Terms of Service Agreement
Acceptance 0f Terms
The following Terms of Service Agreement (hereinafter the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with PYTESUSA, and our parent company and affiliates, in association with the use of the PYTES website, which includes pytesusa.com (the “Site”) and its Services, which shall be defined below.
Description of Website Services Offered
The Site is a brand website dedicated to promoting the PYTES brand in the North American Market.
Any visitors to our site, whether or not they are registered, shall be considered "users" of this TOS. Once an individual creates an account for register our Services, the user will then be considered a "Member".
The user or member acknowledges and agrees that the Services provided by PYTESUSA.COM, PYTESUSA various social media networking sites, other platforms and downloadable programs related to PYTES, are the sole property of PYTESUSA. Unless otherwise specified, PYTESUSA may offer additional website Services and/or products, or update, modify or revise any current content and Services at its discretion. And this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. PYTESUSA hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. The user or member acknowledges and agrees that PYTESUSA shall not be liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance. Accordingly, you should review this Agreement and all applicable terms and policies from time to time to ensure that you are aware of all terms and policies currently in effect. If you do not agree to the updated, modified, revised or amended terms, you must cease using the services provided.
Furthermore, the user and/or member understands, acknowledges and agrees PYTESUSA shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and any failure to store user content, communication or personalization settings.
You may be required to create an account by registering on PYTESUSA.COM in order to use certain services. Creating an Account and/or using the relevant Services, you should represent and warrant that
(i) You are at least 18 years old,
(ii) All required information you submit is truthful and accurate
(iii) You will update and maintain the accuracy of such information
(iv) Your use of the Services will not violate any applicable law, rule or regulation or this TOS.
(v) You are entirely responsible for maintaining the confidentiality of your account. You may not use any other user's account and/or give your account to any third party without authorization. PYTES will not be liable for any damage caused by these.
(vi) Temporarily or permanently sell, rent, borrow, or otherwise transfer your Account to any third party. You are solely responsible for any use of your account. We reserve the right, in our sole discretion, to suspend or terminate your account for any reason.
You are solely responsible for any activities and use of the PYTESUSA.COM and Services. You represent and warrant that
(i) Your activity and use of any of this Sites and/or Services will not violate any law, rule or regulation (including any laws regarding software or technology in the United States and other countries, etc.) or this TOS.
(ii) Should respond to any claim that therein contained content is in violation of the rights of any third party
(iii) Should respond to requests for customer service
(iv) Should protecting the rights, property or the personal safety of PYTESUSA, its visitors, users and members, including the general public.
(v) Should Not harass PYTES visitors, users and members, including the general public in any way
(vi) Should Not disrupt normal activities or PYTES Services, or negatively affect other users' participation in any real-time interaction in any way
(vii) Should Not upload, post, email, transmit or otherwise provide unsolicited or unauthorized advertising, promotional leaflets, "spam" or any other form of solicitation
(viii) Should Not upload, post, email, transmit or otherwise provide content may infringe any patent, copyright, trademark or any other proprietary or intellectual property right of any other party
(ix) Should Not interfere with, disrupt and/or limit the proper functioning of PYTESUSA.COM in any way, including but not limited to providing any source that may contain software viruses or other computer code.
(x) Should Not collect or store any personal data relating to any other member or user, and use it maliciously for improper gain
(xi) Should Not upload, post, email, transmit, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
(xii) Should Not impersonate any individual or entity, including but not limited to any PYTES employee, or otherwise misrepresent any affiliation with a person or entity.
Intellectual Property Rights & Copyright Policy
You hereby acknowledge and agree that the PYTES Services and any underlying software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property and other laws. In addition, you hereby acknowledge and agree that any content that may be contained in any advertising or information provided by our Services is protected by copyright, trademark, patent or other proprietary rights and laws. Accordingly, except as expressly permitted by applicable law, as authorized by PYTES and such applicable licensors, you agree not to alter, modify, lease, rent, lend, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiarized work based in whole or in part on the PYTES Services. PYTES will always respect the intellectual property of others and will never allow any unauthorized third party to infringe upon any of our intellectual property and we ask that all of our users to the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have been otherwise infringed, you should provide us with the following information:
(i) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
(iii) A description of the location of the site which you allege has been infringing upon your work;
(iv) The physical address, telephone number, and email address;
(v) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
(vi) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
Once verified, we will delete or prohibit access to materials that infringe any copyright from the website or through the service.
