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1. TERMS AND
CONDITIONS
Following are the terms and conditions which
govern the use of the Peach Think, Inc. web
site ("Web Site"). These terms and conditions
are intended to be a legal and binding
Agreement between PeachThink, Inc., including
its affiliates and contractors, and you. By
accessing and browsing this Web Site, you
acknowledge that you have read and reviewed the
following terms and conditions and that you
agree to be bound by them. This agreement
constitutes the entire and complete agreement
between you and PeachThink,
Inc.
1a. Usage/Browsing/Viewing/Ordering
constitues AGREEMENT OF ALL
TERMS.
Usage of
this website will constitute that YOU, the
browser, visitor, company, person, robot or
system, AGREE UNDISPUTED WITH ALL TERMS AND
CONDITIONS OF THIS WEBSITE. You, by
browsing this stie, using this site or viewing
this site, AGREE TO EVERY TERM AND CONDITION
GIVEN, and all updated TERMS to this site that
may be in place from time to time. You
also agree to all
our owned copyrights,
trademarks and, refrain from copying
or disputing any such fact. If you
disagree with any such terms, you are hereby
asked to exit immediatelly from this site and
place a block on your browser from ever using
this site as you are no longer thereby
authorized to visit, use, browse or do business
with this site whatsoever if you do not agree
to any and all terms and agreements of our
site, including all changes that are made from
time to time.
1b. LEGAL EXPENSES AND
LIABILITY OF DISPUTES AND DISPUTING
PARTIES
Any disputes or legal
challenges to this website shall
constitue that any and all disputing parties
shall be responsible and pay for the following,
but not limited to, ALL LEGAL FEES,
COURT FEES, LEGAL REPRESENTATION, LOSS OF
TIME, LOSS OF REVENUE, LOSS OF
EXPENSES, COMPENSATION IN ANY AND ALL ASPECTS
of our business and website and all
BUSINESS and/or personal LOSS caused by the
disputing parties. ALL LEGAL
REPRESENTATION for us shall all be
paid by the disputing parties, for
the entire dispute, regardless of
outcome. Any legal action we may have to
take or initiate against any
disputing parties, including, but not limited
to, lawsuits, legal actions, legal
actions to uphold this agreement which you
entered into and agreed to buy
visiting, viewing or using this
website or claims, disputing
parties, shall also be paid by the disputing
parties.
2. SIGNATURE/BINDING
ACCEPTANCE
By ordering any product from this website, you
agree that providing a unique email address and
postal address on the online order form or via
email will be used in lieu of your written
signature and will be considered to be legally
binding as if your signature was placed on the
order and/or credit card transaction receipt.
This would also apply if you have visited our
website, sent an email in the affirmative that
you would like to place an order using a unique
email address, and the order was conducted by
telephone. In that situation, we will consider
contact and negotiations which were conducted
to consummate a sale to have been a verbal
contract which is legally binding by
law.
You also
agree that PeachThink, Inc., at its discretion
can and will seek alternative remedies to
include but not limited to collections and
legal remedies as allowed by law to seek due
compensation and payment for products ordered
and delivered. And if such action is taken, you
agree to pay all legal and collection cost
incurred by said corporation to secure payment.
It is the responsibility of the visitor to
review our terms of service, return policies,
privacy policies, and any other information you
may feel to be relevant prior to completing a
transaction with us.
3.
TRADEMARKS; COPYRIGHT
PROVISIONS
All information and material contained in this
Web Site are subject to copyright and/or
trademark protection laws. You may not
distribute the media in any form, in whole or
in part, without the prior written permission
from PeachThink, Inc.. You are also not
permitted to link or "mirror" any part of this
Web Site without the prior written permission
from us.
PeachThink,
Inc. does not grant any copyright license,
actual or implied, through the presentation of
graphics, text, or photographs within this home
page. Nor does Peach Think, Inc. intend to make
available for any use, any copyrighted
materials within this home page beyond those
fair uses defined in law or equity under the
Doctrine of Fair Use of copyrighted
materials.
4.
DISCLAIMERS
PeachThink, Inc. PROVIDES THE
INFORMATION IN THIS INTERNET WEB SITE AS A
PUBLIC SERVICE TO ITS CUSTOMERS, AND RESERVES
THE RIGHT TO CHANGE THE CONTENTS OF THE
INFORMATION WITHOUT NOTICE. Peach Think, Inc.,
PROVIDES THIS INFORMATION "AS IS" AND IS NOT
LIABLE FOR THE ACCURACY, COMPLETENESS, AND/OR
RELIABILITY OF THE CONTENTS OF THE INFORMATION
PROVIDED HEREIN. TO THE EXTENT PERMITTED BY
LAW, Peach Think, Inc. DISCLAIMS ALL WARRANTIES
EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE.
PeachThink,
Inc. products and services may require
regulatory approval in some jurisdictions, and,
the purchase, ownership, and/or use of certain
products or services may not be lawful in some
jurisdictions. The presentation of information
about PeachThink, Inc. Peach Think, Inc.
products and services and the availability of
an order entry page within this home page are
not intended to constitute an offer for sale by
us in any jurisdiction, nor are they intended
to constitute a solicitation for offers to buy
in any jurisdiction where the purchase,
ownership, and/or use of our product or service
has not received any required regulatory
approval or where the purchase, ownership
and/or use of our product or service
is unlawful.
The
information contained in this home page is
presented as a public service only. The
information is not presented for the purpose of
conducting business within any jurisdiction
and us does not intend any information in
this home page to constitute an advertisement
or offer for sale of ourproducts and/or
services in any jurisdiction. All offers to
purchase are accepted by us in the
jurisdiction in which we makes the product
available for shipment from its dock. All sales
transactions are consummated, and title passes,
at the point of shipment.
5.
SUBMISSION OF
COMMENTS
All comments, suggestions, ideas, notes,
drawings, concepts or other information
disclosed or offered in this Web Site
(collectively, "Comments") in response to
solicitations in this Web Site shall be deemed
and shall remain the property of Peach Think,
Inc.. None of the Comments shall be subject to
any obligation of confidence by
us. PeachThink, Inc. shall not be
liable for any use or disclosure of any
Comments. Without limitation of the foregoing,
PeachThink, Inc. shall exclusively own all
present or hereafter existing rights to the
Comments of every kind and nature throughout
the world and shall be entitled to unrestricted
use of the Comments for any purpose whatsoever
without compensation to the provider of the
Comments.
6.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR COMPANY,
WEBSITE OR OWNERS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS
OF PROFIT, AND LOSS OF DATA, REGARDLESS OF THE
CAUSE OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE RESULTING
FROM THE USE OR INABILITY TO USE THIS WEB SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE FOREGOING LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
7.
GOVERNING LAW
This Agreement shall be governed by the laws of
the state of New York and venue and
jurisdiction for all disputes will exclusively
lie in New York.
8. Trademarks and registered
trademarks:
All products or service names mentioned on this
server are trademarks or registered trademarks
of their respective owners.
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