| Perfect Apology Web Site
Agreement
The www.perfectapology.com Web Site (the "Site") is an online
information service subject to your compliance with the terms and
conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE.
WWW.PERFECTAPOLOGY.COM MAY MODIFY
THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
www.perfectapology.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to
www.perfectapology.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to www.perfectapology.com by all means and in
any media now known or hereafter developed.
You agree that you shall have no recourse against www.perfectapology.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to
www.perfectapology.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site
are the exclusive trademarks or servicemarks of www.perfectapology.com.
Other product and company names mentioned in the Site may be the
trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly
identified as being supplied by www.perfectapology.com,
www.perfectapology.com does not operate, control or endorse any
information,
products or services on the Internet in any way.
Except for
www.perfectapology.com- identified information, products or services,
all
information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated
with www.perfectapology.com. You also understand that
www.perfectapology.com cannot and does not guarantee or warrant that
files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE
INTERNET. www.perfectapology.com PROVIDES THE SITE AND RELATED
INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND www.perfectapology.com SHALL NOT BE LIABLE FOR ANY COST
OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.perfectapology.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.perfectapology.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.perfectapology.com BE LIABLE FOR (I) ANY
INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
www.perfectapology.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
www.perfectapology.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED
BY LAW.
www.perfectapology.com makes no representations whatsoever about any
other
web site which you may access through this one or which may link to this
Site. When you access a non-www.perfectapology.com web site, please
understand that it is independent from www.perfectapology.com, and that
www.perfectapology.com has no control over the content on that web site.
In
addition, a link to a www.perfectapology.com web site does not mean that
www.perfectapology.com endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.perfectapology.com,
its
officers, directors, employees, agents, licensors, suppliers and any
third
party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting
from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification)
are for the benefit of www.perfectapology.com and its officers,
directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have
the right to assert and enforce those provisions directly against you on
its
own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party
Rights) and 6 (Miscellaneous) shall survive any termination of this
Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the
laws of Canada applicable to agreements made and to be performed in
Canada.
You agree that any legal action or proceeding between
www.perfectapology.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Canada . Any cause of action
or
claim you may have with respect to the Service must be commenced within
one
(1) year after the claim or cause of action arises or such claim or
cause of
action is barred. www.perfectapology.com's failure to insist upon or
enforce
strict performance of any provision of this Agreement shall not be
construed
as a waiver of any provision or right. Neither the course of conduct
between
the parties nor trade practice shall act to modify any provision of this
Agreement.
www.perfectapology.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
|