DISCLAIMER
Privacy West makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any report sold on this site. All business situations are unique and you must seek independent legal advice regarding your privacy needs and the implementation of any privacy policy. Do not rely solely on the reports contained on this site.
COPYRIGHTS AND TRADEMARKS
Buyer agrees to waive all Fair Use rights with respect to the contents of any report supplied by Privacy West. The contents of all reports are copyrighted works. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, reports or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Privacy West. Copyright 2000, 2001. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to Privacy West, or other respective owners that have granted Privacy West the right and license to use such Marks.
PAYMENT
Privacy West utilizes the Pay Pal system in order to collect payments for products purchased on this site. Pay Pal will bill your credit card and your monthly statement will reflect this. Pay Pal is a company independent of Privacy West and Privacy West makes no warranties or representations regarding the services provided by Pay Pal. Please familiarize yourself with PayPals terms and conditions including, but not limited to, PayPals privacy policy.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIVACY WEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.PRIVACY WEST DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR ANY CD MADE AVAILABLE THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIVACY WEST DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF PRODUCTS OR OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRIVACY WEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PRIVACY WEST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
Site user hereby agrees to indemnify, defend and hold harmless this website and its owners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting from the use of this web site. Under no circumstances, including negligence, shall this web site, its officers and employees, agents, subcontractors, or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use this web site or the products sold on this website even if this web site has been advised of the possibility of such damages; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to this web site's records, programs or services.
APPLICABLE LAWS
Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Privacy West products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Privacy West products) must be commenced within one (1) year after the claim or cause of action arises. Privacy West's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Privacy West may assign its rights and duties under this Agreement to any party at any time without notice to you.
Privacy West makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
ARBITRATION
By using this Site, you agree that Privacy West, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
TYPOGRAPHICAL ERRORS
In the event Privacy West product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Privacy West shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Privacy West shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
SEVERANCE
If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
ENTIRE AGREEMENT
Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral).
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