Terms and Conditions
Picerne Military Housing, LLC Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR REGISTER AS A SITE REGISTRANT. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE, AND PLEASE DO NOT REGISTER AS A SITE REGISTRANT.
1. Your AgreementThese Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and us, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, if you affirmatively sign up as a Site Registrant, during the submission process (and from time to time as we may require), you will be prompted to click an “I Accept” button, which further confirms your agreement to be legally bound by these Terms.
2. Components of Our Website; Protecting Your PasswordOur Website is divided into two, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the “General Site”); and (ii) those areas that are available only to our Site Registrants (the “Registration-Only Areas”). We may require you to access our Registration-Only Areas with a password. Please keep in mind that we will treat as “you” anyone who uses your password to access the Registration-Only Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the services and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
3.1 Access Rights. You are granted the right to access the Website for purposes of (i) learning more about our products and services; (ii) requesting our information, products and services; (iii) submitting your Employment Information for jobs at Picerne; and (iv) exchanging information via Registration-Only Areas, in accordance with the functionality provided by the Site (collectively, “Permitted Purposes”). You agree and acknowledge that you are prohibited from using the Website or Site Content for anything other than Permitted Purposes.
3.2 Additional Rights. In addition, you are granted the right to print out a reasonable number of pages from our Website, and circulate to interested parties a copy of these pages, provided that (a) you use – and ensure others with whom you share copies use – the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website.
3.3 Restrictions on Use Purposes. Apart from your express rights under Section 3.1(Access Rights) and Section 3.2 (Additional Rights), you may not use, copy, modify, distribute, or access our Website, or any Site Content that we have made available on the Site.
4. Picerne Ownership; Reservation of RightsAll information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, except for the Submitted Content we license from you under Section 8 (Submitted Content) (collectively, “Site Content”), including all associated intellectual property rights, are the property of Picerne and its licensors, and are protected by copyright and other intellectual property laws. We use this Site Content based on our ownership, on licenses from third parties and on principles of “fair use.” As between the parties, Picerne retains all rights with respect to the Website and Site Content except those expressly granted to you in Section 3 (Grant of Rights) above.
5. Links to Third-Party SitesThe Website may contain links or produce search results that reference links to third party Websites (collectively “Linked Sites”, or “Links”). For example, our Site includes links to the third-party website MilitaryHomeLink.com. These Terms do not apply to third-party websites such as MilitaryHomeLink.com. Picerne has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. We do not endorse the content of any Linked Site, nor do we warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of ConductAs a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Seek to obtain access to any materials, information or Site Content through “hacking” or through other means we have not intentionally made available to you through the Website.
- Pretend or falsely claim to be authorized to act on behalf of a third party.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, unlawfully harassing, or infringing.
- “Scrape,” “harvest” or otherwise employ automated tools to collect Site Content from the Website, beyond the permissions granted in Section 3 (Grant of Rights).
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
7. Revocation or Suspension of Use PrivilegesWe reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8.1 User Content. If you post User Content to our Website, by electronic mail or otherwise, we will treat the Content as non-confidential and non-proprietary to you. By posting User Content on the Website (if such features are available to you), you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, “Use Rights”). Moreover, in posting this User Content to our Website, you warrant that you have sufficient authority and right to post the content and provide these Use Rights.
8.3 Employment Applications. In the Employment section of our Website, we invite you to apply for employment opportunities with us by submitting your Contact Information, Employment Information, resume, and other similar kinds of data. We may use this information to evaluate your application for particular jobs or to determine whether you may be qualified for positions with our company. Because we receive a large volume of applications through our Website, we do not guarantee that we will read or review the information you submit to us or that we will contact you after you submit your information or apply for a position via the Site.
9. Warranty DisclaimerPicerne does not promise that the Website, including any Registration-Only Areas, will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search or link on the Site. The Site, and all services on the Site, are delivered on an “AS IS” and “AS AVAILABLE” basis. Picerne does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. PICERNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PICERNE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR USE OF THE GENERAL SITE, OR (II) YOUR USE OF A REGISTRATION-ONLY AREA.
11. IndemnityYou agree to defend, indemnify and hold Picerne and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright InfringementPicerne respects the intellectual property rights of others and requires that its users do the same. If you believe that any Site Content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”), to respond to such concerns, as follows:
|Address:|| 1405 South County Trail|
East Greenwich, RI 02818
13. Additional Terms for Certain Services or SitesCertain Registration-Only Areas or other services may be subject to additional or different terms and conditions. We will notify you if the Site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Sites or services if you do not agree with the differing terms and conditions.
14. Picerne EmployeesEmployees of Picerne are subject to these Terms, as well as any other policies that apply to Picerne employees. To the extent these Terms conflict with other policies that apply to Picerne employees, those policies control.
15. Modifications to These TermsIf we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
16. AssignmentThese Terms shall not be assignable by you, either in whole or in part. Picerne reserves the right to assign its rights and obligations under these Terms.
17. GeneralThese Terms shall be governed in all respects by the laws of the State of Rhode Island without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the judicial district that includes Rhode Island. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Picerne’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Picerne and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
18.1 Contact Information. The term “Contact Information” means the information you provide to us over the Site that would allow us (or others) to identify and contact you, consisting of your name, mailing address, telephone number, email address, and other contact information.
18.2 Employment Information. The term “Employment Information” means information submitted by a User to enable us to determine whether the User is qualified for an employment opportunity with us. This information includes, but is not limited to, educational background, professional skills, prior work experience, salary requirements, relocation preferences, and work authorization status. Employment Information does not include Contact Information.
18.3 Personal Information. The term “Personal Information” means the information you provide to us over the Site that could reasonably be used to identify you, including your Contact Information and Government-Issued Identification Information (such as a Social Security Number or United States passport number).
18.5 “User” or “user” means either a Site Visitor or a Site Registrant, as the case may be.
19. SurvivalThe following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section 4 (Picerne Ownership; Reservation of Rights)
- Section 8 (Submitted Content) (with respect to Use Rights)
- Section 9 (Warranty Disclaimer)
- Section 10 (Limitation of Liability)
- Section 11 (Indemnity)
- Section 16 (Assignment)
- Section 17 (General)
- Section 19 (Survival)
20. Contact UsYou may contact us for any reason at the following addresses:
|Address:|| 1405 South County Trail|
East Greenwich, RI 02818