|
Thank you for visiting the World Wide Website (the "Website") of Paul Brian, LLC.
Notice to all users: Carefully read the following legal agreement before using this Website. By using the Website, you acknowledge and signify your assent to, and agreement to abide by, these terms and conditions of use. If you do not agree to these terms and conditions of use, please disconnect from and do not use this Website. This legal information and the terms and conditions of use are applicable to all pages of the Paul Brian, LLC Website.
The Website is made available to you solely for your personal informational noncommercial use, in accordance with this Important Legal Information and Disclaimers page. These terms and conditions apply to all visits by you to the Website, now or in the future. They may be modified by Paul Brian, LLC at any time, and from time to time, by posting an updated Important Legal Information and Disclaimers page. Your access and use of the Website is also governed by all applicable federal, state, and local laws.
Paul Brian, LLC reserves the right to pursue all remedies available to it in the event of any breach of any of these provisions, and further reserves the right to terminate your access to any registered-access-only portion of the Website at any time for any or no reason.
Warranties and Disclaimers
ALTHOUGH PAUL BRIAN, LLC ATTEMPTS TO PROVIDE ACCURATE AND TIMELY CONTENT AND FUNCTIONAL SERVICES ON THE WEBSITE, PAUL BRIAN, LLC IS MAKING ALL CONTENT CONTAINED ON THE WEBSITE AND ALL ELEMENTS THEREOF (INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, SERVICES, INFORMATION, AND MATERIALS PROVIDED THROUGH THE WEBSITE) AVAILABLE TO YOU "AS IS," WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, USAGE, TRADE PRACTICES, OR THE LIKE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND THAT IN NO EVENT AND UNDER NO CIRCUMSTANCES (AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PAUL BRIAN, LLC, OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR BUSINESS PARTNERS, OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS OR SAVINGS, DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE, COMPUTER MALFUNCTIONING, BUSINESS INTERRUPTION, BUSINESS LOSS, LOSS OF INFORMATION, OR OTHERWISE, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER) OR ANY INJURIES, LOSSES, CLAIMS, COSTS, OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, ACCESS TO, BROWSING IN, DOWNLOADING FROM, OR INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL INFORMATION, DOCUMENTS, TEXTS, IDEAS, CONCEPTS, TECHNIQUES, PROCEDURES, METHODS, SYSTEMS, DESIGNS, PLANS, IMBEDDED THINGS, IMAGES, SOUNDS, GRAPHICS, VIDEOS, CHARTS, SOFTWARE, DATA, AND/OR OTHER MATERIALS CONTAINED ON OR CONSTITUTING THE WEBSITE), EVEN IF PAUL BRIAN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING INCLUDES (WITHOUT LIMITATION) ANYTHING CAUSED BY ANY VIRUSES; BUGS; HUMAN ACTION OR INACTION; ACTION, INACTION, OR MALFUNCTIONS OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM; OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITE.
Revisions to Website
You acknowledge and agree that Paul Brian, LLC reserves the right to add, modify, revise, and/or remove any and all information, content, products, and services contained on the Website, including (without limitation) this legal information, at any time for any reason, without notice or obligation.
You further acknowledge and agree that by entering the Website, you will be bound by any such revisions to the Website, and that Paul Brian, LLC has encouraged you to periodically visit the Website and this page from time to time to review the then-current Terms and Conditions, because they are binding on you. If any modification or addition is unacceptable to you, you must discontinue your use of the Website. Your continued use of the Website will mean that you have accepted the modification.
Paul Brian, LLC may also suspend or discontinue any aspect or functionality of the Website at any time, in its sole discretion.
The Website has been prepared solely for the purpose of providing information about Paul Brian, LLC and the services it offers. The Website has been compiled in good faith by Paul Brian, LLC. The information set forth in the Website does not purport to be complete. Therefore, you acknowledge and agree that while Paul Brian, LLC will make reasonable efforts to update the information on the Website, Paul Brian, LLC makes no commitment to do so, and disclaims any duty to do so. Any contents at the Website are subject to change without notice, and Paul Brian, LLC makes no representations or warranties as to the accuracy, reliability, timeliness, or completeness of any information, text, graphics, links, or other items contained within the Website.
PAUL BRIAN, LLC WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THE WEBSITE OR ANY DISRUPTIONS THAT THEY MAY CAUSE, NOR FROM ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU.
Trademark Information
Paul Brian, LLC owns all right, title, and interest in and to the Website. You may access the Paul Brian, LLC Website for your personal informational non-commercial use only.
The Paul Brian fine jewelry logo is a registered trademark of Paul Brian, LLC. You acknowledge and agree that all trademarks, trade names, brands, service marks, logos, copyrights, slogans, and other identifying marks (collectively, the "Marks") appearing or displayed on the Website are the property of either (i) Paul Brian, LLC and/or (ii) other third parties contained therein. The Website does attempt to label all such Marks. You may not copy or use any of the Marks, or any marks confusingly similar to the Marks, without the express prior written consent of Paul Brian, LLC or such third party which may own the Marks. You agree not to adopt any mark that may be confusingly similar to any of the Marks, and to immediately cease use of any such mark upon request of Paul Brian, LLC. Paul Brian, LLC reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Paul Brian, LLC. Paul Brian, LLC also reserves all rights not expressly licensed hereunder.
