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WEB SITE
TERMS OF USE AGREEMENT
LINKS TO THIS SITE FROM OTHER SITES: If you linked to this website from any other website that has a different website URL address than this website, Permission Interactive, Inc. is not the operator of that site and is not responsible for its content. To identify the owner of a website we suggest you go to Network Solutions WHOIS and enter the name of the website including its suffix .com/.net/.org. Direct any inquiries about such a site or its content to the contact indicated there.
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.
Welcome to the tv-products.net/gazelle’s 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
by the following terms of use. 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.
1. Acceptance of Agreement. You 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.
2. New and
Additional Services/Products.
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.
3. Additional Terms
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.
4. Internet Access
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.
5. Termination. 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.
6. 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.
7. Intellectual
Property Rights. You 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.
8. Trademarks. 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.
9. Limited Right 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 .
10. Indemnity. 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.
11. No Warranty. 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.
12. Disclaimer and
Limits. EXCEPT 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 LIMITATIONS.
13. Third-Party
Services. 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.
14. Third-Party
Merchant Policies. All 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.
15. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is hereby incorporated
by reference herein and shall be deemed a part of this Agreement for all
interests and purposes.
16. 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.
17. 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.
18. Miscellaneous. 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 one 1 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 provision.
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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