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“Permission Interactive” .
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Please review the following terms carefully.
For purposes of this Agreement, the terms "we,"
"us," "our," and “Permission Interactive” refer
to Permission Interactive, Inc. and all other affiliates of Permission
Interactive, Inc.. "You"
refers to you, as a user of this site.
If you do not agree to these terms, you shall not have the
right to use this site in any way, review information and/or obtain
goods or products from or through this site.
agree to the terms and conditions outlined in this Web Site Terms
of Use Agreement "Agreement"
with respect to our site
the "Site" .
Each time you access this Site, you confirm your agreement
to abide by this Agreement.
This Agreement constitutes the entire and only agreement
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The latest Agreement will be posted on the Site and you should
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Permission Interactive has the right
but not the obligation , from time to time, to introduce
or remove or replace services/products on this Site.
By using any services or ordering any products, including
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incorporated by reference herein and shall have the full force and
effect as if set forth herein in full. Use of this Site to access
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to said disclosures. Moreover,
particular services, products, and/or information you access through
this Site may be subject to additional terms and conditions of third
parties that may appear
on this Site or on other web sites or on other materials. You expressly
agree to be bound by the terms and conditions associated with those
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incur by accessing your account through this Site. Please note that
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Permission Interactive reserves the right to terminate this
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Regarding Site. In
the event you have a question or concerns regarding the Site or
online orders submitted through this Site or similar transaction
or activity, you should notify us in writing at Permission Interactive,
Attn: Webmaster, 6070
Mission Gorge Road, Suite 1, San Diego, CA 92120 as soon a possible.
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The copying, redistribution, use or publication by you of
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by Section 9, is strictly prohibited.
You do not acquire any ownership rights to any of the Materials.
Our posting of information or materials on the Site does
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in such Materials.
You hereby acknowledge and agree that “Permission Interactive”,
“Permission Interactive”, “”
and other Permission Interactive marks on the Site are either
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remain the exclusive property of Permission Interactive.
Other product and company names mentioned on the Site may
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to Use. You
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subsidiaries, affiliates, successors and assigns
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from all liabilities, losses, damages, claims and expenses,
including reasonable attorneys' fees and costs, whether or not a
lawsuit or other proceeding is filed, that in any way arises out
of or relates to a
your breach or violation of this Agreement,
b your use of
the Site, c
any transactions or other activities you engage in with any
third party service providers, third party merchant sites
"Merchants" , or other third parties who are part
of our affiliate program or who you access by or through this Site,
d your infringement
or violation of the intellectual property or other rights of third
parties, and/or e
your negligence or willful misconduct. In the event, you
fail to promptly indemnify and defend such claims and/or pay Permission
Interactive’s expenses , as provided above, Permission shall have
the right to defend itself, and in that case, you shall reimburse
Permission Interactive for all of its reasonable attorney’s fees,
costs and damages incurred in settling or defending such claims
within thirty 30
days of each of Permission Interactive’s written requests.
ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY
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BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
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PERMISSION INTERACTIVE HAS NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS
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ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS
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OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR
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INTERACTIVE, OR THE THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER
FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT INCLUDING
NEGLIGENCE STRICT LIABILITY
OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE
BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE
OF THE EQUIPMENT, SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS
SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY
TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE,
LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED
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YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT
THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES
OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT
SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL
BE SEPARATELY ENFORCED. THIS
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We allow access to or advertise for Merchants from which
you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered by
Merchants. Our sole
involvement is to submit order forms completed by users of through
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Merchants are responsible for all aspects of order processing,
fulfillment, product performance and warranties, billing and customer
service. We are not a party to the transactions entered into between
you and any Merchants. You agree that your use of such Merchants
is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING
OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR
ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
rules, policies including
privacy policies and
operating procedures of Merchants will apply to you while on such
sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments
on behalf of the other. In
addition, Permission Interactive has no liability to you in the
event a product is listed at an incorrect price due to typographical
errors in pricing information.
Merchants shall be solely responsible for pricing and errors
in pricing. Merchants
shall have the sole right to refuse or cancel any orders placed
for product listed at the incorrect price.
Merchants shall also have the sole right to refuse or cancel
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your credit card charged.
incorporated by reference herein and shall be deemed a part of this
Agreement for all interests and purposes.
Credit Card Payments.
You represent and warrant that if you are purchasing something from
us or from any Merchants that
i any credit
information you supply is true and complete,
ii charges incurred
by you will be honored by your credit card company, and
iii you will
pay the charges incurred by you at the posted prices, including
any applicable taxes.
Links to Other
Web Sites. The
Site contains links to other web sites.
We are not responsible for the content, accuracy or opinions
expressed in such web sites, and such web sites are not investigated,
monitored or checked for accuracy or completeness by us, nor do
we maintain any editorial or other control over such web sites.
Inclusion of any linked web site on our Site does not imply
approval or endorsement of the linked web site by us.
If you decide to leave our Site and access these third-party
sites, you do so solely at your own risk.
This Site excluding
linked sites is controlled
by Permission Interactive from its offices within the State of California,
United States of America.
Both parties agree that this Agreement shall be deemed executed
and performed by both parties in San Diego, California.
This Agreement shall be interpreted and enforced according
to the substantive laws of the State of California, without application
of its conflicts or choice of law rules.
Both you and Permission Interactive irrevocably submit to
the jurisdiction of the state and/or federal courts located in San
Diego, California for any action or proceeding regarding this Agreement,
and waive any right to assert the doctrine of forum non conveniens
or otherwise object to the jurisdiction or venue of the courts in
San Diego County, California. Permission Interactive
makes no representation that materials on the Site are appropriate
or available for use in locations other than San Diego, California,
and accessing them from territories where their contents are illegal
is prohibited. Those
who choose to access this Site from other locations do so solely
on their own initiative and are solely responsible for compliance
with local laws. Any
cause of action by you with respect to the Site and/or any information,
products or services related thereto, must be instituted within
year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in this Agreement. The
language in this Agreement shall be interpreted as in accordance
with its fair meaning and not strictly for or against either party.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and
the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site
is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our
failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
19. Attorneys’ Fees. In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.
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