We understand that providing personal information online involves a great deal of trust on your part; we take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personally identifiable information (“personal information”) you provide us.
INFORMATION WE COLLECT ABOUT YOU
- Information You Provide to Us
- When you access our Site, you may provide us with information, such as your full name, email address, telephone number and any other information you choose to submit to us whenever you contact us through the Site (including to submit a possible joint venture idea, question, comment, suggestion or any other information). We collect and store this personal information.
- Other Information We Collect About You
- Some information may be collected automatically every time you visit our Site. This information is described below.
- Cookies and Other Web Technologies
- Computer Information
- We may collect certain technical information from your computer each time you request a page during a visit to our Site. This information is collected from your computer's Web browser and may include your IP address, operating system, web browser software (e.g., Google Chrome or Internet Explorer), screen resolution, internet service provider, clickstream data, date/time stamp, and referring/exiting web sites. Wireless users (if you are using your cellular phone to access the Internet) should check with their wireless company to understand whether personal information may be used to identify them.
HOW WE USE YOUR INFORMATION
Information collected by us may be used to:
- • Evaluate an idea or other information that you submit to us
- • Provide you with information you request
- • Send email notifications for special promotions
- • Respond to your questions, comments or suggestions
- • Improve the quality of your visit to our Site
- Idea Evaluation
- We may use your name, email address and/or telephone number to respond when you submit an idea, question, comment, suggestion or other information to us.
- Improving the Quality of Your Visit to Our Site
When you browse the Site, you do so anonymously. Personal information is not collected. The Site may track information about visits to the Site. For example, statistics are compiled that show the daily number of visitors to the Site, the daily requests received for particular files on a Site, and what countries those requests come from. These aggregated statistics are used to customize our Site to better meet your needs and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.
We may collect information about your computer (other than your name, address, email address, or telephone number) through your cookie file for the purpose of assessing the effectiveness of Site content and traffic. This data allows us to improve the quality of your visit by streamlining your ability to navigate the Site and develop featured programs and content that will be of interest to our Site visitors. In addition, we use information collected from your computer, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site, and to gather demographic information about our user base as a whole.
SHARING OF YOUR INFORMATION
- Pearl does not sell or rent your personal information to anyone.
- Corporate Affiliates
We may share your personal information among our subsidiary and affiliated organizations, but the information will be used by them for internal purposes only.
OUR LEGAL OBLIGATIONS
OTHER WEB SITES
There may be places throughout our Site that may link you to other web sites that do not operate under our information privacy practices. When you click through to these web sites, our information privacy practices no longer apply, and we are not responsible for use or disclosure of information obtained from you through such web sites. We recommend that you examine the privacy statements for all third party web sites to understand their procedures for collecting, using, and disclosing your information.
CHANGE OF PERSONAL INFORMATION
Upon your request, we will change your information in our active databases. To make this request, you may send an email to email@example.com. Such information will be changed as soon as reasonably possible in accordance with our change policy and applicable law.
RETENTION OF PERSONAL INFORMATION
Upon your request, we will deactivate your information from our active databases. To make this request, you may send an email to firstname.lastname@example.org. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.
PROTECTING YOUR INFORMATION
We use industry standard practices to safeguard the confidentiality of your personal information, including “firewalls” and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside our company. However, “perfect security” does not exist on the Internet, and we will not be responsible or liable for unauthorized access to or use of any personal information, except as may be required otherwise by applicable law.
Use of this Site, the Site Content, and the Services is only available to persons who are residents of the U.S.A. or Canada and are located in the U.S.A. or Canada.
1. NO REPRESENTATIONS OR WARRANTIES
With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, modify the Services or any portion thereof and/or establish various practices, limitations and restrictions for administering such Services, and you agree to be bound by such modifications and practices.
The Site, the Site Content, and the Services could include inaccuracies, typographical errors or other errors. We are not responsible or liable for any such inaccuracies or errors in this Site, the Services, or the Site Content. We also make no commitment to update what is contained in this Site, the Services, or the Site Content. Furthermore, we reserve the right to temporarily or permanently modify, alter, discontinue or delete the same or any portion of the same without prior notice.
You should not rely upon opinions expressed on or information or data contained in this Site or the Site Content when making investment, business, financial, personal or other decisions. Furthermore, we do not endorse, nor are we responsible or liable for, the opinions of third parties expressed on this Site, in the Site Content, or on linked websites.
We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of the Site, the Site Content, and the Services and to protect ourselves and others. We also reserve the right to temporarily or permanently modify, alter, discontinue or delete the Site or any of the Site Content or Services at any time without prior notice.
