PEZ Terms of Service

Process Engineering Zone Cooperative provides a service (“PEZ”) that is subject to the following terms and conditions.

Access

Access is managed by PEZ Cooperative members. Adaptive Web Engineering, PEZ‘s founding member reviews membership applications and members facilitate customer access according to the terms of their PEZ Customer Agreements.

Privacy

PEZ is dedicated to safeguarding your information. Your account and all your documents on PEZ are password protected, and no one will be able to access your data unless you grant them permission.

Security

PEZ servers are housed in state-of-the art secured datacenters with redundant power and internet connectivity. PEZ employs commercially reasonable precautions to maintain the security of the system, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. PEZ also protects information with the HTTPS security protocol during transmission to your web browser. Of course, PEZ cannot protect any information after it has left PEZ.

Your Representations and Obligations

Proper Use

You agree to comply with the terms and conditions of this Agreement and with all applicable local, state, national and international laws and regulations and all Internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through PEZ. You agree that you will not use PEZ for illegal purposes, to disrupt to PEZ, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that PEZ reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through PEZ.

PEZ's Rights and Disclaimers

Relationship to Information

Unless PEZ is named as a direct party, PEZ’s relationship to all information and transactions completed using PEZ is that of a trusted, disinterested third party. Accordingly, PEZ disclaims any representations of any kind regarding the documents or transactions that pass through PEZ. You are responsible for recognizing the parties of interest in all transactions you complete using PEZ and assessing all associated risks.

Maintenance

PEZ will occasionally be unavailable during system maintenance and upgrades. PEZ will make commercially reasonable efforts to ensure that PEZ will be available. However, PEZ disclaims all responsibility for any interruptions or problems with PEZ caused by external forces affecting the reliability of the Internet or computer systems.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEZ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PEZ HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH PEZ WHERE PEZ WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE PEZ, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO PEZ. PEZ’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING PEZ UNDER THIS AGREEMENT.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF PEZ IS AT YOUR SOLE RISK. PEZ PROVIDES PEZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PEZ DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) PEZ WILL MEET YOUR REQUIREMENTS; (ii) PEZ WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE PEZ WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA PEZ WILL REMAIN ACCESSIBLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PEZ IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEZ, OR THROUGH OR FROM THE PEZ WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property Rights

You acknowledge and agree that PEZ owns all rights, title and interest in PEZ and the PEZ web site(s), including, without limitation, all intellectual property rights, proprietary and confidential information and trade secrets including, but not limited to PEZ common data, text, graphics, icons, logos, images, interfaces, processes and software, that are protected by U.S. and international intellectual property laws and applicable laws. Web sites created using PEZ retain confidential information, proprietary, rights and trade secrets not part of PEZ including, but not limited to data, graphics, text, icons, images and logos.

PEZ Services

Service: Requirements

Use of PEZ requires a standards-compliant web-browser which supports the HTTPS protocol, HTML, and cookies, where attachments may require additional software.

General Provisions

Entire Agreement

This Agreement constitutes the entire agreement between you and PEZ and governs your use of PEZ.

Indemnification

You agree to hold harmless and indemnify PEZ and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of PEZ, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.

Severability and Waiver

If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, you and PEZ nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by PEZ to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.

Choice of Law

This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and PEZ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kittitas, Washington.