Terms of Service

By clicking, "I Accept," below, or by using this service (the "Service") made available by Pacific Technologies, Inc. ("Pacific") you agree to be bound by the terms and conditions of this Access Agreement (this "Agreement") and agree this Agreement applies as of the date that you first used the Service. This Agreement will govern your access to the Service unless you have executed a separate agreement with Pacific.

1. Rights

Subject to the terms and conditions of this Agreement, Pacific grants to you a limited, royalty-free, non-exclusive, non-transferable, revocable right to use the Service solely for internal business and evaluation purposes. You will not copy, distribute, reverse engineer, sell, rent, lease, sublicense or otherwise transfer or make the Service or any portion thereof available to any third party. Except as expressly granted in this Agreement, Pacific reserves, and you acknowledge and agree that as between the parties Pacific owns, all right, title, and interest in the Service and in later beta and commercial versions of the Service, including all worldwide intellectual property rights therein. You acknowledge and agree that all feedback, comments and suggestions for improvements ("Feedback") you provide will be the sole and exclusive property of Pacific.

2. Beta Version/No Warranty

You acknowledge and agree that: (a) the Service is not an official product or service and has not been commercially released; (b) the Service (or parts thereof) may not operate properly, be in final form or be fully functional; (c) the Service may contain errors, design flaws or other problems; (d) use of the Service may result in loss of data or communications, project delays or other unpredictable and unexpected damage or loss; and (e) Pacific is under no obligation to release a commercial version of the Service. THE SERVICE IS PROVIDED "AS-IS". PACIFIC DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.

3. Customer Data

As between you and Pacific, you own and retain all right, title and interest in and to all information, data or materials that you provide or upload through the Service ("Customer Data"). Pacific may use and modify your Customer Data to provide and improve the Service. You and will indemnify, defend and hold harmless Pacific and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your Customer Data.

4. Limitation on Liability

IN NO EVENT WILL PACIFIC OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS OR LOST DATA OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICE EVEN IF PACIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

5. Confidentiality

You acknowledge that you may have access to confidential and proprietary information relating to the Service, and any features or information relating to or produced by the Service ("Confidential Information"). You agree to refrain from disclosing Pacific's Confidential Information to any third party or using our Confidential Information except as necessary for the performance of this Agreement.

6. Termination

This Agreement will continue in effect until terminated. Either party may terminate this Agreement for convenience at any time, with or without cause, upon written notice to the other party (email to be sufficient). The provisions of Sections 2, 3, 4, 5, 6, and 7 will survive any termination or expiration of this Agreement.

7. General

You may not assign by operation of law or otherwise any of your rights under this Agreement; any attempted assignment will be null and of no effect. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, communications and understandings with respect to the Service and shall be construed in accordance with the laws of the State of California (excluding its body of law controlling conflicts of law). Any legal action arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to personal jurisdiction and venue therein. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. The waiver of any breach will not constitute a waiver of any other right or of any subsequent breach.