Welcome. By accessing the PERI website, you agree to be bound by these Conditions of Use. These Conditions of Use also govern the use by any Designated Users of myPERI pursuant to a License Agreement for Access to myPERI.
By visiting the PERI website or myPERI, you agree that these Conditions of Use, as amended from time to time, supplement any terms and conditions in any agreement you have with PERI, including any License Agreement for Access to myPERI. Except as to any provisions for choice of law, venue and jurisdiction found in your License Agreement, which terms shall supplant any terms herein, in the event of any contradiction, inconsistency or variance between the provisions of any other agreement between you and PERI or your License Agreement for Access to myPERI and these Conditions of Use, these Conditions of Use shall take precedence.
The entire contents of and each article and abstract and all other material available through the PERI website and myPERI are protected by copyright (unless otherwise indicated on the title page of the article).
Except as otherwise permitted under these Conditions of Use, you may not (a) use the PERI website and/or myPERI for any purpose other than those permitted under these terms or, if applicable, a License Agreement for Access to myPERI; (b) reverse engineer, decompile, or disassemble the PERI website and/or myPERI; (c) sell, rent, lease, lend, distribute, market or create a lien or security interest in the access rights granted under these terms; (d) sublicense or otherwise transfer the access rights granted thereunder; (e) remove or obscure any proprietary notices, labels, brandings, or markings included on the PERI website and/or myPERI; (f) use the access rights to provide services to third parties, sell, sublicense or otherwise commercialize outputs derived or realized from your use of the PERI website and/or myPERI; (g) download, print, copy, circulate, publish, reproduce, or otherwise commercially exploit PERI information or Electronic Content that is part of or accessible from the PERI website and/or myPERI; (h) use the PERI website and/or myPERI to send spam or otherwise unlawful email messages; (i) use the information or Electronic Content obtained from the PERI website and/or myPERI to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy or intellectual property rights; (j) knowingly use the PERI website and/or myPERI to send or store material containing any harmful computer code; (k) knowingly interfere with or disrupt the integrity or performance of all or any part of the PERI website and/or myPERI; (l) attempt to circumvent the security features or otherwise gain unauthorized access to unauthorized portions of the PERI website and/or myPERI; (m) modify, copy or create derivative works from any code from the PERI website and/or myPERI; or (n) disassemble, reverse engineer, or decompile any code for any part of the PERI website and/or myPERI in order to build for non-internal purposes, a product or service that is competitive with the services provided by PERI.
SPECIFIC RULES OF USE FOR myPERI
myPERI is only available to Designated Users. Designated Users will be provided a logon identifier and password via electronic mail, which he or she shall change immediately after receipt of the necessary log-in data. (Designated Users must ensure that electronic mail sent by PERI are received and not directly forwarded to the spam folder or are automatically deleted).
No Designated User may allow third parties or persons not employed by Customer access to myPERI by means of his or her logon identifier and password.
Subject to the terms of the License Agreement, Designated Users will have access to Electronic Content within myPERI that relates to Customer projects.
Designated Users may download, search, retrieve, display, view, copy and print copies of Electronic Content subject to these Conditions of Use. Except as provided above, Designated Users may not download, copy, distribute, transmit or otherwise reproduce, sell or resell any Electronic Content; nor store any Electronic Content in any form or medium on or in any retrieval system; nor transmit such material, directly or indirectly, for use in any paid service such as document delivery or listserv, nor for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use, or for a fee or free of charge.
Designated Users agree not to remove, obscure or modify any copyright or proprietary notices, author attribution or any disclaimer as they appear on myPERI. Designated Users may not integrate Electronic Content with other material, nor otherwise create derivative works in any medium.
Designated Users may not do anything to restrict or inhibit any other Designated User's access to or use of myPERI and the Electronic Content.
If a Designated User refuses or fails to abide by these Conditions of Use or violates any other terms of the License Agreement, PERI reserves the right in its sole discretion to suspend or terminate access to myPERI and the Electronic Content immediately without notice, in addition to any other available remedies.
Designated Users shall not have the right to incorporate any Electronic Content into any institutional or other repository under any circumstances without PERI’s prior written approval.
You are solely responsible for authenticating and administrating all Designated Users’ identifications and passwords and for all their activities occurring through your account for access rights/license to myPERI. You shall: (a) use commercially reasonable efforts to prevent unauthorized access to or use of myPERI through your password and notify PERI promptly of any such unauthorized use that you become aware of; and (b) comply and ensure that your colleagues, employees and non-employee personnel and contractors comply with these Conditions of Use and any subsequent terms imposed by PERI with respect to access to myPERI, as well as all laws, rules and regulations applicable to your use of myPERI.