You further acknowledge and agree that that all right, title, and interest in and to all content on, or that makes up, the Website (including, without limitation, any and all information, documents, texts, ideas, concepts, techniques, procedures, methods, systems, designs, plans, imbedded things, images, sounds, graphics, videos, charts, software, data, and/or other materials contained on or constituting the Website) is the sole and exclusive property of Paul Brian, LLC and its licensors, and is protected by (among other bodies of law) U.S. and international copyright, data protection, trademark, and other intellectual property laws and international treaties. You acknowledge and agree that Paul Brian, LLC is the copyright owner and licensor of such material, and that no portion of such material may be used in any manner, or for any purpose by you, without the express prior written consent of Paul Brian, LLC. Without limiting the generality of the foregoing, you may not, without the express prior written consent of Paul Brian, LLC: (a) modify such materials or use them for any commercial purpose or any public display; (b) modify, copy, upload, download, post, distribute, decompile, reverse engineer, disassemble, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such materials, in any form or by any means, to or for any third party; (c) remove any copyright or other proprietary notices from such materials; or (d) transfer such materials to another person. Any unauthorized use of such materials by you may subject you to penalties and/or damages, including (without limitation) to infringement of Paul Brian, LLC's and others parties' copyrights, trademarks, privacy rights, publicity rights, and/or other intellectual property rights.
Nothing on the Website shall be construed as granting (expressly, by implication, by estoppel, or otherwise) any license or right under any Paul Brian, LLC or third party copyright, trademark, trade secret, or patent, or to use any image, trademark, logo, or service mark at the Website. No act of downloading or otherwise copying from the Website will transfer title to any material on the Website to you.
Paul Brian, LLC reserves all rights with respect to copyright ownership, trademark ownership, and intellectual property rights of all material on the Website, and will enforce such rights to the full extent of the law.
Nondisruption
You agree not to: (i) engage in any satire, parody, disparagement, or defamation of, or to otherwise interfere with, Paul Brian, LLC or any aspect of its actual or prospective business operations; (ii) portray Paul Brian, LLC in a false, negative, or misleading matter; (iii) interfere with the operation of the Website; or (iv) take any action that imposes an unreasonable burden on any infrastructure associated with the Website.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that you have no right of privacy or confidentiality with respect to any posting you make to the Website. Without limiting the generality of the foregoing, you acknowledge and agree that any material, messages, information, or communication that you transmit to the Website (whether or not personally identifiable, and whether or not solicited), in any manner and for any reason, including any feedback or suggestions that you submit to Paul Brian, LLC, will be deemed and treated as NONCONFIDENTIAL and NONPROPRIETARY information and shall become Paul Brian, LLC's sole and exclusive property, and that any and all information, documents, texts, ideas, concepts, techniques, procedures, methods, systems, designs, plans, imbedded things, images, sounds, graphics, videos, charts, software, data, and/or other materials that you transmit to the Website may be copied, disclosed, distributed, incorporated, and otherwise used by Paul Brian, LLC and its designees anywhere, anytime, and for any reason (commercial or non-commercial) whatsoever in its and/or their sole discretion, without restriction or obligation. You further acknowledge and agree that if Paul Brian, LLC decides to use or revise such materials, it may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
You further acknowledge and agree that solely you are responsible for any posting that you make to the Website or information that you submit to the Website. You shall not post or transmit to or through the Website (a) any unlawful, threatening, libelous, defamatory, obscene, pornographic, vulgar, profane, abusive, or indecent information of any kind; (b) any materials that violate, plagiarize, infringe upon, or misappropriate the rights of others, or that violates any law; (c) material that contains a virus or other harmful or deceptive component; or (d) any solicitation, advertising, promotion, or marketing material.
Links to and from Third-Party Websites
The Website may contain links to websites or frame information from third-party websites. By proceeding with such link, you will be leaving the Paul Brian, LLC Website and be taken to a website or frame information on a third-party website. Paul Brian, LLC is not responsible for and does not endorse the content, products, or services contained in such websites, or the entities sponsoring such websites. The links to such websites from the Paul Brian, LLC Website is provided for convenience only. Paul Brian, LLC has not reviewed such websites linked to, such linked websites are not under the control and are not the property of or in any way created by Paul Brian, LLC, and Paul Brian, LLC is not responsible for the content, accuracy, relevancy, compliance, decency, or legality of such linked websites or any link contained in such linked websites. The links do not constitute any endorsement, approval, association, sponsorship, affiliation, or recommendation, direct or indirect, express or implicit, by Paul Brian, LLC, and Paul Brian, LLC shall have no obligation or liability with respect to any access by you of such linked websites or use and/or purchase of any information, product, or service on such linked websites. If you decide to continue to access such third party websites, you do this entirely at your own risk. Different terms and conditions may apply to your use of such linked websites. Paul Brian, LLC reserves the right to terminate such links at any time.
No permission is hereby granted to you to link from any other website to any portion of the Paul Brian, LLC Website, or to frame any materials contained in the Paul Brian, LLC Website, without the express prior written consent of Paul Brian, LLC.
Applicable Law
The Website is controlled by Paul Brian, LLC from its offices within the United States of America. You acknowledge and agree that although the information and materials on the Website may be read throughout the world, the Website is designed and intended for use solely in the United States, and your entrance into the Website will be construed and evaluated according to the laws of the United States. If you choose to access the Website from another country, you do so on you own initiative, and are responsible for compliance with any and all applicable local laws. If the information and materials in the Website do not conform to the laws of the country where you access the Website, the information is not meant for you. Paul Brian, LLC makes no representation that the information and materials contained in the Website are appropriate or available for use and/or purchase in countries outside the United States.
This agreement and its performance, and any claim relating to the information and materials on the Website, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Delaware, County, Pennsylvania, in all questions and controversies arising out of these legal terms and/or your use of the Website.
In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. These terms and conditions contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the subject, and may not be amended or modified except in a writing agreed to by Paul Brian, LLC.
|