Conditions of Use
Persnickety Palm maintains this web site (the "Web Site") as a service to its customers. By using the Web Site, you agree to comply with and be bound by the following terms and conditions (the "Agreement"), which we may change at any time by posting notice on the Web Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Web Site. Use of the Web Site is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Web Site is not to be accessed or used by minors.
In addition, when using any particular service of the Web Site, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted from time to time, which are hereby incorporated into this Agreement.
Finally, in the event that you decide to purchase any of the goods or services offered by Persnickety Palm via the Web Site, we require that you register and agree to be bound by the PURCHASE TERMS AND CONDITIONS (the "Purchase Agreement"). Those terms are in addition to, and not in lieu of, the terms and conditions found in this Agreement, and in the event of any conflict between the terms of the two agreements, the terms of the Purchase Agreement will control.
1. Conditions on Using the Web Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Web Site, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are proprietary to us or to third parties.
Persnickety Palm authorizes you to view, download, and print the Site Content subject to the following conditions: (a) you may only download and print the Site Content in limited quantities as required to evaluate whether the good and services displayed on the Web Site are appropriate for your intended use; (b) you may not modify the Site Content; (c) any displays or print outs of the Site Content must be marked "© Persnickety Palm, Inc., All rights reserved". ; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, copying, modifying reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Persnickety Palm. In addition, you may not link to any part of the Web Site or any Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere.
All software used on the Web Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The mark "Persnickety Palm" are proprietary to us, and they may not be used in connection with any service or products other than those provided by Persnickety Palm, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Persnickety Palm. Any use of those marks, or any others displayed on the Web Site, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use or other exploitation of the Web Site and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Web Site, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
2. Submissions to Persnickety Palm Belong to Persnickety Palm.
Persnickety Palm is pleased to hear from you and welcomes your comments regarding the Web Site and Site Content. In the event that you submit ideas, suggestions, materials or other information to Persnickety Palm, whether at the request of Persnickety Palm or not (all of the foregoing being "Submissions"), the Submissions will be deemed, and will remain, the sole property of Persnickety Palm. None of the Submissions will be subject to any obligation of confidence on the part of Persnickety Palm, and Persnickety Palm and Persnickety Palm Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Persnickety Palm will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against Persnickety Palm or its affiliates, successors, assigns, licensees, partners, designers, manufacturers and suppliers (collectively, "Persnickety Palm Affiliates"), as well as any users of the Web Site.
3. Links to Third Party Web Site Are Not Endorsements.
The Web Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Persnickety Palm. Such links are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
4. Warranty Disclaimers and Limitations of Liability.
Persnickety Palm and Persnickety Palm Affiliates make no representations or warranties of any kind regarding the Web Site and the Site Content. The Web Site and Site Content are provided in "AS IS" condition, and Persnickety Palm and Persnickety Palm Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEB SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEB SITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Persnickety Palm, any of Persnickety Palm Affiliates or through the Web Site or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEB SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER Persnickety Palm NOR Persnickety Palm AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Web Site or the Site Content, including any allegation or claim that Persnickety Palm or Persnickety Palm Affiliates has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Web Site or the Site Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Persnickety Palm OR Persnickety Palm AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF Persnickety Palm OR Persnickety Palm AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Your Indemnity of Persnickety Palm and Persnickety Palm Affiliates; Termination of Use.
You agree to indemnify, hold harmless, and at their respective options, defend Persnickety Palm and Persnickety Palm Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorney and professional fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Web Site or Site Content. For any indemnified matter, Persnickety Palm and Persnickety Palm Affiliates will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with Persnickety Palm and Persnickety Palm Affiliates in such matter.
Persnickety Palm may, at its option, terminate a user access to any or all of the Web Site, including your password and account, and may remove or delete any Content or Submissions you may have submitted.
6. Digital Millennium Copyright Act Compliance.
Persnickety Palm complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
7. Privacy Policy.
Persnickety Palm is concerned about user privacy and operates the Web Site under the PRIVACY POLICY. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
8. Applicable Law and Jurisdiction; Compliance.
The Web Site (excluding links) are controlled by Persnickety Palm and operated by Persnickety Palm from its offices in and around Rockville, Maryland. Although Persnickety Palm has made no effort to publish the Web Site elsewhere, because the Web Site are published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Maryland and from each other, and as you and Persnickety Palm both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Web Site, by using the Web Site you and Persnickety Palm agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the substantive laws of Maryland, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Web Site will be heard and resolved in the courts in Maryland. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Web Site from locations other than Maryland, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Web Site or Site Content in violation of U.S. export laws or regulations.
9. Miscellaneous Provisions.
No delay or omission by Persnickety Palm in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Persnickety Palm of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Persnickety Palm regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
