By indicating your acceptance of this User Agreement and/or accessing the PTC websites, you agree to comply with the terms set forth herein. If you do not agree then you may not access the PTC websites. You will be granted a User ID for access to the PTC websites. Each User ID may have a different level of access privilege. You agree that your User ID is only for your personal use, and you will not permit anyone else to use your User ID. You are responsible for all access to the PTC websites through your User ID. If you believe that another party has gained access to your User ID, you must inform PTC immediately. You may not transfer your User ID to anyone else.
You represent and warrant that any information you provide to PTC in order to obtain access to the PTC websites is complete and accurate, you are authorized to enter information, and the entity agrees to be legally bound by this User Agreement. It is your responsibility to inform PTC of any changes to your user information. PTC reserves the right to suspend user privileges and block access of any user who violates this User Agreement.
PTC websites are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the PTC website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not use or access the PTC websites.
The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the PTC website. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The PTC website may not be shared or used by multiple users.
You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the PTC website(s) or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the PTC websites; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the PTC websites; (iv) interfere with or disrupt the integrity or performance of the PTC websites or any data contained therein; (v) attempt to gain unauthorized access to the PTC websites or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the PTC websites without PTC’s prior written consent; and/or (vii) perform vulnerability, load or any other test of the PTC websites without PTC’s prior written consent.
Your User ID only allows you to view materials related to your relationship with PTC, and provides no ability to view materials for any other party. You shall not attempt to access or view materials for any other party. If for any reason you obtain access to any materials not related to your relationship with PTC, you shall immediately inform PTC at firstname.lastname@example.org and refrain from viewing or downloading such materials.
b. Viewing and Downloading
You have the ability to view and download materials including documents and work product. You must maintain the appropriate level of confidentiality for material that you download from PTC websites. PTC is not responsible for the security of any material that you download from the PTC websites.
c. Uploading Material
If your USER ID is granted the right, you may have the ability to upload materials to the PTC websites. You warrant that the materials you upload are for the purpose of your relationship with PTC, and that such materials are free from any viruses, Trojan horses or any code that could harm any computer system. You are solely responsible for any material you upload. You must be aware that depending on the specific matter and related level of restricted access, other parties may have access to your uploaded materials.
When using the PTC websites, you may sometimes be linked to other web sites. PTC is not responsible for any web sites not operated by PTC.
Collection Sites Database
This database of collection sites is furnished by PTC as a courtesy to our clients and should not be construed as an endorsement by PTC of any facility nor a guarantee of the services performed by the facility. Listed collection sites have indicated that they are in compliance with DOT 49 CFT Part 40 regulations. PTC does not own, endorse, or otherwise control these sites. PTC clients are responsible for any fees regarding any tests canceled as a result of collection site errors. While PTC makes reasonable efforts to present current and accurate information on this website, this website could include inaccuracies or typographical errors. The materials and information on this website are not guaranteed to be correct, complete or up-to-date. Please help us keep the information in this database current and accurate by reporting any errors to PTC at email@example.com or 1-800-294-8758. In selecting a collection site, the client must satisfy itself that the facility meets appropriate standards for the services client desires.
Accuracy of Information
While PTC makes reasonable efforts to present current and accurate information on this website, this website could include inaccuracies or typographical errors. The materials and information on this website are not guaranteed to be correct, complete, or up-to-date.
The PTC websites use industry standard security protection to protect against unauthorized access, including firewall protection and 128 bit encryption encoding. PTC may change or enhance the security protection without notice to you. You shall not attempt to disable or circumvent any security feature on the PTC websites.
You may terminate your access to the PTC websites at any time by providing e-mail notice to PTC at firstname.lastname@example.org. PTC also reserves the right to terminate your registration at any time without notice. All applicable provisions of the Agreement will survive termination of this Agreement.
A complete refund will be provided if requested within 5 days of date of enrollment for a new PTC client, provided that the user and/or purchaser has not completed any portion of the PTC new client enrollment process. No refunds will be provided if a refund request is received more than 5 days after an incomplete enrollment. Otherwise, PTC has, without exception a NO REFUND policy. For this reason we strongly recommend that before payment, you make certain that you understand the nature and cost of the services we provide. Invoices sent by PTC under this agreement are due upon receipt. The company shall owe a finance charge on any balance not paid within 30 days of the date of the invoice at the rate of 1.5% per month or 18% annually. In the event the company fails to make payments of amounts due under this agreement within 60 days from the date of invoice, PTC is authorized under this agreement to suspend performance of its obligations to the company until full payment of the amount which the company is in default is received. By way of illustration and not limitation, PTC is expressly allowed, during such period of default, to remove the company from the Consortium and to report on any listing or report of compliance with applicable regulations or, in the case where PTC is listing only the company in compliance to omit such defaulting company. Such action by PTC shall not relieve the company of its obligation to pay any annual, administration or other fees provided under this agreement.
To the extent allowed by law, you agree to defend, indemnify and hold harmless PTC and any of its directors, officers, partners and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to your use of the PTC websites, or any breach by you of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defenses and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
DISCLAIMER OF WARRANTIES
THE PTC WEBSITES ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” PTC AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE PTC WEB CONTENT HEREUNDER OR THAT YOUR USE OF THE PTC WEBSITES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE PTC WEBSITES IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PTC NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE PTC WEBSITES, OR PTC’S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE PTC WEBSITES, EVEN IF PTC, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PTC’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE PTC WEBSITES AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR PTC WEBSITE ACCESS FROM WHICH SUCH LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PTC AND YOU.
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED. SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES, REPRESENTATIONS OR CONDITIONS. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General Compliance with Laws
You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the PTC websites to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
Waivers and Remedies
Any waiver by PTC of the provisions of this Agreement or of PTC’s rights or remedies under this Agreement must be in writing to be effective. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Failure, neglect or delay by PTC to enforce the provisions of this Agreement or PTC’s rights or remedies at any time will not be construed and will not be deemed to be a waiver of PTC’s rights under this Agreement and will not prejudice PTC’s right to take subsequent action. No exercise or enforcement of any right or remedy under this Agreement will preclude the enforcement of any other right or remedy under this Agreement or that PTC is entitled by law to enforce.
The PTC websites (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media) are the property of Pipeline Testing Consortium, Inc. and are protected by U.S. and international copyright and other intellectual property laws and treaties.
Applicable Law, Jurisdiction, and Severability
This Agreement shall be governed and interpreted pursuant to the laws of the State of Kansas, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Reno County, Kansas (USA). If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
Updates and Amendments
PTC reserves the right, in its sole discretion, to supplement, modify or discontinue any aspect of the PTC websites, including, without limitation, restricting the times or means of access to the PTC websites. PTC also reserves the right, in its sole discretion, to modify this Agreement in any manner and to adopt additional terms or conditions governing your access and use of the PTC websites, at any time, without prior notice. The terms of any such amendment to this Agreement shall become effective immediately upon posting of such terms on the PTC websites, and your use of the PTC websites on or after such effective date shall constitute acceptance of such amended terms.
Third Party Beneficiaries
All users on the PTC websites are intended third party beneficiaries of this Agreement; all rights and benefits conferred by this Agreement shall extend to such users and such users are independently entitled for enforcement of its provisions. You acknowledge that each other user is relying upon the representations made in this Agreement.
You consent to receive electronically any communications from PTC. We may communicate with You through the email address specified in Your account or by posting notices on the PTC websites. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any requirement that such communications be in writing. All notices from PTC intended for receipt by You will be deemed delivered and effective when sent to the email address You provide to PTC.
Notices to PTC must be sent to:
Pipeline Testing Consortium, Inc.
9 Compound Drive
Hutchinson, KS 67502
Except with respect to any payment to be made to PTC hereunder, neither party will be liable for any failure, deficiency or delay in the performance of its obligations under this Agreement due to any force majeure, which will include but not be limited to any storm, flood, fire, aircraft damage, explosion, electrical or communication line failure, disturbance, war or military action, acts of terrorism, Government act or administrative delay, equipment failure or non-delivery, inability to obtain materials or any cause or matter whatsoever not within the reasonable control of such party. In the event of such a force majeure, the affected party will be entitled to a reasonable extension of time for the performance of its obligations under this Agreement.
If You are dissatisfied with the services that PTC provided for You, You may direct Your written complaint, grievance, or dispute as follows:
(a) First Level of Contact: Account Executive
(b) Second Level of Contact: Client Relations Supervisor
(c) Top Level of Contact: Director of Sales & Development, PTC
Pipeline Testing Consortium, Inc.
9 Compound Drive
Hutchinson, KS 67502
Customer Service: (800) 294-8758
(e) Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.
This Agreement sets forth the entire understanding between PTC and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between PTC and you with respect to said subject matter. No agency, partnership, joint venture or employment relationship is created by this Agreement or Your use of the PTC websites, and You do not have any authority of any kind to bind PTC in any respect whatsoever. Section headings are used for convenience only and will in no way affect the construction or interpretation of this Agreement. This Agreement will be interpreted without application of any strict construction in favor of or against You or PTC.