This Internet website is owned and operated by or licensed to or on behalf of Piana Technology LLC. All content of this Internet website is owned or controlled by Piana Technology LLC and is protected by worldwide copyright laws.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Site, are legally binding, limit Company’s liability to you, and require you to indemnify us and to resolve certain disputes through individual arbitration. If you do not wish to be bound by these Terms, do not use the Site.
A. Age Restrictions. Our Site is a general audience site. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web. By making a purchase, you are agreeing that you are at least 18 years of age (or supervised by a legal guardian) and legally bound to these terms and conditions.
B. Company’s Consent or Approval. As to any provision in these Terms that grants Company a right of consent or approval, or permits Company to exercise a right in its “sole discretion,” Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
C. Updates to Terms. It is your responsibility to review the posted Terms each time you use the Site (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms will be effective as to new use at the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Site.
A. Ownership. The Site and all of its content (“Content”), including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property the Company, or, as applicable, its suppliers and licensors. All right, title, and interest in and to the Content and intellectual property available via the Site is the property of Company, its licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY AND ITS LICENSORS.
B. Your Rights to Use the Site and Content. Your right to use the Site and Content is subject to your strict compliance with these Terms. Your right to access and use the Site and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Site and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Company Licensed Uses”):
1. Display, view, use, and play the Content on a computer or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
3. Subject to any applicable these Terms, if the Site includes a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own website or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
4. If made available to you, obtain a registered personal account (and/or related username and password) on the Site and interact with the Site in connection therewith;
C. Rights of Others. In using the Site, you must respect the intellectual property and rights of others and Company. Your unauthorized use of Content may violate the rights of others and/or applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Site, please contact Company via the contact information provided at Section 5.B., below.
A. Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any intellectual property; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Company; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Company, or other users of the Site; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Site or any feature that restricts or enforces limitations on use of or access to the Site, or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms.
B. Content Use Restrictions. You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Company. For example, you may not copy, reproduce, publish, upload to another website, or otherwise distribute any of the images on the Site. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
C. Availability of Site and Content. Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Site and/or Content (and any elements and features of them), in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability.
A. Customer Communications. Notwithstanding the context in which you provide your e-mail address or telephone number, any prior consents you may have provided to receive marketing and/or non-marketing telephone calls/SMS/MMS messages, any revocation of said consent and any request to be placed on a federal, state or internal do-not-call list, you consent to Company, its affiliates, any other intended beneficiary of your agreements with Company, and any third-party service providers, including, but not limited to, delivery service providers and survey/research companies, contacting you using any e-mail address or any telephone number that you provide. You agree that any SMS/MMS messages and/or telephone calls may be sent or placed using an automatic telephone dialing system or prerecorded or artificial voice. You agree that such communications may be made for any purpose including, without limitation, processing and servicing any order, arranging delivery, conducting surveys (including satisfaction surveys), researching and improving Offerings, providing customer service and marketing. You agree that Company, its affiliates, any other intended beneficiary of your agreements with Company, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. You further agree that each short code and/or telephone number used to communicate with you is an independent message campaign, separate from any other communication campaign you may receive from or on behalf of Company, its affiliates, any other intended beneficiary of your agreements with Company, and any third-party service providers. Company may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails, or other means, which may occur.
B. Feedback. If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Site for any purpose.
A. Copyright Policy and DMCA. We respect the intellectual property of others and expect our Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders. Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send us a written notice that includes all the following:
1) a legend or subject line that says: "DMCA Copyright Infringement Notice";
2) a description of the copyrighted work that you claim has been infringed;
3) the URL of the site and a description of where the material that you claim is infringing is located on that site;
4) your address, telephone number, and e-mail address;
5) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
6) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed);
7) and,your electronic or physical signature.
B. Notice Requirements of DMCA. Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) Company’s designated agent:
Piana Technology LLC
101 Old Mill Road
Cartersville, GA 30120
D. International Users. The Company operates and controls its sites from the United States and cannot guarantee that its sites are suitable for use outside the country. Accessing the Company sites from countries or territories where the content is illegal or prohibited is not allowed. Additionally, using any materials found on the site may violate export laws and regulations, which is also not permitted.
E. Indemnification. By using the Company site, you agree to defend, indemnify, and hold harmless the Company, its licensees, and the respective directors, officers, employees, and agents of the Company from all liabilities, claims, damages, and expenses, including reasonable attorneys' fees. This includes any claims arising from your use of the site or any alleged violation of the terms and conditions of this agreement.
THIS SITE PROVIDES INFORMATION AND DATA THAT ARE BELIEVED TO BE ACCURATE, ALTHOUGH THERE IS A POSSIBILITY OF INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY'S SITES ARE PROVIDED "AS IS" AND DO NOT COME WITH ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE THAT THE SITE WILL FUNCTION UNINTERRUPTED OR BE FREE OF ERRORS OR VIRUSES. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR INJURIES THAT MAY OCCUR AS A RESULT OF USING THE SITE OR ANY OF ITS FUNCTIONS. THIS INCLUDES DAMAGES OR INJURIES THAT MAY ARISE FROM PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.THE COMPANY ALSO DOES NOT TAKE RESPONSIBILITY FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY OTHER SUBSCRIBERS OR THIRD PARTIES ON THE SITE. USERS ASSUME ALL RISKS ASSOCIATED WITH USING THE SITE AND ANY OF ITS FUNCTIONS.
UNDER APPLICABLE LAW, THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE COMPANY SOFTWARE, CANNOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE SITE OR ITS SOFTWARE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS APPLIES TO ALL CONTENT ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE, EXCEPT AS LIMITED BY APPLICABLE LAW. This includes personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, the Content, or Company Licensed Uses, except, to the extent not waivable under applicable law. You acknowledge and agree that the Company is not liable for any defamatory, anticompetitive, offensive, or illegal conduct by any user. If you are dissatisfied with any Company material or its terms and conditions, your sole and exclusive remedy is to discontinue using the site.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY COMPANY OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY COMPANY TO YOU OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) COMPANY’S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY COMPANY TO THE EXTENT NOT WAIVABLE OR ABLE TO BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST COMPANY THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
Last Updated: 05/04/2023