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Legal Terms and Conditions

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. Americawhere.com owners creators designers etc. 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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