Terms of Use

Last Updated: June 2005

Welcome to PAQ Services Inc.'s website, www.paq.com (the "Site").

These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site, so please read them carefully.

The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with PAQ Services, Inc. ("PAQ") for other products or services. If you have any questions regarding the use of the Site, please .

PAQ reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting. Notice of such changes will be indicated by the date at the top of the Site Terms. Your continued use of this Site after changes or modifications are posted will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SITE.

Privacy Statement

We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using our Site. Our Privacy Policy can be accessed from the bottom portion of the Site home page, www.paq.com.

Other Policies or Agreements

You acknowledge and agree to comply with all terms, conditions, and policies associated with the Site and the various services included therein, including any additional terms that may apply to specialized reports accessible via the Site. Such additional terms are hereby incorporated by reference.

License and Site Access

PAQ grants you a limited license to use the Site for your personal and internal business purposes only, and solely on terms consistent with these Site Terms and any incorporated agreements. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein (except as permitted by the express written consent of PAQ); (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents (including, without limitation, any documents); or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of PAQ or any third party.

You may not use, frame, or use framing techniques to enclose any PAQ trademark, logo, or other proprietary information (including the images found at this Site, the content of any text, or the layout/design of any webpage or form contained on a webpage) without PAQ's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a PAQ name, trademark, or product name without PAQ's express written consent.

Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site’s content, and the services. Such unauthorized use may violate applicable state and federal law, including without limitation copyright laws, trademark laws (including trade dress), other intellectual property laws, trespass and communications laws, regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the PAQ logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof, are ALL RIGHTS RESERVED Copyright © 1995-2010 PAQ Services, Inc., and/or its licensors. Except as stated in these Site Terms or an incorporated agreement, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PAQ or the respective copyright owner. Permission is granted to display, copy, distribute, and download the Materials on this Site for internal business purposes only; provided that, you may not, without the written permission of PAQ or the respective copyright owner: (a) copy, publish, or post any Materials on any computer network (other than is consistent with your internal business purposes) or broadcast or publications media, (b) modify the Materials, (c) remove or alter any copyright or other proprietary notices contained in the Materials, or (d) reproduce, copy, or distribute graphics from the Site.

Copyright Complaints. PAQ respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide PAQ's copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PAQ's Copyright Agent for notice of claims of copyright infringement on this Site is Jacque Higgins-Rosebrook, who can be reached as follows:

David J. Thomsen, PhD, ASA, CCP.
PAQ Services, Inc.
11 Bellwether Way, Suite 107
Bellingham, Washington 98225
Phone: (800) 292-2198
Fax: (877) 395-0236

Trademarks and Service Marks

PAQ’s software programs and products, including all Updates (collectively the "PAQ product") is Copyright © 1995-2010 PAQ Services, Inc. ALL RIGHTS RESERVED. The PAQ product is protected by United States and international copyright laws. The enhanced Dictionary of Occupational Titles® ("eDOT")™ is the trademark of PAQ’s licensor, ERI Economic Research Institute, Inc.

The logos, marks, trade names, and the products and services described in this Site are either trademarks, service marks, or registered trademarks of PAQ or its licensors. Such marks may not be copied, imitated or used, in whole or in part, without the prior written permission of PAQ or its licensors. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and related scripts) are service marks, trademarks, and/or trade dress of PAQ, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAQ. All other trademarks, registered trademarks, product names, and PAQ names or logos mentioned herein, are the property of their respective owners.

Abuse of the Site or Services

We have the right, but not the obligation, to monitor any activity, information, or content associated with the Site and its services. We may investigate any reported violation of its policies or complaints and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating service, and/or removing information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc. ), IP address, traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

Linking

You may not use a PAQ logo or other proprietary graphic or trademark of PAQ to link to this Site without the express written permission of PAQ. If granted to you by PAQ, this limited right may be revoked by PAQ at any time. PAQ makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from this Site or websites linking to this Site. PAQ is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by PAQ of the site or any information contained therein. When leaving the PAQ site, you should be aware that PAQ's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

Submissions

You agree that any materials submitted to public areas of this Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information provided by you in the form of e-mail or submissions to PAQ, or postings on the Site in public forums, are non-confidential and shall become the sole property of PAQ. PAQ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to PAQ, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimers

"AS IS" BASIS
THIS SITE, THE MATERIALS CONTAINED THEREIN, THE PRODUCTS AVAILABLE FOR PURCHASE, AND THE PRODUCTS AVAILABLE FOR LICENSE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING THE PRODUCTS PROVIDED ON THE SITE, AND ALL OTHER CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER
PAQ DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. PAQ DOES NOT REPRESENT OR WARRANT THAT THE SITE OR MATERIALS THEREIN WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE PAQ ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, PAQ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE PRODUCTS ACCESSIBLE FROM OR THROUGH THE SITE, OR PAQ’S SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PAQ reserves the right to change any and all content contained on this Site at any time without notice. Unless otherwise expressly indicated, reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PAQ. No information made available on the Site is for the purpose of providing legal, accounting, or consulting advice.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PAQ BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, THE MATERIALS CONTAINED THEREIN, THE PRODUCTS CONTAINED THEREIN, OR MATERIALS ACCESSED THROUGH THIS SITE.

YOU AGREE THAT PAQ’S AND ITS AFFILIATES’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE PRODUCTS PROVIDED THEREIN, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU, IF ANY, FOR THE USE OF THE SITE OR THE PRODUCTS PROVIDED THEREIN.

YOU HEREBY RELEASE PAQ AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING TWO PARAGRAPHS MAY NOT APPLY TO YOU.

Applicable Law and Venue

You and PAQ agree that this Agreement will be governed by the laws of the State of Washington, USA without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in King County, Washington, USA. You and PAQ irrevocably consent to the jurisdiction of such courts.

General Terms

The terms and conditions set forth in this Agreement constitute the final, complete, and exclusive agreement with respect to your use of the Site and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, any prior or contemporaneous representations, or any additional terms. Notwithstanding any of these terms and conditions, PAQ reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.