Subject to the terms of the License Agreement, PERI reserves the right to either expand or to reduce, at any time, the range of Electronic Content made available through myPERI. PERI further reserves the right to change the functions and the manner of functioning of myPERI and to expand or to supplement the range of services offered therein. PERI makes every effort to adjust and update, punctually and fully, the Electronic Content available on myPERI. PERI, however, is under no legal obligation to adjust or update these items of content or project data, individually or all together, at fixed intervals of time from the date of their being made available onward. PERI accepts no liability for the accuracy or timeliness of the Electronic Content(s) of the Online Portal myPERI.
To the extent set forth in your License Agreement, necessary layout drawings and/or assembly drawings for the application of PERI materials for a particular project may be available to you on myPERI for inspection and downloading (hereinafter “myPERI drawings””).
Unless noted otherwise, myPERI drawings will be based on ACI-347 design standards. myPERI drawings, as well as any manuals, furnished by PERI are provided to conceptually illustrate the assembly of PERI material only. Manuals and myPERI drawings are neither intended to be fully directive nor cover engineering details for PERI’s material or materials not furnished by PERI. myPERI drawings do not include reshoring/backshoring calculations and/or drawings, which are Customer’s sole responsibility. All PERI-supplied drawings are based upon information provided by Customer and/or others and it is Customer’s responsibility to use PERI’s material in accordance with safe engineering and construction practices and applicable law. PERI provides its material to sophisticated end users and it does not control assembly or procedures at the project site, or the grade or quality of materials or equipment supplied by third parties and, therefore, it is Customer’s responsibility to integrate the myPERI drawings into composite drawings suitably complete for construction purposes. Customer shall review the myPERI drawings supplied by PERI for any discrepancies or non-conformities, and in the event of any discrepancies or non-conformities, Customer must notify PERI within 3 working days after the submission of the myPERI drawings by PERI. Customer’s failure to provide timely written notice shall constitute a waiver of any and all claims, directly or indirectly, related to the delivery of myPERI drawings with discrepancies or non-conformities and it shall be conclusively presumed that Customer has fully inspected the myPERI drawings, the Customer deems the myPERI drawings satisfactory and acceptable in all respects. PERI is not liable for any changes by others made to or deviations from any myPERI drawings supplied hereunder. PERI is not liable for the accuracy of myPERI drawings to the extent altered by anyone other than PERI or based upon inaccurate or otherwise non-conforming information provided to PERI on which the myPERI drawings are based.
myPERI drawings are valid if and as long as they are visible in myPERI. myPERI drawings become invalid if they are removed from myPERI, if they are declared to be invalid or if the Customer cannot open or access them in myPERI. If new versions of already existing myPERI drawings are uploaded to myPERI, the new versions replace the previous ones. By uploading another version to myPERI, the old versions become invalid.
When a new myPERI drawing become available on myPERI, PERI will alert the Customer by electronic mail within about sixty (60) minutes after making the new myPERI drawing available. Once available, additional copies of drawings can be mailed or otherwise delivered to Customer, the costs of which may be invoiced to Customer.
RESERVATION OF RIGHTS/OWNERSHIP
ALL RIGHTS IN THE PERI WEBSITE AND myPERI NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PERI. The PERI website and myPERI may be protected by United States and international copyright laws and treaties, as well as patent and other intellectual property laws and treaties. Except for the rights granted by PERI hereunder, as between the parties, all title, copyright, patent and other proprietary rights, including trade secrets (if any), in and to all Electronic Content and related to the PERI website and myPERI are owned solely and exclusively by PERI.
PERI reserves the right to store the access history of Customer, including, but not limited to, logon history, download history, for the PERI website and myPERI for a period of time. PERI has no obligation to share this access history absent a court order or agreement to do so.
PERI's logo is a registered trademark of PERI. The logo is protected by law and may not be used without PERI's express written permission. PERI retains the exclusive right to grant or refuse permission to use its logo. Any other logos and brand names displayed on the PERI website or myPERI are the exclusive intellectual property of their respective owners. To the extent applicable, these items are licensed to PERI but remain the property of their respective owners.
ACCURACY OF INFORMATION
While all reasonable attempts have been made to ensure the accuracy of information on the PERI website and myPERI, PERI is not responsible for any errors, inaccuracies, or incomplete information contained therein. PERI reserves the right to correct, change, or update any information on these sites at any time without prior notice.
