1. Introduction

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Perceive now, Inc, (hereinafter "Company" or “Perceive now”), a Delaware corporation, and you, the user (“you”, “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) ("Website" or "Site"). By clicking the "I Agree" button below or by accessing, visiting, browsing, using, or attempting to interact with or use any part of this website, or other company software, services, websites, or content (collectively the "Services"), you agree that you have read, understand, and agree to be bound by this agreement.
If you do not agree to be bound by this agreement, do not access or use any part of this website. Company reserves the right, with or without notice, to make changes to this agreement at company's sole discretion. Continued use of any part of this website or the Services constitutes your acceptance of such changes.
Data may also be stored in other locations for technical or reliability reasons, and the service network architecture can result in the transmission of interstate communications, regardless of where you are physically located, and therefore your use of the service may result in interstate data transmissions. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable local laws.

2. Information on the site

You use the information presented on this site at your own risk. The materials on this site are provided “as is”. Company and its suppliers make no representations or warranties about the suitability of these materials for any purpose and disclaim all warranties and conditions of any kind with respect to these materials, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of any third-party intellectual property right. The foregoing disclaimers will apply to the maximum extent permitted by applicable law. We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components.

3. Access to this site

To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete, as to the best of your knowledge. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access to the Site at any time.

4. Applicable use of site

Perceive now hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Perceive now’s prior written consent. Also, you may not “mirror” the Site Content or any portion thereof without Perceive now’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Perceive now intellectual property other than as expressly set forth herein. You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of Company's Website, you warrant to Company that you will not use the Website for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

5. No Co-branding or framing

You may not use or authorize any party to display the Company website in a manner that constitutes co-branding or framing the Company Website without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, “co-branding” refers to display a name, logo, trademark, trade name, service mark, or other means of identification of any part of this Site in such a manner as is reasonably likely to give a viewer the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Upon notice from the Company, you agree to immediately cease any such unauthorized displays of the Company Website.

6. Unlawful access is prohibited

You agree that you will not use Company's Website in any manner that could in any way disable, overburden, damage, or impair the Website or otherwise interfere with any other party's use and enjoyment of the Website. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Website.

7. Proprietary information

All content found on the Company Website (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

8. Hyperlinking

This Site may be hyperlinked to and by other website which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed, or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

9. Disclosure under law

Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

10. Right to terminate access

Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

11. Submissions

You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.

12. Restrictions on use and ownership

The Materials contained on this site are owned by and the property of Company and/or its licensors and are protected by copyright, patents, and other laws. Except as stated herein, these Materials may not be reproduced, re-used, modified, displayed, or distributed by you without Company’s prior written consent. You may download one hard copy of the Materials solely for your informational use. We reserve all other rights. You may not modify the Materials and you may not use the Materials for any commercial purpose. Your breach of these Terms of Use terminates your right to use the Materials.
All trademarks, service marks, trade names, logos and product names of the Company used on this site are trademarks of Perceive now in the U.S. and other countries. All other company, brand and product names are trademarks or registered trademarks of their respective holders. The Site also includes patents and copyrights owned by third parties. Company and any party that provides intellectual property (such as trademarks, copyrights or patents) to Company retain all rights with respect to any of their respective intellectual property appearing in this Site and do not transfer at any time to user and/or any other third party. You are not permitted to use these trademarks, copyrights, or patents without the prior written consent of Perceive now or such third-party owner.u

13. Copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:
  • 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, including the current Website address;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
  • 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.

Company's Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:

Copyright Agent:

Aditya Subba

Attn: Copyright Agent,

Bishal Chok, Nakhipot, Lalitpur, Nepal, 00977

phone: +1513-886-6751

e-mail: aditya@perceivenow.ai

14. Limitation of liability

In no event shall Company or its suppliers be liable for any indirect, special, incidental or consequential damages or any damages whatsoever, including but not limited to, damages resulting from loss of use, data or profits, whether based on contract, tort or otherwise, resulting from use of this site or the materials, regardless of whether Company has been advised of the possibility of such damages. If you become dissatisfied in any way with this Site or the Materials, your sole and exclusive remedy is to stop using this Site. Some states may not allow disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. The foregoing disclaimers apply to the maximum extent permitted by applicable law.

15. Indemnity

You agree to indemnify, defend, and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

16. Third Party Sites

All links to other sites or resources of third parties are provided for informational purposes only. Company is not liable for any loss or damage that might arise from your link to or use of such third-party sites. The inclusion of any link does not imply endorsement by Company of any linked site, products, or services. Further, Company does not provide any representation or warranty regarding any third-party products or services listed on the Company site.

17. Account, Passwords, Security

Any passwords used for this Site are for individual use only. You will be responsible for maintaining the confidentiality of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive all rights not specifically set forth herein, and agree to hold Company harmless from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.

18. General Terms

If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, the same will be construed, if possible, to match the parties’ intentions. If this is not possible, the unlawful, void, or unenforceable part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company's Website. No employee, contractor, or other party is authorized to make exceptions to these Terms of Use nor to the Privacy Policy. Only Company itself may change these Terms of Use or the Privacy Policy. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company's Website. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. However, the Company is free to assign these Terms of Use and its rights and obligations hereunder without restriction. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement. Any claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use and any use of the Site shall be brought exclusively in the courts located in the County of San Francisco, California and you waive any and all objections to jurisdiction by such courts. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company. The rights and obligations of these Terms of Use shall survive the termination of your use of this Site and any use of the service. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Please report any violations of this Agreement to the Company [aditya@perceivenow.ai] If you have any questions regarding this Agreement, please contact us at [aditya@perceivenow.ai].

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