Welcome to the PPM Guru web portal developed and owned by EXCERS INC. These “Terms and Conditions of Use”, govern your rights and responsibilities and our rights and responsibilities relating to the use of this website and all data, information and content published and accessed.
Acceptance of Terms and Conditions of Use
By accessing the PPM Guru or Excers.com websites, you represent that:
YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND
YOU ARE AT LEAST 18 YEARS OF AGE.
If you do not agree to the terms of this Agreement, you may not use the website. Your electronic acceptance of the Agreement by clicking on “Login” on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on “Login”.
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Use of content and information at own risk
We provide no warranty that the information, products or content accessible from the Website (Information) is accurate, up-to-date or complete and suitable to your IT system environments and in no circumstance does the Information constitute legal advice. You are responsible for independently verifying the Information and the content, if you intend to rely upon or use it in any way. In appropriate circumstances, this may necessitate that you obtain independent legal advice from your organization. The Website includes Information provided to us by third parties (including other users of the website) and that Information may not have been vetted by us. You use all Information at your own risk.
All information downloaded or accessed (including field packs, customized solutions, patches etc.) are provided AS IS and no warranties are provided or made.
Use of the Products. Excers Inc grants you a non-exclusive, non-transferable license to access the PPM Insight web portal, to download and use the free content, and to access the Content (as defined below) within the Products and according to the Terms.
Restrictions on Use. Unless you have received prior written authorization from Excers Inc. (or, as applicable, from the provider of particular Content), you must not: (a) access or use the Products or any Content through any technology or means other than those provided in the Products, or through other explicitly authorized means Excers Inc. may designate
(b) copy, translate, modify, or make derivative works of the Content or any part thereof; (c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties; (d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law; (e) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (f) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content;
Registration and Access Controls If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of eighteen permitted to use the content of the website. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by others, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us We are not responsible for any loss or damage resulting from unauthorized use.
EXCERS INC may from time to time ask You to participate in pre-release activities such as product beta testing, sprint reviews, etc. Such activities may occur on a User Site or via other methods (e.g. web sessions, teleconferences, live demos, etc.). Regardless of the method of communication used, any pre-release materials shall be subject to the disclaimers and limitations of liability applicable to content we provide on the Site. EXCERS INC reserves the right to terminate Your access or use of pre-release materials at any time, for any reason, and You agree to promptly return or destroy such materials as instructed by EXCERS INC . EXCERS INC does not guarantee that the commercially available release of a product or service, if any, will be identical to the pre-release materials.
You further agree that such materials shall be considered EXCERS INC’s confidential information and shall only be used for non-commercial evaluation and testing purposes consistent with the scope of the pre-release activity, and any software testing shall only occur in non-production environments. Since access to such materials includes access to our software or other confidential and proprietary information, You further agree You will not (i) copy the materials; (ii) modify, reverse compile, reverse engineer, reverse assemble, benchmark or perform competitive analysis on the materials except solely to the extent permitted under applicable law without the possibility of contractual waiver; or (iii) distribute or otherwise provide access to the materials to third parties. Due to the varying nature of pre-release activities that EXCERS INC may conduct, you may be asked to agree to additional terms as a condition of your participation in a particular activity.
Intellectual Property; License
CA Clarity PPM and CA PPM are registered trademarks of CA Technologies Inc who owns the CA PPM product. Excers does not own CA PPM product.
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the content of the website are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and EXCERS INC will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content. You are only permitted to access and view the Content for non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the PPM INSIGHT BY EXCERS web videos; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video content. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the video content in any manner that enables users to view Content without logging to the website or getting the approved user access.
EXCERS INC respects intellectual property rights. If you believe that Content on the website infringes your copyright, please contact us at email@example.com or send us the complaint to 141460 N Dallas Pkwy, Suite 605, Dallas, TX 75254 USA to make your claim.
Some of the content may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the website. When you provide User Submissions, you grant to EXCERS INC and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub licensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
Please note that if you request to delete a User Submission from the Services:
The User Submission may still exist in our backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
We retain the license specified above. Thus, for example, if we or one of our sub-licensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sub-licensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
EXCERS INC does not accept unsolicited submissions, including scripts, code samples, articles, documents, drawings, suggestions, ideas or concepts. EXCERS INC’s may delete any such submission without accepting and publishing it. Any similarity between an unsolicited submission and any elements in any EXCERS INC’s work would be purely coincidental.
You will defend, indemnify and hold harmless EXCERS INC, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “EXCERS INC Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). EXCERS INC retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 10 without EXCERS INC’s prior written approval.
Disclaimers; Limitation of Liability
EXCERS INC PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE EXCERS INC’S PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE EXCERS INC’S PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. THE EXCERS INC’S PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT. THE EXCERS INC’S PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE EXCERS INC’S PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE EXCERS INC’S PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO EXCERS INC’S FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEEDING THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE EXCERS INC’S PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE EXCERS INC’S PARTIES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 12. Governing Law, Venue and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Maryland, USA, except Maryland, USA’s conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Baltimore, Maryland, USA. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
If you do not agree to these Terms, you should immediately stop using the Services
Any personal information you supply to Excers Inc via this website (and by other means) will be treated in accordance with the Data Protection Act 1998 and other legislation intended to protect your personal information and privacy. If we hold information about you, we’ll only use this for the purposes you’ve agreed to. You have the right to see a copy of the personal information we hold about you, if you believe that any of the information we are holding is incorrect or incomplete, please let us know as soon as possible. To provide a copy of this information we will ask you for a small fee.
Information we collect
When you visit our website we may collect the following information from you: 1. Name, job title, contact information including email address 2. Demographic information such as postcode,
Your IT Systems information in relation to the products or services we are offering. If you communicate with us by email, we may keep your email, together with your email address and our reply, for our business records. We give the same protection to our electronic communications as we do to information we receive by post or phone.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: 1. We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address which you have provided, unless you state otherwise. 2. We may use the information we collect for analytical purposes, and to assist us in improving
We may solicit business opportunities with you or with your organization to offer our products or services.
Disclosing Your Information
We do not sell, rent or trade your personal information to others. We may give general statistics about our customers, sales, and related site information to other companies however these statistics will not include any information that personally identifies you, unless we have said otherwise in this policy