These terms were last updated on January 6, 2009
Presilient, LLC Terms of Use & Privacy Policy
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY ACCESSING THIS WEB SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEB SITE.
Introduction
This website (the "Website") is operated by Presilient, LLC. (“Presilient” or “Company”) and includes all subsidiaries –Presilient of California, Inc, ManagedStorage International, Inc,. dba Presilient of Colorado, Presilient of the Northwest, LLC, Presilient International, LLC, Network System Technologies, LLC, dba Presilient of Illinois, and Sales Strategies, LLC, dba Presilient . The Terms of Use set forth below constitute a contract binding on all users of this Website. By directing your browser to this Website or otherwise accessing, using, framing or linking to the pages of this Website, you acknowledge that you have read, understand and accept these Terms of Use. Presilient may change the Terms of Use at any time at its sole discretion. Presilient reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that Presilient determines has violated any aspect of these Terms of Use. Presilient reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Presilient.
Disclosure: Forward-Looking Statements
The Website contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which reflect Presilient's current views with respect to future events and financial performance. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents Presilient files from time to time with the Securities and Exchange Commission; specifically, the most recent Presilient Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, Presilient's limited operating history and experience in the data and technology business, Presilient's ability to attract significant additional financing, and risks associated with expansion; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in its markets. Additional risk factors are set forth in Presilient's reports and documents filed with the Securities and Exchange Commission. Although such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. Presilient makes no representations regarding such projections and statements, and disclaims all express, implied, and statutory warranties of any kind relating thereto, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Presilient assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Website. Presilient shall not be liable for any errors or delays in the delivery of such information provided through the Website or for any actions taken in reliance thereon.
Access and Proprietary Rights
So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about Presilient, its subsidiaries, or its products and services, or to otherwise communicate with Presilient or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Presilient or third parties which is prohibited by law and could result in substantial civil and criminal penalties. ManagedStorage Internationaltm, ManagedStoragetm, GridWorkstm, GridWatchtm, RemoteStortm, STAR Solutions, Network System Technologies, Sales Strategies and other identifying marks of Presilient are trademark(s) and/or service mark(s) of the Company. Unauthorized use of any Company trademarks, service marks or logos may be a violation of federal and state trademark laws. You may not use these marks for any purpose without the express prior written consent of Presilient. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of Presilient or any third party.
In certain instances, Presilient may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability. Presilient may reproduce, publish and otherwise use communications you send to or receive from Presilient by electronic mail or other means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the purpose of developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby grant to Presilient a perpetual, non-exclusive, world-wide, sublicensable, royalty-free and fully paid license to (i) use, and to make, offer for sale, sell, import and use products and services covered by, such intellectual property rights, and (ii) use (subject to the provisions of Presilient's privacy policy for this Website) any personal data you provide to Presilient, for any lawful purpose.
Links
This Website may contain links to other websites that are not operated or controlled by Presilient. Use of these links to access other Internet sites is at your own risk. Presilient is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Presilient establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.
Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company's linking policy as follows: (i) any link to the Company's Web Site must be a text only link clearly marked, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Company's names and trademarks, (iii) the link must “point” to the home page URL of the Web Site and not to other pages within the Company Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, (v) when selected by a user, the link must display the Company Web Site on full-screen and not within a “frame” on the linking Web Site, and (vi) Company reserves the right to revoke its consent to the link at any time and in its sole discretion.
Notices and Disclaimers
THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT Presilient'S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES. The products and services mentioned or promoted on the Website, including password-protected information relating thereto may be changed by Presilient at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. Presilient's provision of any such information is not intended to constitute an endorsement or recommendation, by Presilient, of such products or services. USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND. Presilient DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND/OR SERVICES PURCHASED BY OR PROVIDED TO USERS OF THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE). Presilient EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL Presilient BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE TO THIS WEBSITE. Presilient SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE AND THE USE OR INABILITY TO USE THIS WEBSITE, EVEN IF Presilient HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT Presilient CORRECT THE MATTER OR, IF Presilient FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE AT YOUR OPTION.
Laws and Regulations
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. The Company makes no representation that the information in the Web Site is appropriate or available for use in other locations, and access to the Web Site from territories where the content of the Web Site may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to this Agreement shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Denver County, Colorado, necessary to protect the rights or property of you or the Company pending the completion of arbitration.
If any of the provisions of these Terms of Use are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these Terms of Use.
Privacy Policy
Presilient is the owner and operator of the www.Presilient.com; www.msiservice.com; www.star-solutions.com; http://www.pwi.com websites (the "Websites"). Presilient has created this privacy policy in order to demonstrate our firm commitment to privacy and to establish certain guidelines for your use of the Websites. The following discloses our information gathering and dissemination practices for the Websites. Your IP address is a series of numbers used to identify and differentiate your computer from among all the computers using the Internet. We use your IP address to help diagnose problems with our server, and to administer the Websites. Your IP address is used to help identify you and to gather broad demographic information that is anonymous in nature and is not associated with particular individuals. The Websites contain links to other websites. Presilient is not responsible for the privacy practices or the content of such websites. You should appreciate that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See Presilient's Privacy Policy for more information regarding privacy. Presilient's privacy policy is incorporated into and a part of these Terms of Use.
Security and Identity
The Websites have security measures in place to protect against the loss, misuse and alteration of the information under our control; however, all security is subject to possible circumvention, and we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us. You are responsible for maintaining the confidentiality of your registration number and password, and you are responsible for all uses of your registration number or password, and any and all related charges, whether or not authorized by you.
Third Party Advertising
We may use various third-party advertising companies to display ads or otherwise promote their products when you visit the Websites. These companies may use anonymous information (not including your name, address, email address or telephone number) about your visits to the Websites (and web sites operated by others) in order to provide advertisements on the Websites about goods and services that may be of interest to you.
Cookies
We may place or recognize a unique "cookie" on your browser. Cookies are small files placed on the hard drives of visitors to the Websites. The cookies reflect identifying information about each user and retain certain non-identifying information about the user's use of the Websites. These cookies are accessible to Presilient and its third party advertisers as users browse the Websites. Most Internet browsers are initially set to accept cookies. Users are always free to decline cookies if their browser permits; however, it is possible that some parts of the Websites, such as the areas where access is limited to registered users, will not function properly if the user's cookies are disabled. You may occasionally receive cookies from our advertisers or business partners who offer services through, or advertise on, the Websites. We do not control these cookies, and these cookies are not subject to our privacy policies.
Choice/Opt-Out
We provide users the opportunity to opt-out of receiving certain types of advertising as well as communications from our partners.
Archiving and Preservation of Information
We archive all information, including personal information, you provide in the course of using the Matching Service and any other aspects of the Websites. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship. Archived information will not ordinarily be erased unless and until your entire account with any of the Presilient websites is deleted, and even then we may retain, but will not continue to use for any purpose, some or all of your information on back-up files.
Employment Opportunities
The Company is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.
E-mail
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Modifications
The Company reserves the right to modify the Web Site and the rules and regulations governing its use, at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to the Web Site. The Company may make changes in the products and/or services described in the Web Site at any time.
Violations and Additional Policies
The Company reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Web Site.
If you have any questions about this privacy statement, the practices of the Websites, or your dealings with the Websites, you can contact:
Presilient
12303 Airport Way, Suite 250
Broomfield, CO 80021 U.S.A
Attn: VP, Sales and Marketing
info@Presilient.com