Peter Lik USA, INC. IS COMMITTED TO YOUR PRIVACY.
SPECIAL NOTE ABOUT CHILDREN
This Website is targeted for use by adults only. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our Website under the age of 13 not to disclose or provide any Personal Information on our Website. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you may be identified.
We collect your Personal Information when you provide it to us while visiting the Website, such as when you create an account, purchase our products, sign up for our mailing list, request information, post comments on the Website’s blog, chat room, bulletin boards, or other areas of services in which you or other parties create, store or post any content messages, comments, materials or other items on the Website(“Interactive Areas”), or otherwise interact with this Website. The Personal Information we collect and maintain about you includes:
- Your name
- Your email address
- Your phone number
- Your mailing address
- Your credit card billing address
- Your credit card number
Please note, we collect and use your credit card information for purposes of processing and completing your transactions you enter into on our Website. Your credit card information will be disclosed to third parties only as necessary to complete the transaction. Once the transaction is completed, your credit card information will be purged from our system. Your credit card information will not be retained in any of our system files.
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We use your Personal Information for other things that may include, but are not limited to, the following:
- Contacting You
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry. We may also contact you to tell you about products and services provided by us and/or our Partners.
- Processing of Transactions
We use your Personal Information to process your transactions for administrative purposes, such as merchandise order fulfillments.
Each time you interact with our Website, the details of your interaction are collected and retained.
- Marketing Data
You may have the opportunity to participate in demographic surveys and other marketing inquiries in an effort to further improve the use of the Website. Participation in these efforts is voluntary.
- Use of IP Address
IP addresses are numbers that are automatically assigned to your computer, and, if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for our internal tracking purposes.
WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
“General Information” is information about you or your activities on our Website that do not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, you geographic location, and your movement and activity within a particular website. We collect the same information on our Website. We use this General Information to generate statistics about visitors to our Website.
HOW WE USE YOUR INFORMATION
DISCLOSURE OF INFORMATION WE COLLECT
HOW WE PROTECT INFORMATION WE COLLECT
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. Although no computer system is completely secure, we believe the measures implemented on our Website reduce the likelihood of security problems to a level appropriate to the type of data involved. We cannot ensure or warrant the security of any information that subscribers/visitors transmit to us.
HOW LONG WE KEEP USER INFORMATION
We generally keep user data collected on our server or in our archives for a period of 90 days. We may alter this practice according to changing requirements for example, we may delete some of the data it needed to free up storage space. We may keep other data for longer periods if the law requires it, in addition information posted in a public forum could stay in the public domain indefinitely.
Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.
PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If you do not want us to share your Personal Information with our Partners for marketing purposes, or if you do not want to receive certain communications and offers from us You can “opt-out” of such sharing, communications and offers by visiting http://www.peterlikexposed.com.
You may also call us at (855) 545-3548 email us at firstname.lastname@example.org, or write us at:
Peter Lik USA
Attn: Mike Hill or Joe Boswell
6625 West Badura Avenue
Las Vegas, Nevada 89113
If you believe that any Personal Information collected by us about you is not correct or has changed, please send an e-mail message to email@example.com explaining the correction or change and providing any relevant confirmation or reference number.
IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about this Website, please email, Customer Service at firstname.lastname@example.org, or write us at:
Peter Lik USA
Attn: Mike Hill or Joe Boswell
6625 West Badura Avenue
Las Vegas, Nevada 89113
DATE LAST MODIFIED: [May 26, 2011 @ 11:07am]
TERMS AND CONDITIONS OF USE
Welcome to the Peter Lik USA, Inc. website (“Website”) and thank you for reviewing the Terms and Conditions of Use. Peter Lik USA, Inc. (“Provider”) makes this Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by Provider (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from Provider and what Provider can expect from You.
1. Acceptance of Terms and Conditions of Use.
By using this Website, you (“You” or “Your”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time. Provider will post the changes on this page and the date of the changes at the top of this page. Provider also will post notification of the changes on the main page of the Website, for at least seven days. Your continued use of this Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use this Website automatically terminates.
2. Your Account, User Name and Password
You may be required to set up an account in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of Your account and any password You use to access the Website and You agree not to transfer Your password, user name, account or the use of Your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with Your password or user name. You agree to immediately notify Provider at the following email address, email@example.com, or by telephone, (855) 545-3548, of any unauthorized use of Your password or user name or any other breach of security related to Your account or the Website and to “log off” from Your account (if applicable) at the end of each session. Provider is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions of Use. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the item(s) requested. Provider reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in Provider’s sole discretion.
2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2011 Peter Lik USA, Inc. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
Peter Lik USA, Inc.
Attn: Mike Hill or Joe Boswell
6625 West Badura Avenue,
Las Vegas, Nevada 89113
Fax: (702) 307-6404
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider owns trademarks for its many goods and services, including, without limitation, LIK, PETER LIK, LIK USA, LIK MEDIA, LIK ELITE, LIK EPIC, LIK ELEMENTS, EXPOSED, and MOTOR and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
3. Privacy and Protection of Personal Information.
4. Risk of Loss
All purchases of merchandise sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
5. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. If a product offered by Provider is not as described, Your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, Provider shall issue a credit to Your credit card account in the amount of the incorrect price.
6. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, services, and Materials is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
7. Third Party Links.
8. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or services in which You or other parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information;
i. User Content “stalking” or otherwise harassing another user of the Website or an employee of Peter Lik USA, Inc. or any of its affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other portions of the site in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
9. Online Conduct.
You agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
You acknowledge and agrees that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from Provider if in Provider’s sole discretion You fail to comply with any term or provision of these Terms and Conditions of Use.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Provider reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms and Conditions of Use; or (c) Your violation of any rights of a third party or service provider.
15. Applicable Law/Jurisdiction.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
17. Statue of Limitations.
18. Entire Agreement.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
DATE LAST MODIFIED: [May 26, 2011 @ 11:07am]
These Terms and Conditions of Use may be changed at any time.
© 2011 Peter Lik USA, Inc.