Terms and Conditions of Use
Promomash provides services and features through its websites, programs and computer servers. By accessing or using Promomash, you are a “user” and you accept and agree to the Terms and Conditions of Use below (“TCU”) as a legal contract between you and Promomash. The TCU include and incorporate most (but not necessarily all) additional terms applicable to particular categories or services available on Promomash as set forth to users upon access to such categories or services. Promomash may post changes to the TCU at any time, and any such changes will be applicable to all subsequent access to or use of Promomash.
If you do not accept and agree to all provisions of the TCU, now or in the future, you may reject the TCU by immediately terminating all access and use of Promomash, in which case any continuing access or use of Promomash is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Promomash.
The TCU grant you a limited, revocable, nonexclusive license to access Promomash and use Promomash, in whole or in part, including but not limited to Promomash intellectual property therein, solely in compliance with the TCU.
“Promomash” and “promomash.com” are trademarks of Promomash and are protected by United States and international laws. The TCU do not authorize you to use Promomash-related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Promomash.
Promomash has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, audio, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via Promomash by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Promomash) by any user (or any other third party in any manner); and to enforce the TCU, for any reason and in any manner or by any means that Promomash, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Promomash may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Promomash action or inaction to regulate content or conduct or to enforce against any potential violation of the TCU by any user (or any other third party) does not waive Promomash’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TCU violation.
You also understand and agree that any action or inaction by Promomash or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Promomash Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TCU violation is undertaken voluntarily and in good faith, and you expressly agree that neither Promomash nor any Promomash Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TCU.
Although Promomash Representatives may moderate content, conduct and TCU compliance on Promomash at Promomash’s discretion, Promomash Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Promomash will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of Promomash will otherwise stop, cure or prevent any problem, content, conduct or purported TCU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Promomash Representative (or by anyone else acting on behalf of Promomash or by anyone purportedly acting on behalf of Promomash) that Promomash (including but not limited to any Promomash Representative, anyone else acting on behalf of Promomash, or anyone purportedly acting on behalf of Promomash) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TCU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that Promomash, Promomash Representatives and anyone else authorized to act on behalf of Promomash shall in no circumstance be liable as a result of any representation that Promomash, a Promomash Representative or anyone else on behalf of Promomash would or would not restrict or redress any content, conduct or potential or purported TCU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Promomash’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
Promomash also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Promomash at any time without notice. Promomash and Promomash Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Promomash does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from Promomash includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Promomash); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Promomash would violate these TCU or Promomash’s other legal rights; (8) content that offers, promotes, advertises or provides links to unsolicited products or services; and (9) content that inadvertently or intentionally makes a claim to diagnose, treat, or cure any disease or medical condition. Other content prohibitions are set forth in guidelines for particular categories or services on Promomash and all such prohibitions are expressly incorporated into these TCU as stated above.
You automatically grant and assign to Promomash, and you represent and warrant that you have the right to grant and assign to Promomash a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Promomash all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold Promomash and Promomash Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TCU. This indemnification obligation includes payment of any legal fees and costs incurred by Promomash or Promomash Representatives.
Promomash does not control, is not responsible for, and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Promomash, and, if you create an account on Promomash, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold Promomash and Promomash Representatives harmless from and against any third-party Claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Promomash, and related to or arising out of any conduct or activities on, through or by use of your Promomash account, if any. This indemnification obligation includes payment of any legal fees and costs incurred by Promomash or Promomash Representatives.
USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
Promomash and Promomash Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold Promomash and Promomash Representatives harmless from and against any third-party Claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any legal fees and costs incurred by Promomash or Promomash Representatives.
At Promomash we consider your privacy to be a serious matter. Please review our Privacy Notice, which also governs your visit to Promomash, to understand our privacy practices.
When you visit Promomash or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on or uploaded to this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Promomash or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Promomash and protected by U.S. and international copyright laws. All software used on this site is the property of Promomash or its software suppliers and protected by United States and international copyright laws.
All Promomash graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Promomash in the U.S. and/or other countries. Promomash’s trademarks and trade dress may not be used in connection with any product or service that is not Promomash’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Promomash. All other trademarks not owned by Promomash that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Promomash.
Patents owned by Promomash apply to this site and to the features and services accessible via the site as appropriate. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
Promomash grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Promomash. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Promomash. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Promomash without express written consent. You may not use any meta tags or any other “hidden text” utilizing Promomash’s name or trademarks without the express written consent of Promomash. Any unauthorized use terminates the permission or license granted by Promomash. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Promomash so long as the link does not portray Promomash, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Promomash logo or other proprietary graphic or trademark as part of the link without express written permission.
