Welcome to the website of Pioneer Marketing & Public Affairs (Pioneer). The website (the “Site”) is comprised of various web pages owned and operated by Pioneer. By using our Site, you are agreeing to comply with and be bound by the following terms of service (“Terms”). Please review the following Terms carefully. If you do not agree to these Terms, please do not use this Site.
1. Acceptance of Terms
2. Intended Users
The Site is intended for adults only. By using, providing, transmitting, or accessing any of the Materials made available by Pioneer or Users; by purchasing Products through the Site; or by merely browsing the Site, you affirm that you are eighteen (18) years old or older, or that you are over the age of thirteen (13) and possess legal parental or guardian consent, and that you are competent and capable of understanding, agreeing to, and complying with these Terms. Pioneer will never knowingly solicit or accept personally-identifiable information from children under the age of thirteen (13). Pioneer will never knowingly contact children under the age of thirteen (13) about special offers or for marketing purposes.
3. Use of Site and Materials
You agree to use the Site and any Materials only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from Vietnam or other applicable countries). You agree not to access or attempt to access the Site or Materials by any means other than the interface provided by Pioneer. You agree not to use the Site or Materials in any manner that could damage, disable, overburden, or impair the Site or servers or networks connected to the Site. You agree not to use the Site or Materials in any manner that could interfere with any other party’s use and enjoyment of the Site. You agree not to obtain or attempt to obtain any information or content not intentionally made available through the Site. You agree that your use of the Site will not violate the rights of any third party or breach any contract or duty to any third party. Pioneer reserves the right, but has no obligation, to investigate your use of the Site and/or Materials to determine whether you have violated these Terms or failed to comply with any applicable law, regulation, legal process, or government request.
Pioneer owns or licenses all Materials on this Site, and some of the Materials are protected by copyright and other intellectual property rights. Any unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as otherwise provided in these Terms, the copying, redistribution, transmission, use, adaptation, modification, translation, public performance, public display, or publication by you of any such Materials, or any part of this Site, is strictly prohibited. You do not acquire ownership rights to any Materials viewed through the Site. Pioneer’s posting of information or Materials on the Site does not constitute a waiver of any right in such information and Materials.
6. Copyright Infringement Policy
Pioneer respects the copyrights of others. If you believe that your copyright has been infringed by Materials or Content posted on the Site or if you believe your Content has been wrongly removed from the Site please inform us. Pioneer will disable access to or remove Content or Materials that it believes in good faith is infringing a copyrighted work. Pioneer may reinstate Content or Materials that was removed from the Site if it believes in good faith that the Content or Materials is not infringing third-party rights.
9. Contributions to Pioneer
By submitting ideas, suggestions, feedback, documents, and or/proposals (“Contributions”) to Pioneer, you acknowledge and agree that: (a) your Contributions do not contain any confidential or proprietary information; (b) Pioneer is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Pioneer is entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any manner, and in any media, currently known or subsequently developed; (d) Pioneer may have something comparable to the Contributions that is under consideration or development; (e) any Contributions automatically become Pioneer’s property; and (f) your Contributions do not entitle you to any form of compensation.
10. Trademarks/Service Marks.
Pioneer retains all right, title, and interest in the trademarks and service marks shown on the Site. Pioneer trademarks and service marks displayed on the Site (the “Marks”) including, but not limited to, Delivering Insight-Driven Solutions®, Inverted Pyramid, and others which are registered or unregistered trademarks or service marks of Pioneer in Vietnam and other countries. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. You are not permitted to use the Marks in any manner without the prior written consent of Pioneer or the third party that may own the Marks. If you download or print a copy of the Materials for your personal use, you must keep intact all trademark notices on the Materials.
11. Limited Right to Use
The Site, including all the Materials on the Site, is the sole and exclusive property of Pioneer. Pioneer grants you only a limited, nonexclusive license to view, print, or download Materials from the Site solely for your own personal use. You may print or download only one copy of the Materials on any single computer, provided you keep intact all copyright, trademark, and other proprietary notices on the Materials. Any printouts must be marked as follows: “© 2021 Pioneer Marketing & Public Affairs. All Rights Reserved.” The license does not allow republication, distribution, assignment, sublicense, sale, or other use of the Materials. Unless otherwise provided in these Terms, you may not modify, translate into any language or computer language, create derivative works based on, or reverse engineer any Materials. The rights granted to Users above are not applicable to the design or look and feel of the Site. Such elements of the Site are protected by intellectual property rights and may not be copied or imitated in whole or in part. Any unauthorized modification of the Materials or use of the Materials for any unauthorized purpose is a violation of Pioneer’s copyright, trademark, and other proprietary rights and is strictly prohibited. Unless otherwise provided herein, the use of any such Materials on any other website or computer network without Pioneer’s prior written consent is strictly prohibited.