You use the PERI website and myPERI at your own risk. The materials on the PERI website and myPERI are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible, pursuant to applicable law, PERI and its affiliates disclaim all warranties of merchantability and fitness for a particular purpose, and of accuracy of informational content. PERI does not warrant that the functions contained in the PERI website or myPERI will be uninterrupted or error free, that defects will be corrected, or that it or the server that makes it available are free of viruses or other harmful components.
PERI and its employees, directors, officers, agents, vendors, or suppliers will not be liable for any losses or direct, indirect, incidental, consequential, exemplary, or punitive damages arising out of or in connection with the use of or the inability to use the PERI website and myPERI.
PERI is not responsible for any charges associated with accessing the PERI website and myPERI, including, but not limited to, any computer equipment, telephone or Internet connections and access software.
PERI may modify any of these terms and conditions at any time. A visitor’s continued use of the PERI website and/or myPERI shall be conclusively deemed acceptance of such modifications.
The PERI website and/or myPERI may provide links to third-party websites. Where such links exist, PERI disclaims all responsibility and liability for the content of such third-party websites. Visitors assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on them.
If you are dissatisfied with the PERI website and/or myPERI, or with these Conditions of Use, your sole and exclusive remedy is to discontinue using the sites and, if applicable, terminate the License Agreement pursuant to the termination clause therein.
PERI makes no representation or warranty that the PERI website or myPERI or the information contained therein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any visitor accessing the PERI website or myPERI from outside the United States does so at his or her own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.
Information on the PERI website and/or myPERI may contain references or cross references to PERI products, programs, and services that are not announced or available in your country. Such references do not imply that PERI intends to announce such products, programs, or services in your country.
Unauthorized use of images from PERI websites or myPERI to create buttons or to highlight links to PERI is strictly prohibited. Unauthorized use of screen shots of pages from myPERI or on other PERI websites is strictly prohibited, without written permission from PERI.
You are prohibited from violating or attempting to violate the security of the PERI website and/or myPERI. You may not, directly or indirectly through others: (a) Access data not intended for you or log into a server or account that you are not authorized to access; (b) Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) Attempt to interfere with service to any user, host, or network, including, without limitation, submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) Send unsolicited email, including promotions or advertising of products or services, to email addresses accessed through the site; (e) Forge any any part of the header information in any email or newsgroup posting; (f) Use any device, software, or routine to interfere or attempt to interfere with the proper working of the PERI website and/or myPERI, or of any activity conducted on or through the site; or (g) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate through or search the PERI website and/or myPERI.
Any action that imposes an unreasonable or disproportionately large load on PERI infrastructure is prohibited. Violations of system or network security may result in civil or criminal liability. PERI will investigate such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
TERMINATION OF USE
CONFIDENTIALITY AND SECURITY.
You acknowledge that you may have access to Confidential Information of PERI. “Confidential Information” means any non-public information disclosed by PERI to you in connection with the PERI website and/or myPERI that is disclosed in writing, orally or by inspection and is identified in writing or orally during disclosure as “Confidential” or “Proprietary” or which you have reason to believe is treated as confidential by PERI. “Confidential Information” shall not include information that you can demonstrate: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than you; (b) was known to you as of the time of its disclosure; (c) is independently developed by you without use of the PERI’s Confidential Information; or (d) is subsequently learned from a third party that, to your knowledge, is not under a confidentiality obligation to the disclosing party. You agree that the PERI website and/or myPERI, including all software code pertaining thereto, is Confidential Information of PERI and may contain proprietary information and trade secrets. You agree that you will not disclose to any third party any Confidential Information other than as expressly permitted under these Conditions of Use. Notwithstanding anything to the contrary herein, you may disclose Confidential Information pursuant to the requirements of a court or governmental agency or by operation of law, provided that you give PERI reasonable prior written notice sufficient to permit PERI to contest such disclosure or seek a protective order.
PERI represents and warrants that (a) the services provided by PERI hereunder will not violate or infringe any United States registered patent or copyright; (b) PERI maintains industry standard and protocols and procedures designed to (i) prevent unauthorized access to the PERI website and/or myPERI, (ii) prevent disabling devices including, but not limited to, codes, commands or instructions that may be used to access, alter, delete, damage or disable the PERI website and/or myPERI; and (c) PERI has not received written notice that the PERI website and/or myPERI violates any laws applicable to PERI’s business.