To maintain the integrity and functionality of Promomash for its users, access to Promomash and/or activities related to Promomash that are harmful to, inconsistent with or disruptive of Promomash and/or its users’ beneficial use and enjoyment of Promomash are expressly unauthorized and prohibited. For example, without limitation:
- The collection of Promomash users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of Promomash or any content posted on Promomash whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Promomash without individual written agreements executed with Promomash that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Promomash website, service, forum or content; (b) they access Promomash from a stable IP address using an easily identifiable agent; and (c) they comply with cl’s robots.txt file; provided however, that Promomash may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Promomash without their own written agreement executed with cl), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of Promomash to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Promomash (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access Promomash or copy, display, distribute, perform or create derivative works from Promomash webpages or other Promomash intellectual property in violation of the TCU or for purposes inconsistent with the TCU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Promomash or any provision of the TCU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Promomash webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of Promomash pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of Promomash in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Promomash in compliance with the TCU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Promomash in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TCU.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Promomash does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Promomash only with permission and supervision of a parent or guardian. Promomash reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Promomash’s sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Promomash reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Promomash a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Promomash and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Promomash for any and all Claims resulting from content you supply. Promomash has the right but not the obligation to monitor and edit or remove any activity or content. Promomash takes no responsibility and assumes no liability for any content posted by you or any third party.
Promomash respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately at email@example.com.
RISK OF LOSS
All items purchased from Promomash 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.
RETURNS AND REFUNDS
Promomash facilitates independent purchase transactions between Promomash users and its affiliate vendors. All requests for product returns or refunds of any sort shall be handled directly with the appropriate affiliate vendor(s). Promomash makes no warranty and assumes no responsibility whatsoever for the quality, function, authenticity, etc. of any products sold by its affiliate vendors.
Promomash attempts to be as accurate as possible. However, Promomash does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Promomash itself is not as described, your sole remedy is to resolve the issue with the appropriate affiliated vendor, according to their individual policies.
Except where noted otherwise, the List Price displayed for products/services on our website represents the full retail price listed on the product or service itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Promomash, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after the service has been provided and/or your order has been completed. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, contact you for instructions on how to proceed.
Please note that this policy applies only to products sold directly by Promomash. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
FEES AND PAYMENTS
Promomash may charge a specified fee to post content or for other features, products, services or licenses. You are responsible to Promomash for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Promomash, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable. Payments and purchases may not be canceled by the user, except as required by law. However, Promomash reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days. <>OTHER BUSINESSES
Parties other than Promomash may at some point operate stores, provide services, or sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Promomash does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PROMOMASH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PROMOMASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROMOMASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROMOMASH DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM PROMOMASH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMOMASH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WITHOUT LIMITING THE FOREGOING, PROMOMASH ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF PROMOMASH AND CONTENT ACCESSED THROUGH PROMOMASH; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON PROMOMASH OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
PROMOMASH AND THE PROMOMASH REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PROMOMASH OR ANY PROMOMASH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH; ANY INABILITY TO ACCESS OR USE PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF PROMOMASH OR CONTENT ACCESSED THROUGH PROMOMASH (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON PROMOMASH AND LINKS IN CONTENT ACCESSED THROUGH PROMOMASH).
You hereby release Promomash and each of the Promomash Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all Claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Promomash or content accessed through Promomash, or any interactions with others arising out of or related to Promomash or content accessed through Promomash, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to Claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any dispute or claim relating in any way to your visit to Promomash or to products or services sold or distributed by Promomash or through Promomash 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 Terms and Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to Promomash, Inc., at 556 S. Fair Oaks Avenue, #458, Pasadena, California, USA, 91105. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will only reimburse fees for Claims as directed by the assigned arbitrator. Promomash will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Claims are frivolous. Both you and Promomash may choose to participate in the arbitration by telephone, based on written submissions, or in person in the county where you live, or at another mutually agreed location.
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.
You acknowledge and agree that any violation or breach of the TCU may cause Promomash immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TCU or other applicable legal requirements, Promomash has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TCU. In addition to any and all other remedies available to Promomash in law or in equity, Promomash may seek specific performance of any term in the TCU, including but not limited to by preliminary or permanent injunction.
By visiting, shopping at, or in any way using Promomash, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Promomash.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Promomash. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
556 S. Fair Oaks Avenue #458
Pasadena, CA 91105