Terms of Use

Acceptance of Terms of Use

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for use of the Primero Systems Inc. (“Primero Systems”, “we”, “our”, us”) website, webtreepro.com (“Website”). By using the Website, you agree to be bound by this Agreement, whether you simply browse the Website or use its services. You are only authorized to use the Website if you agree to abide by all applicable laws and to this Agreement. If you do not agree to these terms, you should not use this Website.

Changes to Terms of Service

Primero Systems may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted.

Usage Rules

Primero Systems reserves the right to terminate any user account, in whole or in part, for use that is unauthorized, noncompliant with these terms or that otherwise causes a negative impact to Primero Systems’ products and services.

You agree not to violate, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology of the Website for any reason-or to attempt or assist another person to do so.

You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

Privacy

Any information submitted on the Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy for complete details.

Limitations on Use

The Website uses a diverse range of information, text, photographs, designs, graphics, images, videos, animation and other materials and effects on its Website. The Website provides the information or content (which we collectively call the "Materials") on the Website FOR INFORMATIONAL USE ONLY.

Accordingly, you may view, use, copy, and distribute the Materials found on the Website for internal, informational purposes only and may not sell this Material. Furthermore, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Website. You may not use the site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the Materials or the products, services, processes, or technology described therein. All such rights are retained by Primero Systems and/or any third-party owner of such rights.

Copyright

The compilation of all content on this site is the exclusive property of Primero Systems and protected by U.S. and international copyright laws. All content included on the Website including text, graphics, photographs, button icons, images, audio/video clips, logos, designs, digital downloads, data compilations, and software is the property of Primero Systems or its contractors, or suppliers and is protected by United States and international copyright laws. They should not be reproduced or used without express written permission from Primero Systems or its respective owners. All copies that you make of the Materials, or this site must bear any copyright notice that pertains to the material being copied.

Trademarks

The trade names and logos and all related products and service names, design marks and slogans of Primero Systems and Webtreepro are trademarks and service marks owned by Primero Systems. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials, or this site must bear any trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Primero Systems or Webtreepro name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Primero Systems. Requests for authorization should be made to privacy@primerosystems.com.

References that are made to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship or recommendation of the third party of the quality of any product or service, advice, information or other materials displayed, purchased, or any other information in connection with the Website (the "Products").

Content Disclaimer

Primero Systems reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Website. Where appropriate, we will endeavor to update information listed on the Website on a timely basis but shall not be liable for any inaccuracies.

Primero Systems does not make any representations regarding the availability and performance of its Website or any of the websites to which we provide links. When you click on external links from the Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by Primero Systems. Primero Systems is not responsible for the functionality, or technological safety of these external sites.

Warranty Disclaimers

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRIMERO SYSTEMS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. PRIMERO SYSTEMS DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PRIMERO SYSTEMS DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT SHALL PRIMERO SYSTEMS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF PRIMERO SYSTEMS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. PRIMERO SYSTEMS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Sites

You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Website.

Monitoring of Materials Transmitted by You

Changes may be periodically incorporated into this Website. Primero Systems may make improvements and/or changes in the products, services and/or programs on the Website and the Materials at any time without notice.

Primero Systems is under no obligation to monitor the material residing on or transmitted to the Website. However, anyone using this Website agrees that Primero Systems may monitor the Website contents periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the Website properly or to protect itself and its users. Primero Systems reserves the right to modify, reject or eliminate any material residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms of Use.

Indemnification

You agree to indemnify and hold us and (as applicable) our members, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Intellectual Property Complaints

Primero Systems respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive notification of Infringement, we promptly remove or disable access to the allegedly infringing material pending investigation and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that materials hosted by Primero Systems, including User Content, infringe your copyright, you may send Primero Systems a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Primero Systems to locate the material on the Website site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Primero Systems a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to this Website should be sent to: privacy@primerosystems.com. Primero Systems suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Forum and Applicable Law Clause

This Agreement and the relationship between you and Primero Systems shall be governed by the federal laws of the United States and the laws of the State of California. Any action relating to your use and access of this website shall be brought exclusively in the federal and state courts located in California and you expressly agree to be subject to the jurisdiction and venue of such courts.

General Information

Primero Systems reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Primero Systems reserves the right to seek all remedies available at law and in equity for violations of these Terms.

The failure of Primero Systems to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed therefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable, or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Primero Systems of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

© 2022 Primero Systems Inc. All rights reserved.