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WEB SITE TERMS AND CONDITIONS RELATING .
Your check to us means you agree to these terms
www.pennyterk.com (referred to below as “the company”)
Who Can Use This Site and How
- The user must be over 18 to use this site.
- The user is truthful in information disclosed on the site and agrees to what he or she is buying and will pay for it in full.
- The user agrees NOT TO COPY materials on the site, not to reverse engineer or break into the site, and not to use the website material, products or services to break the law.
- The user agrees to use the site as per instructions, not to disclose his/her password to others for use.
- Use of this site is at the discretion of this company and any use of it by anyone may be terminated by the company at any time.
Statement of Any Purchase Policies
- The user agrees to abide by any and all policies regarding purchases, warranties, shipping, returns or otherwise. There are FTC regulations and other laws which govern sales of products over the Internet, as they do in mail order and store purchases.
Waiver of Implied Legal Warranties
In consideration for the use of Company’s services and/or internet services and other good and valuable consideration, receipt which hereto is acknowledged, User hereby acknowledges that the Company has expressly disclaimed and User expressly waives any and all warranties either expressed or implied, including but not limited to claims under the Uniform Commercial Code, the implied warranty for good or workmanlike services, the implied warranty of merchantability and the implied warranty for fitness for a particular purpose. This agreement serves notice that this company waives all involvement in any of the user’s legal warranties implied under the Uniform Commercial Code. The UCC implied warranties include the following: merchantability (item will do what it is intended to), fitness for purpose (that if the items fitness for a particular purpose is stated, it will meet that purpose), non-infringement (that the product does not infringe other parties’ rights) and title (that the seller owns what he/she is selling).
Liability Limits and Postings
In consideration for the use of Company’s services and/or internet services and other good and valuable consideration, receipt which hereto is acknowledged, User hereby releases and forever holds harmless Company and Company’s owners, agents, assignees, attorneys, shareholders, officers, directors, employees, partners, and/or members from any and all claims arising out of or in anyway related to use of Company’s services and/or internet services. The term “claims” as used herein includes but is not limited to claims regarding sums of money, claims for relief in law or equity, all claims found in tort, contract, express or implied warranties, including but not limited to claims under the Uniform Commercial Code, the implied warranty for good and workmanlike services, the implied warranty of merchantability, the implied warranty for fitness for a particular purpose, any claims under the Texas Deceptive Trade Practices Act, claims for attorney’s fees, consequential damages, and any claims or actions under state or federal statutes or common law irrespective of jurisdiction. THIS RELEASE INCLUDES A RELEASE OF CLAIMS OR DAMAGES RESULTING FROM THE NEGLIGENCE OF COMPANY. To the extent that any court or arbitrator must construe this release of liability, it shall be construed broadly and in favor of a complete release of liability from any claims or demands.
Furthermore, User agrees to indemnify and hold harmless Company for any claims brought by any person or entity claiming rights by through or under User. This includes a complete waiver of subrogation rights of any subrogee of User.
This company has NO liability relating to damages of ANY kinds regarding use of the site, errors on the site, viruses on the site or products, failure of the site to operate, third party link, and any purchase or service!
Users may NOT post any materials that are libelous, obscene or infringing of a copyright or trademark. Postings of said items can cause the user to be held legally liable for those postings. This company PERMITS disclosure of user information to law enforcement authorities where applicable as a result of subpoena.
Indemnification
The user hereby indemnifies the company for any claims resulting from user’s use of this web site service. This means that if the company is sued due to a user’s actions, the company has a legal remedy to sue the User and require the User to pay for any and all costs the company is forced to pay from such a claim.
CHOICE OF LAW, VENUE, AND ARBITRATION
This agreement and any and all claims or disputes regardless of nature, shall be governed by the laws of the State of Texas, irrespective of any choice of law provisions provided by statute or common law, and the venue for the resolution of any disputes shall be in Dallas County, Texas.
To the extent that any disputes regarding this agreement or any services provided hereunder, User and Company both agree to arbitrate said disputes in accordance with the American Arbitration Association’s Rules in effect at the time said dispute arises. Both User and Company agree that said arbitration shall be final and binding and waive any and all rights to a trial by jury.
SEVERANCE CLAUSE
If any part of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall be held to be in full force and effect.
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