TERMS AND CONDITIONS FOR USE
This following Agreement terms and conditions govern the access to your subscription (the “Subscription”) to and usage of the Piranha Marketing, Inc. services (the "Online Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using the Online Services and the Materials. By accessing or using the Online Services and Materials, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Online Services and Materials. If you utilize the Online Services in a manner inconsistent with these terms and conditions, Piranha Marketing, Inc. may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. Piranha Marketing, Inc. may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Online Services and Materials shall be deemed your conclusive acceptance of the modified Agreement.
1. LICENSE; RESTRICTIONS ON USE
1.1 Except for distributions in compliance with these Terms and Conditions, you may not distribute your Subscription, Materials, any Online Services, or software associated with or derived from it, modify, copy, license, or create derivative works from the same, unless you obtain Piranha Marketing’s express written permission in advance.
1.2 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to you. This license includes:
(a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time;
(b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single printout of Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts");
1.3 Except as specifically provided therein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Covered Party. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
2. ACCESS TO SERVICES
2.1 Only subscribers of the Piranha Marketing, Inc. may access and use the Online Services.
2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued.
2.3 Your Subscription may be restricted from accessing certain Materials otherwise available in the Online Services.
2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 Piranha Marketing, Inc. represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these General Terms and Conditions.
3.2 Piranha Marketing, Inc. and its affiliates, officers, directors, employees, subcontractors, agents, successors, or assigns, makes no representations or warranty, express or implied, as to the accuracy, earnings claims, content, and advertising materials on its web sites. In the event that any advertisement is inaccurate, your sole remedy is for Piranha Marketing, Inc. to remedy such inaccuracy within fifteen (15) working days of it being notified of the inaccuracy. You understand and agree that the online content and advertising copy therein solely represents hypothetical examples and does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims for the user.
3.3 The content, claims, and representations of independent third-party testimonials from users of the Online Services and Materials is not subject to Piranha Marketing’s prior approval and no representation or warranty is given by Piranha Marketing, Inc. to the accuracy of such testimonials. Piranha Marketing, Inc. does not undertake to review the contents of any testimonials and any such review of, and approval by, Piranha Marketing, Inc. shall not be deemed to constitute an acceptance by Piranha Marketing, Inc. that such testimonial is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the its rights hereunder. You understand and agree that the online content, claims, and representations of such third party testimonials does not in any way guaranty income, revenue, or performance of the Online Services and Materials and does not in any way represent explicit or implicit earnings claims by Piranha Marketing, Inc. for the user.
3.4 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 3, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS 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.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
4.2 "Covered Party" means Piranha Marketing its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Piranha Marketing or its affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5.1 Piranha Marketing, Inc. reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, so that you will be apprised of any changes.
5.2 Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by Piranha Marketing, Inc. immediately. Your Subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.
5.3 Piranha Marketing, Inc. may terminate the Subscription for access to the Online Services. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. Piranha Marketing, Inc. may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
5.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Piranha Marketing, Inc. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to Piranha Marketing, Inc. should be sent to: support@JoePolish.com
5.5 The failure of Piranha Marketing, Inc. or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
5.6 You may not assign your rights or delegate your duties under the Subscription to access the Online Services without the prior written consent of Piranha Marketing, Inc.
5.7 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York.