The Websites, Website Content, and Services are provided in strict accordance with the available basis without any express, implied or statutory warranties, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of intellectual property rights, accuracy, system integration, timeliness or satisfactory quality. We do not warrant that the use of website or service will be uninterrupted or error-free, that defects in the website, website content or services will be corrected, that our site, services or site content are free of viruses or other harmful components, or that our site content is accurate, reliable, complete or up-to-date. we do not warrant that our site, services or site content will meet your requirements or expectations.
You herein expressly acknowledge and agree that:
(i) Your use of PYTES services & Website & software is at your own risk.
(ii) Any information or material downloaded or otherwise obtained through PYTES services, Website or software shall be at your sole discretion and sole risk. You will be solely responsible for any damage to your computer system or network that may result the loss of downloading or uploading any website content or data.
(iii) Any suggestions and/or information, whether written or oral, that you obtain from PYTES or through our services or Website or software do not constitute any warranty not expressly specified in this TOS.
Limitation of Liability
You expressly acknowledge, understand and agree that PYTES and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages that may be associated with any loss of profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of the possibility of such damages. We shall not be liable for any damages resulting from:
(i) The use or inability to use our service
(ii) Any damage caused by your reliance on any website, website content or product or service
(iii) Unauthorized access to or the alteration of your transmissions and/or data
(iv) Statements or conduct of any such third party on our service
(v) And any other matters that may be related to our service
Third Party Content
PYTES does not investigate, monitor or review any Third-Party Content and is not responsible in any way for the accuracy, form or content of any Third-Party Content, or any products or services advertised or promoted, and is not responsible for your reliance on any Third-Party Content. However, PYTES reserves the right, in our sole discretion, to remove any or all Third-Party Content at any time, with or without notice, for any reason or no reason, in our sole discretion. We do not approve or endorse any third-party content, including any products or services advertised or promoted in such third-party content, and you agree that your access to third party content is entirely at your own risk.
All users and/or members herein agree to insure and hold PYTES, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of PYTES Services or your connection with these Services, your violations of the TOS and/or your violation of any such rights of another person.
PYTES reserves the right to modify, alter and/or discontinue our Services or any part thereof at any time it deems appropriate, whether temporarily or permanently, whether with or without prior notice. Further, we shall not be liable to you or any third party for any such changes, modifications, suspension and/or termination of our Services or any part thereof. If you do not agree to such changes, you must cease using the Site and Services. By using any of the Sites or Services, you agree to be bound by any such changes, and you should therefore periodically visit the Sites to check the Terms of Service in effect at that time. Please note that it is your responsibility at all times to update any email address you provide to us for your account. If the email address you provide to us is not valid, or if for any reason it is not possible to send you notice as described above, our sending of an email containing such notice will still constitute valid notice of the changes described in the notice.
As a member of PYTESUSA.com, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to firstname.lastname@example.org. You agree that PYTES may immediately suspend, terminate, discontinue and/or restrict your account, any email associated with your account, and access to any of our services without prior written notice. The reasons for such termination, suspension, discontinuance and/or restriction of access shall include, but not be limited to:
(i) Any violation or breach of our TOS or any other incorporated agreements, regulations and/or guidelines
(ii) By way of requests from law enforcement or any other government agencies;
(iii) Termination, modification and/or material alteration of our Services or any part thereof
(iv) Unexpected technical or security problems and/or issues
(v) Any prolonged period of inactivity
(vi) Your participation in any fraudulent or illegal activity
(vii) Failure to pay or delays in payment of any fees associated with your PYTESUSA.COM Account Service
Choice of Law and Forum
You and PYTESUSA mutually agree with respect to this TOS that the relationship between the parties shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and that any claim, action or dispute arising out of or relating to this TOS shall be filed in the courts of the State of California. You and PYTESUSA agree to submit to the jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction by such courts over the parties and venue in such courts.
Statute of Limitations
You acknowledge, understand and agree that any claim or cause of action arising out of or related to the use of our Services or TOS must be filed within 1 year after said claim or cause of action arose, or be forever barred.
Please report any and all violations of this TOS to PYTESUSA as follows: