Terms and Conditions
Effective as of August 30, 2017
Welcome to www.PotterIntelliView.com, a dashboard website for monitoring IntelliGen® Nitrogen Systems (the "Dashboard Website"). The Dashboard Website is operated by Potter Electric Signal Company, LLC ("Potter"). In these terms and conditions ("Terms"), "You" and "Your" shall mean a user of the Dashboard Website.
You represent that You are an adult in Your state of residence and are qualified to enter into and form binding contracts under applicable law and, in the event You are accessing the Dashboard Website on behalf of a company, organization, government, or other legal entity, that You have full authority and power to enter into these Terms on behalf of such company, organization, government, or other legal entity. You agree to these Terms on behalf of yourself and the applicable company, organization, government, or other legal entity that You represent. You also acknowledge that the Dashboard Website is made available only to current customers of Potter that have a current purchase order for an IntelliGen® Nitrogen Generator or system.
No one under age 13 may provide any personal information on the Dashboard Website. Potter does not knowingly collect personally identifiable information from children under the age of 13.
License to Use the Dashboard Website
Potter grants to You a personal, world-wide, royalty-free, non-assignable, non-exclusive, and revocable license to access and use the Dashboard Website. This license is for the sole purpose of enabling You to connect and monitor Your IntelliGen® Nitrogen Generator or system from anywhere in the world as provided by Potter in the manner permitted by these Terms.
Accessing the Dashboard Website/ User Account
Potter reserves the right to withdraw or amend the Dashboard Website, and any service or material Potter provides on the Dashboard Website, in its sole discretion without notice. Potter will not be liable if, for any reason, all or any part of the Dashboard Website is unavailable at any time or for any period. From time to time, Potter may restrict Your access to some parts of the Dashboard Website, or the entire Dashboard Website, due to, for example, bandwidth limitations, usage limitations, storage limitations, download limitations, and other limitations.
Access to the Dashboard Website is restricted. Only registered users of the Dashboard Website will have access to the Dashboard Website and its content. When creating Your user account, You will be asked to provide personal information, including but not limited to Your e-mail address, passwords, Your name, and Your address. It is a condition of Your use of the Dashboard Website that all the information You provide on the Website is correct, current, and complete. You agree that You supply any such personal information at Your own initiative, and at Your own risk. You understand that this information may be stored by Potter.
You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. This responsibility includes, without limitation, using a strong password that is difficult to guess or crack. You acknowledge that Potter is not responsible for third party access to Your account that results from theft or misappropriation of Your account. You agree that Potter cannot and will not be liable for any loss, damage, or injury arising directly or indirectly from Your failure to keep safe and/or secure Your account and/or password and You agree to indemnify, defend, and hold harmless Potter for same. You may not assign or otherwise transfer Your account to any other person or entity.
Potter has the right to disable any user name, password, or other identifier, whether chosen by You or provided by Potter, at any time, in Potter's sole discretion for any or no reason, including if, in Potter's opinion, You have violated any provision of these Terms. Potter also reserves the right to access, read, preserve, and disclose any information Potter reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Potter, its users and the public.
Restrictions on Use of the Dashboard Website
You may use the Website only for lawful purposes and in accordance with these Terms. You are responsible for Your use of the Dashboard Website, for any content You post, submit, send, provide, upload, transmit, display or cause to be displayed in connection with Your use of the Dashboard Website, and for any consequences thereof.
As a condition of Your use of the Dashboard Website, You warrant to Potter that You will not use the Dashboard Website for any purpose that: (a) is unlawful, fraudulent, or deceptive, or otherwise prohibited by these Terms; (b) infringes or violates the rights of any other party; (c) could damage, disable, overburden, or impair the Dashboard Website or interfere with any other party's use and enjoyment of the Dashboard Website; (d) introduces or attempts to introduce viruses, worms, Trojan horses, macros, scripts, keyloggers, data scrapers, packet sniffers, or any other any software or code which interrupts, destroys, inhibits, or limits the functionality of any computer or telecommunications system, software, or hardware; (e) involves systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Dashboard Website without Potter's express written consent; (f) gains or attempts to gain unauthorized access to Potter's computer network, computer systems, or user accounts; (g) encourages or facilitates conduct that would constitute a criminal offense or give rise to civil liability; (h) violates these Terms; (i) modifies, reverse engineers, or transfers, or in any way exploits, in whole or in part, any of the content found on the Dashboard Website; (j) is commercial, including but not limited to promoting Your or a third party's goods on the Dashboard Website, or producing or developing content in exchange for payment, remuneration, or consideration of any kind and/or selling content created using Potter software and/or the Dashboard Website or for use with Potter software and/or the Dashboard Website, except to the extent such transactions are expressly authorized by Potter and carried out through the Dashboard Website provided by Potter.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Potter as a result of these Terms or use of the Dashboard Website.
To use the Dashboard Website, You must have Internet access. You are solely responsible for providing Your own Internet access. Your Internet access may be subject to additional terms and conditions imposed by the Internet service provider, violation of which may result in the Internet service provider temporarily or permanently suspending and/or terminating Your Internet access. Potter is not responsible for any such suspension or termination and under no circumstance shall Potter have any liability to You in any way related to such suspension or termination of Internet service.
