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following Terms of Use contain the complete terms and conditions
that apply to an individual's or entity's use of PacificLights
Incsite. As used in this Agreement, "We," "Us"
or "Our" refers to Pacific Lights Inc, and "You"
or "Your" refers to the user. "Site" means
any Pacific Lights Inc site posted on the World Wide Web.
1.
ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and
conditions and Your waiver of any and all claims against Pacific
Lights Inc, its parents, subsidiaries, affiliates, contractors,
agents, officers, directors or employees arising out of Your use
of Our Site or any materials, information, opinions or recommendations
contained on Our Site.
2.
MODIFICATION
We may modify any of the terms and conditions in these Terms of
Use, at any time and in Our sole discretion, by posting a change
notice or a new user agreement on Our Site. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR
USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING
ACCEPTANCE OF THE CHANGE.
3.
COPYRIGHT
3.1
Use.
All content included on Our Site, such as text, graphics, logos,
button icons, images, audio clips and software, is Our property
or that of Our content suppliers and is protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on Our Site is Our property
protected by U.S. and international copyright laws. All software
used on Our Site is Our property or that of Our software suppliers
and is protected by U.S. and international copyright laws. You
may electronically copy and print in hard copy portions of Our
Site for the limited purpose of placing an order with Us or using
it as a shopping resource. Any other use-including reproduction
for purposes other than those noted above, modification, distribution,
transmission, republication, display or performance-of the content
on a Site without Our prior written permission is strictly prohibited.
3.2
Penalty.
Unauthorized copying of the software, or failure to comply with
the above restrictions, may result in severe civil and criminal
penalties. Unauthorized duplication of the software constitutes
copyright infringement and, in the United States, is punishable
in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil
penalties allow the recovery of actual damages based on the number
of copies produced plus the profits of the infringer, or statutory
damages of up to U.S.$100,000 for willful copyright infringement.
4.
DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE
OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY
IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING
OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE
OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND
WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT
OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS
THAT LINK TO OUR SITE.
5.
CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions
or original or creative ideas (collectively, "Materials")
submitted through Our Site. If despite this policy you submit
any such Materials, We will deem it Our property. We will not
treat the Materials as confidential, and We will not be liable
for any use or disclosure of such Materials. Without limitation,
We will own the exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials for any purpose,
commercial or otherwise, without compensation to the submitter
of such Materials.
6.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL
NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR
SITE.
7.
INDEMNIFICATION
You will defend and hold harmless Pacific Lights Inc, its parents,
subsidiaries, affiliates, contractors, agent, officers, directors
and employees against all claims, losses, damages, liabilities,
costs and expenses (including reasonable attorneys' fees and costs)
made due to or arising out of a violation of these Terms of Use
or Your use of this Site, including, without limitation, any claim
arising out of unauthorized links to Our Site.
8
MISCELLANEOUS
8.1
Nonwaiver. If
We fail to insist upon or enforce strict performance of any provision
or right under the terms and conditions of these Terms of Use,
it will not be construed as a waiver of any provision or right;
rather, the same will be and remain in full force and effect.
8.2
Choice of Law.
These Terms of Use will be interpreted, construed and enforced
in all respects in accordance with the laws of the State of Washington
to the exclusion of any other law which may be imputed in accordance
with choice of law rules applicable in any jurisdiction. The 1980
U.N. Convention on Contracts for the International Sale of Goods
or any successor thereto does not apply to these Terms of Use.
For any suit or claim pertaining to these Terms of Use or any
information furnished hereunder, You irrevocably consent to the
jurisdiction and venue of any state or federal court sitting in
Cook County, Illinois, USA, and You will not commence an action
or proceeding relating to the subject matter of these Terms of
Use in any other jurisdiction.
8.3 English Language Governs. It
is the express wish of the parties that these Terms of Use be
drawn up in English. C'est la volonté explicite des parties
que ces termes d'usage soient rédiger en anglais.
8.4
Independent Contractor.
These Terms of Use will not be interpreted or construed to create
or evidence a partnership, joint venture or franchise relationship
among the parties or as imposing any partnership or franchiser
obligation or liability on either party, our dealers are considered
Independant Contractors , they purchase our product and resell
it, for profit.
8.5
Compliance With Laws.
You will comply at Your own expense with all statutes, regulations,
rules, ordinances and orders of any governmental body, department
or agency that apply to or result from Your use of Our Site.
8.6.
Severability.
If any provision of these Terms of Use will be unlawful, void
or for any reason unenforceable, then that provision will be deemed
severable from and will not affect the validity and enforceability
of any remaining provisions.
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