Pasefika Designs, LLC :: Terms of Use Agreement



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Terms of Use Agreement
By using and viewing this site you are agreeing to comply with and be bound by the following terms of use for www.pasefika.com Please review the following terms carefully. If you do not agree to these terms, you should not review information from the site www.pasefika.com.
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).
1. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to 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.
2. 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.
4. Limited 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.
5. Editing, 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.
8. Disclaimer 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 Policy.
10. Third-Party 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.
11. 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 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 other.
12. Privacy Policy Our Privacy Policy, as it may change from time to time, 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.
13. Links 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.
14. Information 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 by us.
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.
Effective Date: August 2, 2002
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