Pems Place - Terms of Use

General Information

Welcome to the Pem's Place website. The Pem's Place website and Webmaster are to be referred to collectively hereinafter as "Webmaster" Those who access and use this site are subject to following notices, terms and conditions. If you do not agree with these notices, terms and conditions, then do not use this site.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. New, modified or changed information is periodically added to this website. Webmaster may make improvements and/or changes in the document(s) and/or the program(s) described herein at any time.

Disclaimer of Warranties and Limitation of Liability

THE WEBMASSTER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBMASTER SERVICES ARE PROVIDED BY THE WEBMASTER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBMASTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBMASTER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBMASTER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBMASTER SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBMASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBMASTER DOES NOT WARRANT THAT THE WEBMASTER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBMASTER SERVICES, WEBMASTER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE WEBMASTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBMASTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WEBMASTER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WEMASTER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices Regarding Software, Documents and Services Available on this Website

In no event shall Webmaster be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in direct connection with the use or performance of software, documents, provision of or failure to provide services, or information available on this website.

Disputes

Any dispute or claim relating in any way to your use of any Webmaster Service, or to any products or services sold or distributed by the Webmaster or through PemsPlace.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any Webmaster Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Webmaster.

Risk of Loss

All items purchased from the Webmaster are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Links to Third Party Sites

The links contained within this site will allow you to leave Webmaster's web site. The linked sites are not under the control of Webmaster and Webmaster is not responsible for the contents of any linked site or any link contained in a linked site. Webmaster is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by the Webmaster.