Consequently, and without limiting the foregoing,
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR THE SERVICES OR THE SITE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, THE SITE, AND THE SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES OR THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.
2. MOBILE SERVICES
The Services may include certain services that are available via your mobile phone, including the ability to browse the Site from your mobile phone (the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply to your use of the Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.
3. USER WARNINGS / USER CONDUCT
In consideration for our providing this Site, the Services, and the Site Content, when using this Site, the Services, or the Site Content you also agree not to:
- b. harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any individual or entity;
- c. post, publish, upload, distribute, or transmit any commercial, advertising or promotional materials, including without limitation, “spam,” chain letters, pyramid schemes, surveys, contests, or mass distributions;
- d. at any time: (i) provide false information on any webpage, form or other document on this Site that requests information from or about you; (ii) fail to promptly notify us of any inaccuracy in any of your information on any webpage, form or other document on this Site that presents information related to you; (iii) create a false identity; or (iv) impersonate another person;
- e. post, publish, upload, distribute, or transmit defamatory, false, inappropriate, improper, disorderly or excessive messages or information;
- f. post, publish, upload, distribute, transmit or submit any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;
- g. attempt to gain unauthorized access to any Services, Site Content, or related computer systems or networks through hacking, password mining, or any other means;
- h. restrict or inhibit any other person or entity from using this Site, the Services, or the Site Content, or use this Site, the Services, or the Site Content in a manner that overburdens or impairs our server or network;
- i. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or the Site Content or other user or usage information or any portion thereof;
- j. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- k. create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers;
- l. link directly or indirectly to or include any web site or other item that you do not have a right to link to or include; or
- m. perform meta-searches of the Site or send automated queries to the Site or use any robot, spider, scraper, or other automated means to access the Site, the Services, the Site Content, or any part of any of them.
In addition, you are prohibited from violating or attempting to violate any security features of the Site, the Services, or the Site Content, including, without limitation, (1) accessing content or data (including Site Content) or any portion of the Site not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services, the Site, the Site Content, or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (4) using the Site or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services or the Site Content; or (6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site, the Services, or the Site Content. Any violation of system or network security may subject you to civil and/or criminal liability.
If you violate such terms, we may, without prior notice and without liability to us, ban you from this Site, the Site Content, and any and all Services and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Site, the Services, and/or the Site Content at any time, without notice, for any reason.
With reference to any Services and Site Content we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services and Site Content, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of the Site, the Services, or the Site Content.
4. WEB SITE LINKS AND THIRD-PARTY SITES
This Site may contain links to other web sites that are independent of this Site. We provide these links solely as a convenience. By clicking on a link to an independent web site, you are leaving this Site and going to another web site that may not be under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site.
YOU HEREBY AGREE TO RELEASE US, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND CONSULTANTS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL WEB SITES LINKED TO THIS SITE.
6. SUBMISSION OF IDEAS FOR JOINT DEVELOPMENT
We welcome you to submit ideas, inventions and other proposals you may have if you think that they may be of interest to us. We appreciate receiving all such ideas, inventions and other proposals.
We are continually evaluating innovative ideas produced by our own staff, as well as those submitted by other parties. These ideas are typically kept secret from the public until they are ready for public disclosure, which may be an extended period of time after we first begin working on the idea.
Therefore, we may already know of or have access to your idea, or a similar idea, at the time you submit it to us. Because we may have considered similar ideas and may already be working along lines similar or related to your idea, we might find ourselves unable to use some of the ideas that have been produced or considered by us if we were to agree to keep secret something you may suggest to us.
As a result, we cannot agree to treat your idea as secret or confidential. No confidential relationship is or will be established, either expressly or by implication, between you and us by your submission of an idea to us or our consideration of your idea or under any other circumstances, unless we enter into another written agreement with you that provides otherwise.
In order to protect your idea, we ask that you do not submit any information related to your idea or otherwise that you consider to be confidential or secret. If we decide to pursue your idea based on the non-confidential information you provide to us, and you must disclose confidential information for us to further evaluate your idea, we will enter into a mutually agreeable separate written nondisclosure agreement with you to protect that information.
Because we cannot assume any obligation regarding confidentiality or return of materials, we urge you to protect your idea and all related intellectual property rights before you submit the idea to us. Typically, United States patents are the preferred means for protecting ideas. Trademark and copyright protection may be adequate in some cases.
