Pico MES Terms of Use

Welcome, and thank you for your interest in Pico MES Inc., a Delaware corporation (“Pico MES,” “we,” or “us”) and our website at www.picomes.com (the “Site”). By accessing or using the Site, you agree to these Site Terms of Use (the “Site Terms”) which are a legally binding contract between you and Pico MES regarding your use of the Site. If you do not wish to accept the Site Terms, do not access or use the Site.

1. Purpose

The Site provides certain information about us and about the products and services we sell, and provides you with opportunities to contact us.

2. Subscriptions

If you are a Pico MES customer, then (i) your access and use of Pico MES services, including services that may be accessible to subscribers through the Site, is governed by the terms of the Terms of Service and order form entered into between you and Pico MES (“Customer Agreement”), and (ii) in the event of any conflict between these Site Terms and the Customer Agreement, the Customer Agreement will prevail.

3. Ownership; Proprietary Rights

The Site is owned and operated by Pico MES. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Pico MES are protected by intellectual property and other laws. All Materials associated with the Site are the property of Pico MES or our third-party licensors or partners. You are authorized to view the Materials on the Site in accordance with these Site Terms, but you may not make any other use of the Materials without the prior express written permission of Pico MES. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.

4. Privacy Policy

Please read the Pico MES Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Pico MES Privacy Policy is incorporated by this reference into, and made a part of, these Site Terms.

5. Prohibited Conduct. YOU AGREE NOT TO:

5.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;

5.2 interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;

5.3 interfere with the operation of the Site or any visitor’s enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;

5.4 use any means of automated data collection (“scraping”) or indexing (“crawling”), including by use of data mining tools, scripts, repeated data requests, automated systems (“robots”), or any other method to collect, copy, or aggregate information hosted on the Site; or

5.5 attempt to do any of the acts described in this Section 5, or assist, encourage, request, or permit any person to engage in any of the acts described in this
Section 5.

6. Linked Websites

The Site may contain links to third-party websites such as social media websites. Third-party websites are not under our control, and we are not responsible for their content.

7. Modification of the Site

We reserve the right to modify or discontinue the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or termination of your access to or use of the Site.

8. Modification of these Site Terms

We reserve the right, at our discretion, to change these Site Terms on a going-forward basis at any time. Please check these Site Terms periodically for changes.

9. Feedback

If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site (“ Feedback”), then you hereby grant Pico MES an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

10. No Warranty

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PICO MES DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. PICO MES DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Limitation of Liability

IN NO EVENT WILL PICO MES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF PICO MES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

THE AGGREGATE LIABILITY OF PICO MES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE SITE, OR OTHERWISE ARISING UNDER THESE TERMS, SHALL UNDER NO CIRCUMSTANCES EXCEED $50 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Governing Law and Choice of Forum

These Site Terms are governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising in connection with the Site or these Site Terms will be litigated exclusively in the state and federal courts located in San Francisco, California, and both you and Pico MES hereby submit to the personal jurisdiction of such courts, and waive any objection regarding venue or inconvenient forum in such courts.

13. General

The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Site Terms, or any provision of these Site Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Site Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Site Terms for any reason, Sections 3, 4, and 9 through 13 will survive.

14. Consent to Electronic Communications

You consent to receive certain electronic communications from us as further described in our Privacy Policy.

15. Contact Information

The Site is controlled by Pico MES, Inc., located at 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065. You may contact us by sending correspondence to that address or by emailing us at info@picomes.com