The Dashboard Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Potter, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly stated in these Terms, You are not granted any intellectual property rights or license thereto by implication, estoppel or other legal theory, and all rights in and to the Dashboard Website not expressly granted in these Terms are hereby reserved and retained by Potter.
Nothing in the Terms gives You a right to use the Potter name or any Potter trademarks, logos, slogans, domain names, and/or other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Potter, or the Dashboard Website is entirely voluntary and Potter may use such feedback, comments or suggestions in Potter's sole discretion without any obligation to You.
Potter respects the intellectual property rights of others and expects You to do the same. Potter will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Potter. If You believe content has been used in a way that constitutes copyright infringement, please provide Potter with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on behalf of same;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Potter to locate the material such as, for example, a URL;
- Your contact information, including Your address, telephone number, and an e-mail address;
- a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Potter reserves the right to remove content alleged to be infringing without prior notice and at Potter's sole discretion, without liability to You. To submit a notification of claimed infringement, please contact Potter's designated agent at the following address:
Potter Electric Signal Company, LLC
Attn: Legal Department
5757 Phantom Drive, Suite 125
Hazelwood, MO 63042
You consent to receive electronic communications from Potter and You acknowledge that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any legal requirement that such communications be in writing.
The Dashboard Website is controlled, operated and administered by Potter from Potter's offices within the United States. If You access the Dashboard Website from a location outside the United States, You are responsible for compliance with all local laws. You agree that You will not use content accessed through the Dashboard Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Access Restriction/ Termination
If Your access to the Dashboard Website is completely restricted or Your account(s) is/are deactivated by Potter, these Terms shall terminate, including, without limitation, Your license to use the Dashboard Website and any other licenses granted under these Terms, except that any other obligation or provision which, by its nature, survives termination of these Terms.
Under no circumstance will You be entitled to a refund or setoff by reason of termination of these Terms.
You agree to indemnify, defend and hold harmless Potter, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Dashboard Website or services, Your violation of any provisions in these Terms, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Potter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Potter in asserting any available defenses.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Potter. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
Assumption of Risk
You knowingly and freely assume all risk when using the Dashboard Website. Potter and its affiliates assume no liability or responsibility, financial or otherwise, and shall not be liable for any damage, loss or injury resulting from or arising out of Your use, access or inability to access the Dashboard Website or Your reliance upon the information contained in the Dashboard Website, including, but not limited to, viruses that may infect Your computer equipment or other property, or for any loss or corruption of data on account of Your access to, use of or browsing of the Dashboard Website.
The Dashboard Website is Provided and Made Available "AS-IS"
ALL INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ON THE DASHBOARD WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. POTTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.
Potter makes no warranty and disclaims all responsibility and liability for: (i) the completeness, suitability, accuracy, availability, timeliness, security or reliability of the Dashboard Website or any content contained therein; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Dashboard Website; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Dashboard Website; and (iv) whether the Dashboard Website will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Potter or through the Dashboard Website, will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POTTER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DASHBOARD WEBSITE, WITH THE DELAY OR INABILITY TO USE THE DASHBOARD WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DASHBOARD WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DASHBOARD WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POTTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF POTTER EXCEED THE AMOUNT YOU PAID POTTER IN THE PAST TWELVE MONTHS FOR ACCESSING THE WEBSITE OR ANY OF THE CONTENT THEREON, WHETHER OR NOT ANY SUCH AMOUNTS ARE ACTUALLY PAID.
Links to other Websites/Third Party Software
The Dashboard Website may contain links to other websites not hosted or operated by Potter (each, a "Linked Site"). Linked Sites are not under the control of Potter and Potter is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Potter is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Potter of the Linked Site or any association with its operators.
The Dashboard Website may utilize or include third party software subject to third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Dashboard Website is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict between these Terms and the terms of such third party licenses, the terms of the third party licenses shall control with regard to Your use of the relevant Third Party Software. You warrant and represent that You will abide by the terms and conditions of all such Third Party Software agreements. You understand that You will be liable to Potter for any losses incurred by Potter arising or related, directly or indirectly, to a breach of any Third Party Software agreements, and You agree to indemnify, defend, and hold harmless Potter for the same.
In the event a dispute shall arise between the parties to these Terms, it is hereby agreed that the dispute shall be referred to arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with arbitrator's award, the other party is entitled of costs of suit including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Class Action Waiver.
Any claims brought under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Governing Law and Jurisdiction.
These terms and conditions shall be construed and interpreted according to the laws of the State of Missouri, without regard to the conflict of law principles or rules. Use of the Dashboard Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section.
Potter's failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Potter of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
If any term or condition shall, to any extent, be invalid or unenforceable, the remainder of the Terms shall not be affected thereby, nor shall the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable be affected thereby. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original.
It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms.
Potter reserves the right, in its sole discretion, to change, modify, amend, adjust, add to, delete from and/or withdraw these Terms and/or the information on the Dashboard Website at any time without notice. The most current version of the Terms will supersede all previous versions and You expressly agree to be bound by the most current version of the Terms. Potter encourages You to periodically review the Terms to stay informed of Potter's updates.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Potter welcomes Your questions or comments regarding the Terms:
Potter Electric Signal Company, LLC
5757 Phantom Drive, Suite 125
Hazelwood, MO 63042
Email Address: email@example.com
Telephone number: 314-595-6900