ATTENTION:
These terms of use set forth the basis on which you are permitted to access and use this website, www.PenateProductions.com (the “Site”). Please read the terms of use carefully before using the Site. By accessing and using the Site in any way, including, without limitation, browsing the Site, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Site in any manner.
OWNERSHIP:
All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by Penate Productions® Internet, Inc. (“Penate Productions®”) and are hereby reserved.
USE OF SITE AND DOCUMENTS:
Penate Productions® hereby authorizes you to use the Site. Penate Productions® reserves the right to terminate your access to the Site at any time, without notice, for any reason whatsoever. Penate Productions® reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Penate Productions’ sole discretion.
TRADEMARKS/COPYRIGHTS:
PENATE PRODUCTIONS®, the Penate Productions® logo, and any other marks used on the Site are trademarks of Penate Productions® or their respective owners. Such marks may not be used without the prior written consent of Penate Productions®. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
NO UNLAWFUL OR PROHIBITED USE:
You may not use the Site for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Site in any manner that could damage, disable, overburden or otherwise impair any Penate Productions® server or the network(s) connected to any Penate Productions® server, or interfere with any other person’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or the computer systems or networks connected to any Penate Productions® server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Site.
LINKS:
Any links to third party Sites are provided for your convenience only, and Penate Productions® makes no recommendation or endorsement as to such Sites or the products or services offered thereon. You may link to the Site, unless notified otherwise in writing by Penate Productions®. However, you may not frame the Site in a manner that may cause confusion to Penate Productions® customers, nor may you interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
SPAM EMAIL AND POSTINGS:
You agree that Penate Productions® would be irreparably harmed by the use, by you or others, of the Site or facilities in connection with the transmission of spam, news group postings or unsolicited email in violation of the terms of use as provided herein, and that Penate Productions® is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Penate Productions® reserves the right to block, filter or delete unsolicited email.
DISCLAIMER:
THE CONTENT CONTAINED IN THE SITE IS PROVIDED BY PENATE PRODUCTIONS® FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT. ANY INFORMATION OR ADVICE PROVIDED THROUGH THE SITE THAT IS RELATED TO SUPPORT OF PENATE PRODUCTIONS® SERVICES AND/OR PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN YOU AND PENATE PRODUCTIONS®, AND NOT TO THESE TERMS OF USE. ANY MENTION IN THE SITE OF NON PENATE PRODUCTIONS® PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
LIMITATION ON LIABILITY:
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT:
(i) IN NO EVENT WILL PENATE PRODUCTIONS® OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ANY SITE LINKED TO THE SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; AND
(ii) THE AGGREGATE LIABILITY OF PENATE PRODUCTIONS® OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND
(iii) PENATE PRODUCTIONS® SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF PENATE PRODUCTIONS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
ENTIRE AGREEMENT:
These terms of use are the entire agreement between you and Penate Productions® in relation to your use of the Site, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Penate Productions®’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.
GOVERNING LAW AND JURISDICTION:
This agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the choice of law provisions thereof. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties. Any such controversy or claim which cannot be resolved within thirty (30) days, shall be resolved by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys’ fees, arbitration fees, and other such costs). EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY.