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Please review the following terms carefully.
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These terms and conditions are subject to change
without prior written notice at any time, at the sole discretion of
PASEFIKA DESIGNS, LLC (Jon Apisa).
of Agreement You agree to the terms and conditions outlined in
our site (the “Site”). This Agreement constitutes the legal
agreement between PASEFIKA DESIGNS, LLC, Jon Apisa 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 by us from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site.
Copyright The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to
the PASEFIKA DESIGNS, LLC Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual
property) rights. None of the material on this site may be copied, reproduced,
distributed, republished, downloaded, saved, displayed, printed, posted
or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without
the prior written permission of PASEFIKA DESIGNS, LLC (Jon Apisa ).
3. Trademarks Trademarks, graphics and logos are either trademarks or registered trademarks
of PASEFIKA DESIGNS, LLC (Jon Apisa ). These include Pasefika, Pasefika Designs, Tatau Pasefika, Pasefika Designs Shop, Shop Pasefika. Other product and company names mentioned
on the Site may be trademarks of their prospective owners.
Right to Use The viewing or downloading of any content, graphic,
form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, printing, saving, downloading, distribution, assignment,
sublicense, 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, and
is not for resale or redistribution.
Deleting and Modification We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing
on the Site.
6. Idemnification You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable
attorney’s fees, related to your violation of this Agreement or
use of the Site.
7. Nontransferable Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable.
and Limits THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE.” THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMTION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE ARE FUNDAMENTAL
ELEMETS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR
ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
9. Use of
Information We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy
Services We allow access to or advertise third-party merchant
sites (“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. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OR TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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 to you Merchants.
We and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the
is a part of this Agreement. PASEFIKA DESIGNS, LLC will only collect, store
and use your personal information for service related purposes. PASEFIKA DESIGNS, LLC does not reprduce, sell, or share your personal information.
to other Web Sites The Site contains links to other Web sites.
We are not responsible for the content, accuracy or opinions express
in 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 at your own risk. All links are subject to approval and monitoring
by PASEFIKA DESIGNS, LLC. We reserve the right to remove any and all links
for any reason including but not limited to broken links. If any links
to any other Web site is removed, that Web site must resubmit to be
approved at that time.
and Press Releases The Site contains
information and press releases about PASEFIKA DESIGNS, LLC . While this information
was believed to be accurate as of the date prepared, PASEFIKA DESIGNS, LLC
will disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon or endorsed
15. Miscellaneous Any cause of action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within (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 Section
8 and Section 10. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either party.
All legal proceedings arising out or in connection with this Agreement
shall be brought solely in Las Vegas, Nevada. You expressly submit to
the exclusive jurisdiction of said courts and consents to extra-territorial
service of process. 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.
August 2, 2002
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