PERI OBTAINS DATA FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS ARE NOT GUARANTEED. DATA MAY CONTAIN NONCONFORMITIES, DEFECTS, ERRORS OR OMISSIONS. THE LIMITED WARRANTY CONTAINED IN THIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN EXPRESSLY MADE ABOVE, CUSTOMER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, RELIABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE INTERNET IS NOT ALWAYS SECURE AND MAY SOMETIMES GIVE RISE TO SECURITY RISKS. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND ANY PAYMENT OBLIGATIONS ARISING FROM THE LICENSE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF myPERI, WHETHER IN AN ACTION OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION (SUCH AS THE USE OF OR INABILITY TO USE THE PERI WEBSITE AND/OR myPERI AND/OR DATA, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY ATTENDANT SUPPORT SERVICES), EVEN IN THE EVENT OF FAULT, NEGLIGENCE OR MISREPRESENTATION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. Customer shall defend, indemnify and hold PERI, including its directors, officers, employees and agents, harmless against any damages, losses, liabilities, penalties, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any third party claim relating to the Customer‘s breach or alleged breach of any of its representations, warranties, covenants or obligations under these Conditions of Use or relating to the Customer‘s failure to comply with any law or regulation applicable to the PERI website and/or myPERI.
If any provision of these Conditions of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of PERI, and the remainder of the Agreement will remain in full force and effect.
Any dispute arising from these Conditions of Use, or your use of myPERI or the PERI website are subject to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and you agree that you have waived your right to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and PERI concerning the PERI website, myPERI, or these Conditions of Use, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of PERI’s Intellectual Property Rights. The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Maryland and will be governed by Maryland law without regard to conflicts. These Conditions of Use govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. You must file in arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it is permanently barred.
PERI GmbH with its headquarters in Germany, 89264 Weißenhorn, Rudolf-Diesel-Straße (hereinafter referred to as “PERI”) provides entrepreneurs and consumers (hereinafter referred to jointly as “Users”) under the domain www.peri.com with a website (herein referred to as “PERI Website”).
A. PERI General Terms and Conditions
(a) Not maintained by Customer in accordance with PERI’s applicable instructions/manuals and industry standards;
(b) Has been modified from its original condition following delivery;
(c) Damaged by use of unsuitable components, parts, chemicals, or other materials not supplied by PERI with the
Material, or negligent use or faulty operation of the
Material by Customer; or
(d) Any damages caused by errors on the part of the Customer in not providing suitable premises in that the Material is to be stored or adequate protections against influences within or outside the premises that may affect the Material or its operation.
Back charges will not be accepted by PERI attendant with any defects in Material or services unless PERI has agreed to such charges in writing.
(a) the Material is used and maintained by Customer in accordance with PERI’s applicable instructions/manuals and/or industry standards;
(b) the Material has not been modified from its original condition;
(c) Customer gives prompt written notice to PERI before the end of the warranty period specifying all alleged defects in the Material purchased; and
(d) Customer preserves and turns over to PERI or permits reasonable inspection by PERI of all allegedly defective Material, parts or items.
This warranty shall not cover (i) any defects arising from corrosion, abrasion, use of components, parts, chemicals, or other materials not supplied by PERI with the Material, or negligent use or faulty operation of the Material by Customer, (ii) ordinary wear and tear, or (iii) any defects caused by errors on the part of the Customer in not providing suitable premises in which the Material is to be stored or adequate protections against influences within or outside the premises that may affect the Material or its operation.
UNLESS OTHERWISE EXPRESSLY STATED IN ANY DOCUMENT ATTACHED TO THESE GENERAL TERMS AND CONDITIONS, THIS WARRANTY OF MATERIAL AND WORKMANSHIP IS THE ONLY WARRANTY MADE BY PERI AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND PERI DISCLAIMS ON BEHALF OF ITSELF, ITS VENDORS AND SUPPLIERS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE (OTHER THAN THE PURPOSE STATED IN THE CUSTOMER'S SPECIFICATIONS SET FORTH IN THE AGREEMENT), SUITABILITY OR PERFORMANCE.
PERI's obligation under this warranty and any other warranty or guarantee that is part of the Agreement is strictly and exclusively limited to furnishing repairs or replacements for Material or parts determined to be defective on inspection by an authorized representative of PERI. PERI assumes no responsibility and shall have no liability for any repairs or replacements by Customer without PERI's prior written authorization.
If the Customer discovers a defect in the Material, Customer shall advise PERI as soon as possible after a problem is detected by telephone, followed by written confirmation, fax or e-mail, giving detailed information of the alleged defect and the reason that it is considered PERI's responsibility. PERI and Customer will then mutually agree to a reasonable response time. PERI will have access to any job site to inspect and review with the Customer any alleged defect when PERI believes such a visit is necessary. Back charges will not be accepted by PERI attendant with any defects in Material unless PERI has agreed to such charges in writing.