Thanks for visiting DesignerWare’s web sites, (collectively, the "sites"). DesignerWare, LLC believes that you will find our sites informative and easy to navigate, and we hope that you will visit regularly.
Your use of this site and the information, content, and services available through the site are subject to the following Terms & Conditions ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms & Conditions agreement at any time. If you do not agree to any of these Terms, please do not use our sites.
If you are a customer of ours and enter a userid and password to gain (enter/login) you also agree that you are subject to the Terms & Conditions of the End User License Agreement (EULA) for the product you are using.
Information concerning DesignerWare and its services, including all text, html, graphics, button icons, audio and video clips, digital downloads, data compilations (PCRA) computers, logos and information regarding the status of any PCRA, etc. is referred to as "Company Information." DesignerWare owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to DesignerWare.
DesignerWare offers the services available on our sites conditioned upon your acceptance of all the limitations of use and prohibited activities set forth below (collectively, the "Use Agreement"). By using the our sites in any manner, you accept and agree to be bound by this Use Agreement. Your continued use of DesignerWare’s web sites is your acceptance of the changed or modified Use Agreement.
Limitations of Use
DesignerWare’s sites and any Company information provided thereon is available to you only for your usage and unless you are an authorized DesignerWare employee, authorized customer, or have prior approval in writing, you may not use the information provided on this site for any commercial use of other purpose.
You may not use DesignerWare’s sites to make any speculative, guess, predications, publish, produce, or gather information in any attempt to describe how any of our products or services work without prior written approval.
You may not use DesignerWare’s sites for or in conjunction with any other site to produce information as to what any product or service, offered by DesignerWare does.
DesignerWare is not liable for information that is inaccurate due to technical defects in software used on our web sites, whether induced by our systems or by software provided by third parties.
You also understand and agree that information obtained on DesignerWare’s sites is not to be used in any form or nature as an accurate representation of how any software works or is to be used to represent any one particular software package; furthermore you acknowledge and agree that all information maybe fictional in nature and thereby not representative of any software developed, maintained, or sold by DesignerWare.
If DesignerWare notifies you that the manner in which you are using one of our websites is prohibited or unauthorized, you may no longer use the site for that particular purpose.
Prohibited Activities
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of this site for public or commercial purposes without our express written permission. Nothing on this site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of our sites, including, without limitation, by any way of reproducing our web pages or Company information on any other web site without our express written permission.
You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our sites, including without limitation, any service or product DesignerWare offers.
You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of DesignerWare’s sites.
You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the DesignerWare’s sites or Company information.
You may not use DesignerWare sites in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of our site.
You may not upload or transmit to the DesignerWare’s sites any device, software, program, or file that may damage the operation of any computer or the DesignerWare’s sites, including without limitation, viruses or corrupt files.
You may not disguise the origin of information transmitted to, from, or through the DesignerWare’s sites. You may not circumvent any measures implemented by DesignerWare aimed at preventing violations of the Use Agreement. You may not violate the restrictions in any robot exclusion header.
When you use DesignerWare’s sites or Company information for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them.
You may not engage in any conduct that is, or that DesignerWare deems to be, in violation of this Use Agreement.
Prohibited Acts
You agree you will not: (i) post Submissions that are copyrighted, protected by trade secret or otherwise subject to any third party Intellectual Property Rights or propriety rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such Submissions and to grant DesignerWare all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any Submissions or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of DesignerWare, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions or other content transmitted to or through the site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any Submissions or other content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and (ix) collect or store personal data about other users.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that DesignerWare may exercise its rights (e.g. use, publish, delete) to any content regardless of who submitted it.
Intellectual Property Rights
DesignerWare respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the PCRA who may infringe or repeatedly infringe the copyrights or other intellectual property rights of DesignerWare and/or violated our EULA.
DesignerWare’s policies with respect to claims by third parties that the content of the sites, including the content of any Submissions, infringes the copyrights owned by said third parties can be found in our company’s Copyright Complaint Policy.
Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement and subject to these Terms and Conditions.
Consistent with the DesignerWare’s Privacy Policy, we ask you to provide us with information when you use certain services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy.
IN NO EVENT SHALL DesignerWare OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DESIGNERWARE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you.
THE CONTENT AND COMPANY INFORMATION FOUND ON DESIGNERWARE’S SITES IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH DESIGNERWARE’S WEB SITES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL DESIGNERWARE OR ITS PREFERRED PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF DESIGNERWARE’S WEB SITES OR WITH THE DELAY OR INABILITY TO USE DESIGNERWARE’S WEB SITES, FOR ANY INFORMATION (INCLUDING COMPANY INFORMATION), DESIGNERWARE PRODUCTS, AND SERVICES OBTAINED THROUGH DESIGNERWARE WEB SITES , OR OTHERWISE ARISING OUT OF THE USE OF THE DESIGNERWARE WEB SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DESIGNERWARE OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication-line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
E-Mail Communication Disclaimer
Please note that when we contact you by e-mail, such communications are not secure. It is the responsibility of the recipient to make sure the message is virus-exempt. We are not responsible for any unauthorized alterations or modifications made to any of our e-mail messages. We make no warranty of any kind with respect to the accuracy of the contents of any of our e-mails. If you require confirmation of the content of any of our e-mails, please contact your email service directly.
Forum Selection
These Terms and the relationship between you and DesignerWare shall be governed by the laws of the State of Pennsylvania without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Erie, Pennsylvania. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Erie, Pennsylvania in all disputes arising out of or relating to these Terms, our sites and site information.
Class Actions
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former user of our services, and no class arbitration proceedings shall be permitted.
Limited Time to Bring Your Claim
You agree that any cause of action arising out of related to the site or any site information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We want to thank you for visiting the DesignerWare’s web sites for your information needs.