Updated on April 3, 2020.
PetersenWest, LLC. (“ PetersenWest”) provides this website, PetersenWest.com, and a newsletter currently titled, “Designed by PetersenWest” and delivered by email to subscribers on a monthly basis (the “Newsletter”) (together, the website and the Newsletter may be referred to as the “Website”) for informational purposes.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions as well. PetersenWest retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, PetersenWest. PetersenWest expressly prohibits the copying of any protected materials on the Website.
Commercial Use is Restricted
Unauthorized publication or exploitation of PetersenWest’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any other purpose must request and receive prior written permission. All requests to reproduce content from the Website should be made with [email protected]
Reservation of Rights
All rights not expressly granted by PetersenWest herein are specifically and completely reserved. Nothing on the Website or in these Terms and Conditions grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that PetersenWest has authority to grant any right or license on behalf of any third party.
“PetersenWest” is a trademark of PetersenWest (the “ PetersenWest Trademark”). You may not use the PetersenWest Trademark without PetersenWest’s prior, written permission in each case.
The names, titles, trademarks, service marks, and logos of third parties on the Website from time to time are registered and unregistered marks of those third parties; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, any right or license to use the PetersenWest Trademark or may be construed to mean that PetersenWest has authority to grant any right or license on behalf of any third party trademark owner.
Protection of Privacy
PetersenWest is committed to protecting the privacy of its Website visitors in accordance with applicable laws and regulations.
PetersenWest collects and stores aggregated, anonymized or pseudonymized information about your activity on and interaction with the Website, such as your IP address, the type of device or browser you use, and your actions on the Website. If you sign up for the Newsletter, PetersenWest also collects and stores your email address.
PetersenWest uses the information it collects for the following purposes:
To track and analyze use of the Website so PetersenWest can provide users with the best experience possible.
To communicate with you via the Newsletter.
PetersenWest will indefinitely retain the aggregated, anonymized or pseudonymized information PetersenWest collects from you to protect the safety and security of the Website, improve the Website, or comply with legal obligations. PetersenWest will also retain your email addresses for as long as you are subscribed to the Newsletter. You will always have the opportunity to unsubscribe from future Newsletter correspondence.
PetersenWest may share the information with certain trusted third-party services to help provide, improve, promote, or protect the Website or the Newsletter. When PetersenWest shares information with third-party services that support its delivery of the Newsletter, PetersenWest requires that they use your information only for the purposes PetersenWest has authorized, and that they protect your information at least to the same standards PetersenWest does. PetersenWest may also share information that has been aggregated and anonymized in a way so it does not directly identify you.
Links to Third-Party Websites
PetersenWest has not reviewed all the websites or services linked to or from the Website. PetersenWest provides these links as a convenience and linking to any third-party websites or services is at the user’s own risk. A link does not imply endorsement or affiliation with the linked website by PetersenWest.
PETERSENWEST PROVIDES THE WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER, IS AT YOUR OWN RISK. PETERSENWEST 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, COPYRIGHT OR TRADEMARK OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. PETERSENWEST DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. PETERSENWEST MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. PETERSENWEST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE WEBSITE’S CONTENT OR THE NEWSLETTER.
LIMITATION OF LIABILITY
NEITHER PETERSENWEST, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PETERSENWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER.
By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold PetersenWest, its affiliates, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website.
Venue and Choice of Law
The Terms and Conditions and any counterparts, amendments, or revisions thereto will be governed and construed in accordance with the laws of the State of Utah, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to the Terms and Conditions will be brought in ay Federal or State court located in Utah County and the State of Utah, and you hereby waive any objection that you may have to personal jurisdiction in these courts.
Entire Agreement; Severance; Waiver
These Terms and Conditions incorporate by reference any notices on the Website and/or Newsletter and constitute the entire agreement regarding user access to the Website. If any provision of the Terms and Conditions -is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. PetersenWest’s failure to enforce a provision on any occasion will not be construed as a waiver of such provision.