1. TERMS AND CONDITIONS
Following are the terms and conditions which govern the use of the Peach Think, Inc. web site ("Web
Site"). These terms and conditions are intended to be a legal and binding Agreement between
PeachThink, Inc., including its affiliates and contractors, and you. By accessing and browsing this
Web Site, you acknowledge that you have read and reviewed the following terms and conditions and
that you agree to be bound by them. This agreement constitutes the entire and complete agreement
between you and PeachThink, Inc.
1a. Usage/Browsing/Viewing/Ordering constitues
AGREEMENT OF ALL TERMS. Usage of this
website will constitute that YOU, the browser, visitor, company, person, robot or system, AGREE
UNDISPUTED WITH ALL TERMS AND CONDITIONS OF THIS WEBSITE. You, by browsing this stie,
using this site or viewing this site, AGREE TO EVERY TERM AND CONDITION GIVEN, and all updated
TERMS to this site that may be in place from time to time. You also agree to all
our owned copyrights, trademarks and, refrain from copying or disputing any
such fact. If you disagree with any such terms, you are hereby asked to exit immediatelly
from this site and place a block on your browser from ever using this site as you are no longer
thereby authorized to visit, use, browse or do business with this site whatsoever if you do not
agree to any and all terms and agreements of our site, including all changes that are made from
time to time.
1b. LEGAL EXPENSES AND LIABILITY OF
DISPUTES AND DISPUTING PARTIES
Any disputes or legal challenges to this website shall
constitue that any and all disputing parties shall be responsible and pay for the following, but
not limited to, ALL LEGAL FEES, COURT FEES, LEGAL REPRESENTATION, LOSS OF TIME, LOSS
OF REVENUE, LOSS OF EXPENSES, COMPENSATION IN ANY AND ALL ASPECTS of our business and
website and all BUSINESS and/or personal LOSS caused by the disputing parties. ALL
LEGAL REPRESENTATION for us shall all be paid by the disputing parties, for the
entire dispute, regardless of outcome. Any legal action we may have to take or
initiate against any disputing parties, including, but not limited to, lawsuits,
legal actions, legal actions to uphold this agreement which you entered into and agreed to buy
visiting, viewing or using this website or claims, disputing parties,
shall also be paid by the disputing parties.
2. SIGNATURE/BINDING ACCEPTANCE
By ordering any product from this website, you agree that providing a unique email address and
postal address on the online order form or via email will be used in lieu of your written signature
and will be considered to be legally binding as if your signature was placed on the order and/or
credit card transaction receipt. This would also apply if you have visited our website, sent an
email in the affirmative that you would like to place an order using a unique email address, and
the order was conducted by telephone. In that situation, we will consider contact and negotiations
which were conducted to consummate a sale to have been a verbal contract which is legally binding
by law.
You also agree that
PeachThink, Inc., at its discretion can and will seek alternative remedies to include but not
limited to collections and legal remedies as allowed by law to seek due compensation and payment
for products ordered and delivered. And if such action is taken, you agree to pay all legal and
collection cost incurred by said corporation to secure payment. It is the responsibility of the
visitor to review our terms of service, return policies, privacy policies, and any other
information you may feel to be relevant prior to completing a transaction with us.
3. TRADEMARKS;
COPYRIGHT PROVISIONS
All information and material contained in this Web Site are subject to copyright and/or trademark
protection laws. You may not distribute the media in any form, in whole or in part, without the
prior written permission from PeachThink, Inc.. You are also not permitted to link or "mirror" any
part of this Web Site without the prior written permission from us.
PeachThink, Inc. does not
grant any copyright license, actual or implied, through the presentation of graphics, text, or
photographs within this home page. Nor does Peach Think, Inc. intend to make available for any use,
any copyrighted materials within this home page beyond those fair uses defined in law or equity
under the Doctrine of Fair Use of copyrighted materials.
4.
DISCLAIMERS
PeachThink, Inc. PROVIDES THE INFORMATION IN THIS INTERNET WEB SITE AS A PUBLIC SERVICE
TO ITS CUSTOMERS, AND RESERVES THE RIGHT TO CHANGE THE CONTENTS OF THE INFORMATION WITHOUT NOTICE.
Peach Think, Inc., PROVIDES THIS INFORMATION "AS IS" AND IS NOT LIABLE FOR THE ACCURACY,
COMPLETENESS, AND/OR RELIABILITY OF THE CONTENTS OF THE INFORMATION PROVIDED HEREIN. TO THE EXTENT
PERMITTED BY LAW, Peach Think, Inc. DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
PeachThink, Inc.
products and services may require regulatory approval in some jurisdictions, and, the
purchase, ownership, and/or use of certain products or services may not be lawful in some
jurisdictions. The presentation of information about PeachThink, Inc. Peach Think, Inc. products
and services and the availability of an order entry page within this home page are not intended to
constitute an offer for sale by us in any jurisdiction, nor are they intended to constitute a
solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of our
product or service has not received any required regulatory approval or where the purchase,
ownership and/or use of our product or service is unlawful.
The information contained in
this home page is presented as a public service only. The information is not presented for the
purpose of conducting business within any jurisdiction and us does not intend any information
in this home page to constitute an advertisement or offer for sale of ourproducts and/or services
in any jurisdiction. All offers to purchase are accepted by us in the jurisdiction in which we
makes the product available for shipment from its dock. All sales transactions are consummated, and
title passes, at the point of shipment.
5. SUBMISSION OF
COMMENTS
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or
offered in this Web Site (collectively, "Comments") in response to solicitations in this Web
Site shall be deemed and shall remain the property of Peach Think, Inc.. None of the Comments shall
be subject to any obligation of confidence by us. Americawhere.com owners creators designers
etc. shall not be liable for any use or disclosure of any Comments. Without limitation of the
foregoing, PeachThink, Inc. shall exclusively own all present or hereafter existing rights to the
Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of
the Comments for any purpose whatsoever without compensation to the provider of the
Comments.
6. LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, WEBSITE OR OWNERS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, AND
LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
7. GOVERNING
LAW
This Agreement shall be governed by the laws of the state of New York and venue and
jurisdiction for all disputes will exclusively lie in New York.
8. Trademarks and registered trademarks:
All products or service names mentioned on this server are trademarks or registered trademarks of
their respective owners.
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