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The
necessary accessory!®
PursePal Terms Of Use
AGREEMENT BETWEEN USER
AND PursePal, the necessary accessory
The PursePal, the necessary
accessory Web Site is comprised of various Web pages operated by PursePal,
the necessary accessory.
The PursePal, the necessary accessory Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the PursePal, the
necessary accessory Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE
TERMS OF USE
PursePal, the necessary
accessory reserves the right to change the terms, conditions, and notices
under which the PursePal, the necessary accessory Web Site is offered,
including but not limited to the charges associated with the use of the
PursePal, the necessary accessory Web Site.
LINKS TO THIRD PARTY
SITES
The PursePal, the necessary
accessory Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of PursePal, the necessary
accessory and PursePal, the necessary accessory is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
PursePal, the necessary accessory is not responsible for webcasting or any
other form of transmission received from any Linked Site. PursePal, the
necessary accessory is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by PursePal, the
necessary accessory of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of
the PursePal, the necessary accessory Web Site, you warrant to PursePal,
the necessary accessory that you will not use the PursePal, the necessary
accessory Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the PursePal, the
necessary accessory Web Site in any manner which could damage, disable,
overburden, or impair the PursePal, the necessary accessory Web Site or
interfere with any other party's use and enjoyment of the PursePal, the
necessary accessory Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the PursePal, the necessary accessory
Web Sites.
USE OF COMMUNICATION
SERVICES
The PursePal, the necessary
accessory Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will
not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
PursePal, the necessary
accessory has no obligation to monitor the Communication Services.
However, PursePal, the necessary accessory reserves the right to review
materials posted to a Communication Service and to remove any materials in
its sole discretion. PursePal, the necessary accessory reserves the right
to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
PursePal, the necessary accessory reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
PursePal, the necessary accessory's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. PursePal,
the necessary accessory does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
PursePal, the necessary accessory specifically disclaims any liability
with regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are
not authorized PursePal, the necessary accessory spokespersons, and their
views do not necessarily reflect those of PursePal, the necessary
accessory.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO PursePal, the necessary accessory OR POSTED AT ANY
PursePal, the necessary accessory WEB SITE
PursePal, the necessary accessory does not claim ownership of the
materials you provide to PursePal, the necessary accessory (including
feedback and suggestions) or post, upload, input or submit to any
PursePal, the necessary accessory Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting PursePal, the
necessary accessory, its affiliated companies and necessary sublicenses
permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. PursePal, the necessary accessory is under no
obligation to post or use any Submission you may provide and may remove
any Submission at any time in PursePal, the necessary accessory's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PursePal, the
necessary accessory WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
PursePal, the necessary accessory AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PursePal, the necessary accessory WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE PursePal, the necessary
accessory WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PursePal, the necessary accessory AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE PursePal, the necessary accessory
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
PursePal, the necessary accessory AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PursePal, the necessary accessory AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE PursePal, the necessary accessory WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE PursePal, the necessary accessory WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE PursePal, the necessary accessory WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE PursePal, the necessary accessory
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF PursePal, the necessary accessory OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PursePal,
the necessary accessory WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PursePal, the
necessary accessory WEB SITE.
SERVICE CONTACT :
jholmes@verdigre.com
TERMINATION/ACCESS
RESTRICTION
PursePal, the necessary
accessory reserves the right, in its sole discretion, to terminate your
access to the PursePal, the necessary accessory Web Site and the related
services or any portion thereof at any time, without notice. GENERAL To
the maximum extent permitted by law, this agreement is governed by the
laws of the State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the
PursePal, the necessary accessory Web Site. Use of the PursePal, the
necessary accessory Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
PursePal, the necessary accessory as a result of this agreement or use of
the PursePal, the necessary accessory Web Site. PursePal, the necessary
accessory's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
PursePal, the necessary accessory's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of
the PursePal, the necessary accessory Web Site or information provided to
or gathered by PursePal, the necessary accessory with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and PursePal, the necessary accessory with
respect to the PursePal, the necessary accessory Web Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and PursePal, the
necessary accessory with respect to the PursePal, the necessary accessory
Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an
d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the PursePal,
the necessary accessory Web Site are: and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies
and products mentioned herein may be the trademarks of their respective
owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement. |