Special Note: All products and
services you have ordered are shipped and billed to you directly
from each product or service provider. Although we make every effort
to have the speediest delivery available, we cannot guarantee the
delivery of any item for a specific date.
to our web site operated by Permission Interactive, Inc.
“Permission Interactive” .
We maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound
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
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time from time to time
by us, and we will provide reasonable prior notice to you before
any such amendments are implemented.
The latest Agreement will be posted on the Site and you should
review this Agreement prior to each time that you use the Site.
New and Additional
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
new or additional services/products when they become available,
you agree to be bound by the terms outlined in this Agreement, in
addition to any other agreements applicable to those services/products.
and Conditions; Other Agreements.
All terms and conditions provided to you by Permission Interactive
at the time you subscribe to a service or order a product are hereby
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
these services constitutes your acknowledgment of and agreement
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
services, products, and/or information, in addition to those found
in this Agreement.
Fees and Telephone Charges.
You agree to be solely responsible for any telephone charges,
Internet access fees, and other such similar fees and expenses you
incur by accessing your account through this Site. Please note that
these fees may be assessed and billed separately by your online
service provider or phone company.
Permission Interactive reserves the right to terminate this
Agreement and your access to this Site, in whole or in part, at
any time and for any or no reason.
Questions or Concerns
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.
hereby acknowledge and agree that as between you and Permission
Interactive, Permission Interactive exclusively owns all worldwide
right, title and interest in and to all contents, graphics, designs,
data, computer codes, ideas, know-how, "look and feel,"
compilations, magnetic translations, digital conversions and other
matters included within the Site and related to the Site
collectively "Materials" , and all modifications
and derivative works thereof, and all worldwide copyrights, trademarks,
service marks, patents, trade dress, trade secrets, moral rights
and other intellectual or industrial property rights related thereto.
The copying, redistribution, use or publication by you of
any of the Materials or any part of the Site, except as allowed
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
not constitute a waiver of any of Permission Interactive’s rights
in such Materials.
You hereby acknowledge and agree that “Permission Interactive”,
“Permission Interactive”, “”
and other Permission Interactive marks on the Site are either
trademarks or service marks of Permission Interactive and shall
remain the exclusive property of Permission Interactive.
Other product and company names mentioned on the Site may
be trademarks of their respective owners.
to Use. You
may use this Site solely for your own personal use and not for republication,
distribution, assignment, sale, preparation of derivative works
or other use. No part
of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, now known or hereafter devised, other than for your
personal use but not
for resale or redistribution .
You agree to indemnify, defend and hold harmless Permission
Interactive and each of their officers, directors, shareholders,
employees, partners, sponsors, agents, attorneys, representatives,
subsidiaries, affiliates, successors and assigns
collectively "Affiliated Parties"
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
EXPRESSLY DISCLAIMED INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS
OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE .
YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES
ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
PERMISSION INTERACTIVE HAS NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS
VIA THE SITE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS
FROM YOU TO PERMISSION INTERACTIVE VIA THIS SITE AND MAY HAVE REFERRED
TO SUCH COMMUNICATION AS "SECURED," PERMISSION INTERACTIVE
CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER
WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE RESPONSIBLE
FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY
THE EQUIPMENT, SOFTWARE, PERMISSION INTERACTIVE,.
OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT,
OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR
BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL PERMISSION
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
AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
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
SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH
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
our Site to Merchants for processing.
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
any such orders whether or not the order has been confirmed and
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
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.
© 2004 - All Rights Reserved
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