Third Party Services:
Special links or routing icons may be included within PremiumPromoUSA, Inc.’s Web site, the activation of which will allow you to access and learn more about PremiumPromoUSA, Inc. and other services provided by PremiumPromoUSA Inc. or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
LIMITATION OF LIABILITY:
PremiumPromoUSA INC. SHALL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PREMIUMPROMOUSA, INC.’S WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PREMIUMPROMOUSA, INC.’S WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, USE, PROFITS, VALUES OR OTHER INTANGIBLES, EVEN IF PREMIUMPROMOUSA, INC. HAS BEEN WARNED OF THE LIKELIHOOD OF SUCH DAMAGES.
Promotional Messages:
PremiumPromoUSA, Inc. may, occasionally, send email messages to you containing promotions, advertisements, etc. PremiumPromoUSA, Inc. makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from PremiumPromoUSA, Inc., and you agree that PremiumPromoUSA, Inc. shall not have any liability with respect thereto.
Indemnification:
You agree to indemnify and hold each officer and/or employee of PremiumPromoUSA, Inc., its parent companies, subsidiaries and affiliates, innocent from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of PremiumPromoUSA, Inc.’s Web site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law:
These Terms of Use shall be governed by and explained in accordance with the laws of the State of New York, without regard to conflicts of laws provisions thereof. The sole jurisdiction and setting for actions related to the subject matter hereof shall be New York State and U.S. Federal courts sitting in the County of Rockland or, the New York State and U.S. Federal courts having within their jurisdiction the location of PremiumPromoUSA, Inc. principal place of business. In any action or undertaking to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Assistance for Breach of these Terms by You:
In the event that PremiumPromoUSA, Inc. determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct improper for the community of PremiumPromoUSA, Inc.’s Web site, PremiumPromoUSA, Inc. reserves the right to (i) advise you via email that you have violated these Terms of Use; (ii) eliminate all content provided by you to PremiumPromoUSA, Inc.’s Web site, (iii) eliminate any content provided by you or your agent(s) to PremiumPromoUSA, Inc.’s Web site, (iv) stop your registration with PremiumPromoUSA, Inc.’s Web site and/or any other PremiumPromoUSA, Inc. community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which PremiumPromoUSA, Inc. deems to be suitable.
Miscellaneous:
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be explained or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in congruence with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or forbearance to any extent of such party's right to insist or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
PremiumPromoUSA, Inc. may assign its rights and responsibilities under these Terms of Use and upon such assignment PremiumPromoUSA, Inc. may be relieved of any further liability hereunder.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on PremiumPromoUSA, Inc.’s Web site as authorized by PremiumPromoUSA, Inc.) constitute the entire understanding between the parties as to the contents herein, and supersede all prior agreements and understandings. Any legally voided provision of these Terms of Use will, at the election of PremiumPromoUSA, Inc., be removed or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
You represent to PremiumPromoUSA, Inc. that you have the authority to register with PremiumPromoUSA, Inc.’s Web site in agreement to these Terms of Use. |