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accept without modification the notices, terms and conditions set forth in this
agreement. You may not modify,
copy (except as set forth in the preceding sentence), distribute, transmit,
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transfer or sell any information, material, software, products or services from
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Your use of this
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notices, terms and conditions set forth herein. In addition, as a condition of
your use of this Site, you represent and warrant to PatPatricelli.com that you
will not use this Site for any purpose that is unlawful, immoral or prohibited
by these terms, conditions and notices.
If you do not agree and accept without modification the notices, terms
and conditions set fourth herein, do not use this Site. Other than this agreement and
agreements between you and PatPatricelli.com relating to the sale of products
or services to you through this Site, PatPatricelli.com will not enter into any
agreement with you or obligation to you through this Site and no attempt to
create such an agreement or obligation will be effective.
Trademarks:
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registered and unregistered Trademarks of PatPatricelli.com and others. Nothing on this Site should be
construed as granting, by implication, estoppel or otherwise, any license or
right to use any Trademark displayed on the Site, without the prior written
permission of the Trademark owner. PatPatricelli.com aggressively enforces its
intellectual property rights to the fullest extent of the law. The name of PatPatricelli.com, the PatPatricelli.com
logo or the other PatPatricelli.com may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this Site,
without prior, written permission from PatPatricelli.com. PatPatricelli.com prohibits the use of
the PatPatricelli.com logo as part of a link to or from any Site unless
establishment of such a link is approved in advance by PatPatricelli.com in
writing. Fair use of PatPatricelli.com
Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may
be the Trademarks of their respective owners.
Links
to Third Party Sites:
This Site may
contain links to Sites owned or operated by parties other than PatPatricelli.com.
Such links are provided for your reference only. PatPatricelli.com does not
control outside Sites and is not responsible for their content. PatPatricelli.com’s inclusion of links
to an outside Site does not imply any endorsement of the material on the Site
or, unless expressly disclosed otherwise, and sponsorship, affiliation or
association with it’s owner, operator or sponsor, nor does PatPatricelli.com
inclusion of the links imply that PatPatricelli.com is authorized to use any
trade name, trademark, logo, legal or official seal or copyrighted symbol that
may be reflected in the linked Site.
PatPatricelli.com Information:
The
information and materials in this Site are provided for your review in
accordance with the notices, terms and conditions set forth herein. These
materials do not necessarily reflect the opinions of PatPatricelli.com or any
of its affiliates or agents. These
materials are not guaranteed or represented to be complete, correct or
up-to-date. You may not act or
rely on any information or materials in this Site and you particulary should
not make any investment deciaions based on any information or materials in this
Site. You must independently
verify the accuracy of all such information and materials before acting or
relying thereon or making any investment decsions in connection therewith. These materials may be changed from
time to time without notice.
No Warranties; Exclusion of Liability:
PatPatricelli.com
makes no representation about the suitability of the materials on this Site for
any purpose. All such materials are provided “as is” without warranty of any
kind, express or implied. PatPatricelli.com specifically disclaims all
warranties and conditions of any kind, including all implied warranties and
conditions of merchantability, fitness for a particular purpose, title and
non-infringement. PatPatricelli.com
does not have any liability or responsibility for any errors or omissions in
the content of this Site, for your action or inaction in connection with this
Site or for any damage to your computer or data or any other damage you may
incur in connection to this Site. Your use of this Site is at your own
risk. In no event shall either PatPatricelli.com
or its affiliates or agents be liable for any direct, indirect, punitive,
incidental, special or consequential damages arising out of or in any way
connected with the use of this Site, the materials in this Site, the delay or
inability to use this Site or otherwise arising in connection with this Site,
whether based on contract, tort, strict liability or otherwise, even if advised
of the possibility of any such damages.
Some
states and/or jurisdictions do not allow the exclusion or limitation of
incidential or consequential damages, so the above exclusion may not apply to
you.
Contacting
Us:
If you have any
questions about this agreement-
please
call us at 707.766.9389,
send an e-mail: PatPatricelli.com,
or write to us at:
555 Castro Street
San Francisco, CA 94114
Attention: Pat Patricelli
Although PatPatricelli.com
will in most instances be able to receive your e-mail or other information
provided through this Site (including without limitation, service requests and other
submissions), PatPatricelli.com does not guaranty that it will receive all such
e-mail or other information timely and accurately and shall not be legally
obligated to read, act on or respond to any such e-mail or other
information. Be aware that Internet
e-mail typically is not secure.
General:
This site resides on
a server in Santa Rosa, California, USA. You agree that this agreement and your
use of this Site are governed by the laws of the State of California, USA, You
hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals, agencies and other dispute resolution organizations in Santa Rosa,
California, USA in all disputes (a) arising out of, relating to, or concerning
this Site and/or this agreement, (b) in which this Site and/or this agreement
is an issue or a material fact, or (c) in which this Site and/or this agreement
is referenced in a paper filed in a court, tribunal, agency or other dispute
resolution organization. Use of this
Site is unauthorized in any jurisdiction that does not give full effect to all
provisions of this agreement, including without limitation this paragraph and
the warranty disclaimers and liability exclusions above. PatPatricelli.com has
endeavored to comply with all legal requirements known to it in creating and
maintaining this Site, but makes no representation that materials on this Site
are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any
jurisdiction where all or any portion of this Site may violate any legal
requirements and you agree not to access this Site in any such
jurisdiction. You are responsible
for compliance with applicable laws.
Any use in contravention of this provision or any provision of this
agreement is at your own risk and, if any part of this agreement is invalid or
unenforceable under applicable law, the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of this
agreement shall govern such use.
If all applicable
parties agree, any claim, dispute or controversy arising out of, relating to or
concerning this Site and/or this agreement shall be decided by binding
arbitration in accordance with the Rules of the American Arbitration
Association and any such arbitration proceedings shall be brought and held in
Santa Rosa, California, USA. The decisions of the arbitrators shall be binding
and conclusive upon all [parties involved and judgement upon any award of the
arbitrators may be enters by any court having competent jurisdiction. This provision shall be specifically
enforceable in any court of competent jurisdiction.
You agree that PatPatricelli.com
may at any time and without notice change the terms, conditions and notices
under which this Site is offered.
You agree that no
joint venture, partnership, employment or agency relationship exists between
you and PatPatricelli.com as a result of this agreement or your use of this
Site.
PatPatricelli.com’s
performance of this agreement is subject to existing laws and legal process and
nothing contained in this agreement is in derogation of PatPatricelli.com’s
right to comply with law enforcement requests or requirements relating to your
use of this Site or information provided to or gathered by PatPatricelli.com
with respect to such use.
This agreement
constitutes the entire agreement between you and PatPatricelli.com with respect
to this Site. This agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and PatPatricelli.com with respect to this Site. No modification of this
agreement shall be effective unless is authored by PatPatricelli.com, or its
affiliates, or unless it is physically signed in blue ink by a PatPatricelli.com
officer. Any alleged waiver of any breach of this agreement shall be deemed to
be a waiver of any further breach. A printed version of this agreement and/or
of any notice given by PatPatricelli.com in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement or your use of this Site to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained by PatPatricelli.com in printed form.