In these Terms and Conditions of Use, the expressions “we”, “us” and “our” are a reference to Pemberton Appliance Company, INC. and pembertonappliance.com
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This website is owned by Pemberton Appliance Company, INC. and maintained by MyPointNow.com. Visitors who choose to use this website do so on their own initiative and are solely responsible for compliance with all laws, rules and regulations applicable to the use of this website and the information, content, material ("Content") and services contained herein.
You agree to use this website only for lawful purposes. You agree to use this website only for its intended purposes. We reserve the right to prohibit any conduct involving this website that is deemed to be inappropriate. You agree not to disrupt this website. You agree not to interfere with or compromise the security of this website, or any computer, server, account, network, data, software and/or hardware associated with this website. You agree not to disrupt or interfere with any other visitor's use of this website. You agree not to attempt to obtain access to any portion of this website, any computer, server, account, network, software and/or hardware associated with the website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this website and the Internet, including all applicable copyrights.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with, or results from, your use of this website or any linked website, or from any material you download or access from this website or any linked website. The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us or its affiliates. You link to any such website entirely at your own risk.
You may not copy, print, download, upload, post or otherwise distribute on this website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such copying, printing, downloading, uploading, posting or distribution on the web. The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the person violating such rights to civil penalties and criminal prosecution. MyPointNow.com and Pemberton Appliance Company, INC., its officers, directors, employees, agents, administrators and representatives are not liable for damages caused by any infringement resulting from your actions involving copyrighted or proprietary right protected material.
pembertonappliance.com, Pemberton Appliance Company, INC. and logos as well as http://www.pembertonappliance.com are either registered trademarks, trademarks, trade names, or otherwise protected property of MyPointNow.com and may not be used, copied or imitated without the prior written consent from pembertonappliance.com. pembertonappliance.com's intellectual property may not be used in connection with any information that is not directly provided by Pemberton Appliance Company, INC. or in any manner that is likely to cause confusion in the consumer or trade market, or in any manner that disparages Pemberton Appliance Company, INC., its officers, directors, employees, agents, administrators and representatives. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without our express written permission. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. The compilation of the Content on this website is the exclusive property of pembertonappliance.com and is protected by United States copyright laws. You may not mirror any Content contained in this website on any other website or server.
Pemberton Appliance Company, INC. and its affiliated parties will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive and/or consequential damages arising from the use of the website, the Content available through this website or any linked website. Neither Pemberton Appliance Company, INC. nor any of our affiliated parties, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website shall be liable, under any circumstances for any damages, including but not limited to direct, indirect, incidental, punitive, and/or consequential damages, and including but not limited to damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this website or any linked website, resulting from any acts or omissions, including but not limited to acts of God, network failure, hardware or software failure, theft, unauthorized access, our negligence or your own errors or omissions, and any other cause, even if pembertonappliance.com has been advised of the possibility of such damages. You agree that this section applies to all Content available through this website. In any jurisdiction where exclusion or limitation of liability for any type of damages is prohibited, pembertonappliance.com's liability is limited to the maximum extent allowed by that jurisdiction.
The website contains links to other third-party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.
You agree to indemnify, defend and hold pembertonappliance.com, MyPointNow.com and its affiliated parties harmless from and against all damages, losses, costs and expenses pembertonappliance.com, MyPointNow.com or any of its affiliated parties may incur as a result of your use, misuse or improper use of this website or your use, misuse or improper use of the Content and other information available through this website.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.