Additional information can be found on the U.S. Patent and Trademark website at www.uspto.gov and the U.S. Copyright Office website at www.copyright.gov. Please feel free to provide us with copies of issued patents, published patent applications, copyrights and other public disclosures of your idea.
You do not grant any rights in any patent, trademark or copyright to us by submitting your idea. But in order to protect us, you acknowledge and agree that we have the unrestricted right to use and disclose any submitted ideas, suggestions and materials, subject only to rights that you may have under any patents, trademarks, or copyrights you own. Thus, your only recourse against us for any use of your idea or any related information (absent a separate written agreement between you and us related to your idea) is to bring a patent, trademark or copyright infringement action against us.
If your idea interests us, we will contact you to discuss your idea further and/or negotiate a business arrangement related to your idea. Nevertheless, neither you nor we shall be obligated to enter into any such arrangement or other agreement; either party may terminate such discussion and negotiation at any time with or without cause or reason. Negotiating or offering to purchase an idea shall in no way be deemed an admission of the novelty, priority, originality, or value of the idea.
If we decide that we’re not interested in pursuing your idea, we’ll try to let you know as soon as practical. This type of decision is often based upon our confidential information, so we are not obligated to give you reasons for our decision or reveal any past or present activities that relate to the idea. Also, a decision that we are not interested is not an indication of the quality or even the likely success of your idea – it may mean nothing more than that we are simply too busy with our own ongoing research and development or that your idea isn’t consistent with our business plans at that time.
We appreciate your understanding. If you submit an idea, suggestion or proposal to us, you agree to the following Idea Submission Agreement:
IDEA SUBMISSION AGREEMENT
By submitting an idea, invention or other proposal to us, You agree as follows:
- a. “You” and “Your” mean you, a person who is voluntarily submitting an idea or suggestion, along with related documents, materials, communications, concepts, know-how, and other information (together, the “Idea”) to Pearl Communications Inc., and its subsidiaries, affiliates, and employees (together, “Pearl” or “we”). You have read, understand and agree to the above provisions of this Section 6;
- b. You are not granting any patent, trademark or copyright interest in Your Idea to Pearl by entering into this Idea Submission Agreement; any such grant will only be made in a separate written agreement signed by You and an officer of Pearl.
- c. The Idea is original with You, no other person has an interest or claim to the Idea (or You have the legal authority to act on behalf of all persons owning an interest in the Idea), and Your submitting the Idea to Pearl will not infringe or violate any rights of any other person or entity. You are at least 18 years old;
- d. No confidential relationship or obligation of secrecy is created between You and Pearl, and Pearl may freely disclose and use all or any portion of Your idea, subject only to recourse that You may have against Pearl in an infringement action brought under any patent, copyright or trademark You own. Pearl has the right to contest the validity of any patent, trademark, copyright or trade secret related to the Idea;
- e. Pearl is not obligated to use Your Idea, pay You any compensation, or accept or return anything You submit to Pearl related to Your Idea, nor is Pearl obligated to You in any other way, except as may be otherwise provided in a separate written agreement signed by You and an officer of Pearl;
- f. Subject to Your rights in an infringement action under section 6.d, above, You waive any and all claims that may arise out of disclosure of Your Idea to Pearl or use of Your Idea by Pearl, and You agree to defend, indemnify and hold Pearl harmless against any and all such claims, including all related costs, damages, attorney fees, penalties, actions, and other expenses; and
- g. The above terms and conditions represent the entire agreement between You and Pearl related to Your Idea, and supersede any prior agreement related to such subject. The above provisions may only be modified by the provisions of a separate written agreement entered into between You and Pearl, which is signed by You and an officer of Pearl.
Nothing contained in this Site, the Services, or the Site Content shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. No part of this Site, the Services, or the Site Content may be used, reproduced, republished, copied, transmitted, modified, altered, performed, displayed, or distributed in any form or by any means, or be used to create any derivative works.
10. LIMITATION OF DAMAGES
11. GOVERNING LAWS IN CASE OF DISPUTE
12. INTEGRATION; SEVERABILITY; GENERAL
Graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through this Site are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our products or services. Any rights that we have not expressly granted herein are reserved.
All other trademarks, service marks, and trade names not owned by us that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
17. ATTORNEYS FEES
18. COPYRIGHT NOTICE
Copyright © 2020 Pearl Communications Inc., 500 Chestnut Street, Suite 1424, Abilene, Texas 79602 U.S.A.
20. MODIFICATION AND AMENDMENTS
21. EFFECTIVE DATE