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Terms of Use Agreement
Welcome to PresentationUSA. We
maintain this web site as a service to our customers. By using our
site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do
not agree to these terms, you should not review information or obtain
goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited.
3. Trademarks. PresentationUSA, PresentationUSA.com and others
are either trademarks or registered trademarks of Seth Adam, LLC Other
product and company names mentioned on the Site may be trademarks of
their respective owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
5. Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information
or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE
OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER
ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY
GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses
by you and all information provided by you in any manner consistent
with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
12. Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of
this Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any
applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions are intended to
identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related filings
or documents.
15. Links to other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave
our Site and access these third-party sites, you do so at your own
risk.
16. Copyrights and Copyright Agents. We respect the
intellectual property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the
following information:
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An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work that you claim
has been infringed;
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A description of where the material that you claim
is infringing is located on the Site;
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Your address, telephone number, and email address;
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A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
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A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is the Intellectual Property Rights Manager
who can be reached as follows:
Seth Adam, LLC
Intellectual Property Rights Manager
1103 Pebble Drive
Greensboro, NC 27410
Copyrights@PresentationUSA
336.852.8760
17. Refund Policy. If a product purchased by
you proves to be defective or not to your reasonable satisfaction, you
can return the product within 10 days of receipt, to the following
address: Seth Adam, LLC, 1103 Pebble Drive, Greensboro, NC 27410. In
such event, we will provide you a credit for other purchases on the
Site (less shipping and handling charges incurred). This Section 17
sets forth your sole and exclusive right to refund and return.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
19. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in all 50 states and shall be governed by
and construed in accordance with the laws of the State of North
Carolina (without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in
Section 8 and Section 10. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against
either party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Winston-Salem, North
Carolina. You expressly submit to the exclusive jurisdiction of said
courts and consents to extra-territorial service of process. Should
any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
20. Shipping Policy. All orders for stock items
which are received by 1:00 PM EST, will normally be processed that day
and shipped within 48 hours. Orders for non-stock items which are
received by 1:00 PM EST, will be shipped upon receipt into our
warehouse. For all under $75.00 will be subjected to a $5.00 service
charge. Click here to review
our complete shipping policy and rates.
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