All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or tot he PDBA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may view, download, print and retain a copy of pages from the Site provided that (1) your use of such information from the Site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information that you make shall retain all legal notices, copyright and other proprietary notices contained therein, (4) you make no modifications of such information and (5) you make no additional representations or warranties relating to such documents.
Intellectual Property Ownership
Your Use of the Site
You will not use any deep-link, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The PDBA reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any PDBA server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the PDBA, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree you will not take any action that imposes an unreasonable or disproportionately large load on the Sites infrastructure or the PDBA’s systems or networks, or any systems or networks connected to the Site or to the PDBA.
You agree not to use any device, software or routine to interfere or attempt to interfere with the Sites proper working or any transaction being conducted on the Site, or with any other persons use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the PDBA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Links to Other Sites
The Site may contain links to other independent third-party web sites (Linked Sites). Such Linked Sites are provided solely as a convenience to our visitors, and the PDBA may discontinue such convenience at any time. Such Linked Sites are not under the PDBA’s control, and the PDBA is not responsible for and does not endorse any Linked Site, including any information, content or materials contained on such Linked Sites. The PDBA does not endorse companies, products or services contained in Linked Sites. You need to make your own independent judgment regarding your interaction with these Linked Sites, and if you decide to access any Linked Sites, you do this entirely at your own risk.
The PDBA may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the PDBA’s rights or property, or the rights or property of visitors to or users of the Site, including the PDBA’s customers. The PDBA reserves the right at all times to disclose any information that the PDBA deems necessary to comply with any applicable law, regulation, legal process or governmental request. The PDBA also may disclose your information when The PDBA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that the PDBA, in its sole discretion and without prior notice, may terminate your access to the Site, for any reason, including but not limited to (1) requests for termination by law enforcement or other government agencies; (2) a request for termination by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.
Limitation of Liability
Except where prohibited by law, in no event will the PDBA, its licensors, its suppliers or any third parties mentioned on the Site be liable to you for any damages (including without limitation, indirect, consequential, exemplary, incidental or punitive damages), including lost profits, even if the PDBA, its licensors, its suppliers or any third party has been advised of the possibility of such damages.
Every effort has been made to ensure the accuracy of the information presented. However, the PDBA assumes no responsibility for and does not guarantee the accuracy of the information.
ALL CONTENT MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE PDBA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE PDBA DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITES AVAILABILITY WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE SOLELY AT YOUR RISK. THE PDBA SHOULD NOT BE HELD RESPONSIBLE FOR NEGLIGENCE OF ANY KIND INCLUDING NEGLIGENT REPRESENTATION AND/OR IN THE USE OF THIS SITE OR ITS CONTENTS.
You agree to indemnify and hold harmless the PDBA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys fees) made against the PDBA by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
Void Where Prohibited
The PDBA administers and operates the explorethepearl.com site from its location in Portland, Oregon, USA. Other PDBA sites existing now or in the future may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The PDBA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The Site may provide access to or information about the PDBA international data and, therefore, may contain reference or cross references to the PDBA products, programs and services that are not announced in your country. Such reference does not imply that the PDBA intends to announce such products, programs or services in your country.
Feedback and Information
Any general feedback you provide at the Site, for example through Contact Us, shall be deemed to be non-confidential. The PDBA shall be free to use such information on an unrestricted basis.
INFORMATION CONTAINED IN THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.