton NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER Pinkerton NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES OR SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
Limitation of Liability
IN NO EVENT WILL Pinkerton, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS AGREEMENT AND Pinkerton WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:
Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
Harass others by "mail-bombing" or "news-bombing";
Threaten, harass, defame, embarrass or distress any other person or group;
Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
Post, send or relay any unsolicited advertising;
Post or send any chain letters or pyramid schemes;
Post or send any fraudulent or misleading offers of products, items, loans, or other services;
Post any misleading, inaccurate or fraudulent information;
Post any junk emails;
Post any duplicative or unsolicited messages;
Harvest or otherwise collect information about others, including email addresses, without their consent;
Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.
Software. You acknowledge and agree that the Service and any Pinkerton software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Pinkerton grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer solely for the purpose of accessing the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Pinkerton for use in accessing the Service.
Trademarks. The trademarks appearing on the Site, including those of Pinkerton are the property of their respective owners. Pinkerton's trademarks may be used only with the express written permission of Pinkerton. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by Pinkerton or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by Pinkerton Other product and company names mentioned on the Site may be the trademarks of their respective owners.
Copyright. All materials on the Site, including materials provided as part of Pinkerton University are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Services, Pinkerton's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Pinkerton's express written permission. All rights not expressly granted herein are reserved by Pinkerton.
General. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in this Agreement are reserved to Pinkerton. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
You agree to indemnify, defend at your expense and hold harmless Pinkerton, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay either to Pinkerton or by use of the Services or the Site, (iii) your violation of this Agreement, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.