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Terms
of Use By
using this, or any other site, owned and operated by PN LLC (“PN”) and any
accompanying PN Services ("PN Services"), you agree to be bound by
the following terms and conditions (the "Terms of Service"). Content
Linked to by PN The sites linked to PN are developed by people
over whom PN exercises no control. These sites may send their own cookies to
users, collect data, or solicit personal information. We cannot guarantee that
a PN Services link will not locate unintended or objectionable content and
assume no responsibility for the content of any site linked to the PN Services.
We recommend that you review the policies of any such linked sites prior to
using them and contact the administrative personnel of such sites with any
questions. Privacy
Policy Changes
In Terms and Conditions and PN
Service We may modify or terminate our services from time
to time, for any reason or no reason, including the right to terminate with or
without notice, without liability to you, any other user or any third party. We
reserve the right to modify these Terms of Service from time to time without
notice. Please review these Terms of Service from time to time so that you will
be apprised of any changes. Disclaimer
of Warranties PN disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material displayed. PN disclaims
any responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. PN disclaims any responsibility for
any harm resulting from downloading or accessing any information or material on
the Internet through the PN Services. In no way shall the PN
Services be considered or deemed to be considered the rendering of tax,
accounting, or legal advice. THE PN SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE PN SERVICES ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. PN AND ITS LICENSORS EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. PN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PN SERVICES. PN AND
ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE PN SERVICES. PN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PN SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE PN SERVICES, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PN SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PN SERVICES AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION. Limitation
of Liability UNDER NO CIRCUMSTANCES SHALL PN OR ITS LICENSORS
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE PN SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE
SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PN OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PN
SERVICES, FROM INABILITY TO USE THE PN SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PN SERVICES (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE PN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PN SERVICES, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE PN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PN SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE PN SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS
LINKED OR RELATED IN ANY WAY TO, THE PN SERVICES. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE
FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
AGREEMENT, PN’S TOTAL LIABILITY ARISING FROM OR IN RELATION TO THE PN SERVICES
SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO PN WITHIN THE TWELVE (12)
MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH
LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE
ALLOCATION OF RISK CONTAINED IN THE TERMS OF SERVICE AND FIND IT REASONABLE,
AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN YOU AND PN. Without limiting the foregoing, under no
circumstances shall PN or its licensors be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning. Requests
for Removal of Links Miscellaneous
Provisions These Terms of Service will be governed by and
construed in accordance with the laws of the State of Florida, without giving
effect to its conflict of laws provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds any
provision or portion of the Terms of Service to be unenforceable, the remainder
of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service will be effective only if in writing and
signed by PN. |
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