Last revised: April 10, 2013
PLEASE NOTE THAT THESE TERMS OF USE (“TERMS OF USE”) MAY CHANGE FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY
TO CHECK FOR SUCH UPDATES. THE LAST REVISION DATE FOR THESE TERMS OF USE IS SET FORTH ABOVE. THESE TERMS OF USE SHOULD BE READ IN CONJUNCTION WITH PSP INVESTMENT’S PRIVACY NOTICE.
Terms of Use for PSP Investments’ Website
- Purpose and Contents of this Site.
This website ("Site") is intended for your personal non-commercial use and information. Information contained on this Site is intended to present you with information concerning PSP Investments. While we attempt to keep the content accurate and current, information can change at any time. Consequently, we cannot guarantee that all information is current, accurate or complete.
- Ownership and Use of this Site.
This Site is owned and operated by PSP Investments. Use of this Site is subject to these Terms of Use and all applicable laws. All rights not expressly granted in these Terms of Use are reserved by PSP Investments. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of PSP Investments or any other person or entity.
- Ownership and Use of PSP Investments Materials.
Materials on this Site, including but not limited to text, images, illustrations, software, audio clips, video clips and any tools available on this Site (“Materials”) are owned or otherwise provided by PSP Investments (or its service providers, where applicable), and PSP Investments does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos and service marks (collectively, "Marks") displayed on this Site are registered or unregistered Marks of PSP Investments or others, and may not be used without written authorization or license of the owner of such Marks. Permission to use Materials is granted, provided that use of such Materials is for informational use only and will not be copied or posted on any network computer or broadcast in any media and that no modifications of any documents are made. Any Materials which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such Materials. Material on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, framed, transmitted, distributed or modified in whole or in part, whether in text, graphical, audio, video or executable form, without the express written consent of PSP Investments.
- Ownership and Confidentiality of Submitted Materials.
Unless expressly indicated by PSP Investments, all comments, feedback, information or materials submitted through or in association with this Site shall be considered non-confidential and PSP Investments’ property. By submitting such comments, feedback, information or material, you agree to a no-charge assignment to PSP Investments of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Unless expressly provided otherwise by PSP Investments, PSP Investments shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
- Hyperlinks.
This Site may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. PSP Investments has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to this Site.
- Security and Risks Related to Internet.
This Site has reasonable security measures in place to protect the loss, misuse and alteration of the information under PSP Investments’ control. Although efforts are taken to ensure no one other than PSP Investments (or its service providers, where indicated) will view, seize or obtain your information except to the extent permitted or required by applicable laws, complete confidentiality and security is not yet possible over the Internet. Use of the internet and communications over the internet are subject to possible interception, loss and alteration. Therefore, you should not communicate any personal information to PSP Investments by email, unless adequate security measures are in place in order to ensure the security of the transmission. You recognize that PSP Investments, its affiliates and their respective agents, administrators, directors, officers and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to PSP Investments or over the Internet, and that all such communications will be made at your own risk.
- Monitoring.
You acknowledge that PSP Investments may monitor access to, use of and other activities relating to this Site and may intervene in relation thereto but PSP Investments does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention.
- Digital Markers (including Cookies).
PSP Investments uses digital markers on some portions of this Site. During your on-line visit, your browser exchanges data with PSP Investments‘ Web server. The digital markers used do not allow PSP Investments to identify individuals. You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with PSP Investments’ website. A digital marker is a resource created by a visited website’s Web server in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are “cookies” or HTML5 web storage. Some examples of what digital markers do are as follows:- they allow a website to recognize a previous visit each time the visitor accesses the site;
- they track what information is viewed on a site which helps website administrators ensure visitors find what they are looking for.
- Exclusion of Warranties.
PSP Investments makes no representations or warranties regarding the function and performance of this Site, or the condition of this Site, its suitability for use, or that its use will be uninterrupted or error-free. All Materials and information on this site are provided to you "as is" without warranties of any kind. PSP Investments disclaims all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality or fitness for a particular purpose. Without limiting the generality of the foregoing, PSP Investments does not represent or warrant that the information or Materials, including without limitation any software, accessed from or through this Site, will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. These exclusions are in addition to any other exclusions otherwise provided in these Terms of Use. The documents and related graphics published on this server could include technical inaccuracies or typographical errors.
- Limitation of Liability.
PSP Investments, its affiliates and their respective agents, officers, directors, administrators and employees (the “PSP Group”) are not responsible for, and may not be held liable to you or any third parties for, any claims, losses, costs, expenses or damages whatsoever, including indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this Site, the content contained therein, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, the PSP Group shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise arising out of or in connection with: (i) failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and PSP Investments and/or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and PSP Investments; (ii) your inability to access, at any time, any part of this Site or any content provided on it; (iii) interception, loss or disclosure of confidential or sensitive information transmitted over the internet, including personal information; (iv) lack of suitability, reliability, timeliness or availability of this Site or any content offered on this Site; or (v) PSP Investments’ failure to take corrective measures. Your sole and exclusive remedy is to discontinue using and accessing this Site.
- Liability for Computer System.
You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system, (ii) your use of any Materials on the Site, (iii) your access to the Site, or (iv) your downloading of data, software and viruses. PSP Investments, its affiliates and their respective agents, directors, officers, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your internet service provider.
- Indemnity.
You agree at all times to indemnify, defend and hold harmless PSP Investments, its affiliates and their respective agents, administrators, directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by PSP Investments, arising from your failure to respect these Terms of Use or an act or omission or your negligence resulting from use of the internet or access to any website, including this Site, by you or any other person to whom you have provided access to your computer system and who is using it on your behalf.
- Damage to Others.
You agree not to introduce into or through this Site any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Additional Terms of Use for Career Opportunities Site
- Ownership and Purpose of the Career Opportunities Site.
The Career Opportunities site is operated by PSP Investments’ service provider, Authoria Inc. The Career Opportunities site is intended to present you with information concerning current job postings with PSP Investments.
- No Offer.
Nothing on the Career Opportunities site shall constitute an offer of employment or any obligation on the part of PSP Investments’ to contact you in connection with your application for any job posting.
- Agencies.
Any employment agency, person or entity that submits a resume through the Career Opportunities site on behalf of an applicant does so with the understanding that (i) the resume will become the property of PSP Investments and (ii) PSP Investments will have the right to hire that applicant at its discretion and without any fee owed to the employment agency, person or entity unless an agreement, including a fee arrangement, has been signed with such agency with respect to the specific position for which a resume is submitted.
General Terms of Use
- Governing Law.
Any employment agency, person or entity that submits a resume through the Career Opportunities site on behalf of an applicant does so with the understanding that (i) the resume will become the property of PSP Investments and (ii) PSP Investments will have the right to hire that applicant at its discretion and without any fee owed to the employment agency, person or entity unless an agreement, including a fee arrangement, has been signed with such agency with respect to the specific position for which a resume is submitted.
- Severability.
If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
- Modification of these Terms of Use.
PSP Investments may modify, alter or otherwise update these Terms of Use from time to time, without prior notice, by updating this posting. The date of the last modification will appear at the top of the document. You agree to review these Terms of Use each time you access and use this Site and to be bound by such Terms of Use as are in effect at the time when you access this Site. Your access and use of this Site constitutes irrefutable evidence of your consent to be bound by these Terms and Use as modified, from time to time.
- Survival.
These Terms of Use apply while you are accessing the Site and remain in effect thereafter, subject to section 19. In the event that this Site is no longer accessible to you, the provisions set out in sections 2-4, 9-12, 15, 16 and 17-20 of these Terms of Use shall survive thereafter.