12. Violation of Terms.
a. Termination/Access Restriction Pioneer reserves the right to immediately terminate your access to the Site, in the event you violate these Terms or other agreements or guidelines, which may be associated with your use of the Site. Pioneer will not be responsible or liable to you for such termination. Upon such termination, you must immediately discontinue use of the Site and destroy any print or electronic copies you have made of any portion of the Site. Accessing the Site after such termination shall constitute an act of trespass. Termination of your Site access may also occur if: (i) The partner with whom Pioneer offered Products to you has terminated its relationship with Pioneer or ceased to offer the Products to you; or (ii) the Products provided to you by Pioneer is, in our opinion, no longer commercially viable; or (iii) Pioneer is transitioning to no longer providing the Products to Users in the country in which you are resident or from which you use the Products.
c. Legal Consequences of Violation You also agree that any violation of these Terms will cause Pioneer irreparable harm for which money damages are inadequate. You, therefore, consent to Pioneer obtaining any injunctive or equitable relief that it deems necessary or appropriate. If Pioneer does take any legal action against you due to your violation of these Terms, Pioneer will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs incurred in connection with such action.
13. Discontinued Use, Termination/Survival
You may discontinue your access to the Site at any time. Pioneer may terminate your access to the Site at any time. Despite your discontinued use of the Site or termination of your access to the Site. Legal rights, obligations, warranties, and liabilities that you and Pioneer have agreed to in these Terms shall continue to apply to your past use of the Site.
14. Modification and Discontinuance of Materials on the Site
Pioneer reserve the right, in our sole discretion, to modify, suspend, or discontinue the Materials and/or the Site, any portion of the Materials and/or the Site, or any Products or other services offered through the Site at any time and without prior notice or liability to you.
You agree to indemnify, defend and hold harmless Pioneer and its subsidiaries and each of their officers, directors, employees, agents, successors, and assigns from and against all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms; your use of the Site and Materials and/or any Products or other services offered through the Site; your provision of Content; your access to or use of third-party linked sites; and/or your violation of any rights of another, including intellectual property rights, by your use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferrable.
17. Disclaimer and Limits
THE MATERIALS ON THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). THE MATERIALS, PRODUCTS, OR OTHER SERVICES PROVIDED THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PIONEER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE MATERIALS AND OTHER PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SITE FOR ANY PURPOSE. PIONEER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL MEET THE YOUR REQUIREMENTS; THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED; THAT THE CAPABILITIES OFFERED ON THE SITE WILL BE UNINTERRUPTED; OR THAT ACCESS TO THE SITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED. PIONEER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY LINKED SITE. YOU ARE URGED TO TAKE APPROPRIATE SAFEGUARDS BEFORE DOWNLOADING ANY MATERIALS FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. PIONEER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OTHER DAMAGES TO COMPUTER EQUIPMENT OR OTHER PROPERTY THAT MAY RESULT FROM USE OF THE SITE OR DOWNLOADING ANYTHING FROM THE SITE. PIONEER HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PIONEER IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIONEER AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
18. Links to other Websites
19. Information and Press Releases
The Site contains information and press releases about PIONEER. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by us.
20. Applicable Laws
These Terms shall be governed by and construed in accordance with the laws of the S.R. Vietnam, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the courts located in the city of Hanoi, Vietnam, and you irrevocably agree to submit to the exclusive jurisdiction and venue of such courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Nothing contained in these Terms is in derogation of Pioneer’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pioneer with respect to such use. If Pioneer fails to act with respect to your breach or default of any of these Terms, Pioneer is not waiving its right to act with respect to any subsequent and/or similar breach or default. You may not assign, delegate, or transfer your rights or obligations under these Terms. Pioneer may assign, delegate, or transfer its rights or obligations under these Terms without your consent. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Pioneer with respect to the Site, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms are reserved by Pioneer.