LEGAL

WARRANTY DISCLAIMERS, LIMITATIONS AND OTHER TERMS OF USE

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY LIMIT OR NEGATE RIGHTS YOU MAY HAVE OTHERWISE HAD WITH RESPECT TO THE USE OF THIS WEBSITE.

 

Preparation Concierge (“we” or “us”) offers access to the website (the “Site”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”) and the Privacy Policy displayed on the Site. In addition, particular features, applications and activities offered as part of the Site may also be subject to additional terms specified in connection with such features, applications and activities, all of which are incorporated herein by reference.

 

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY WHICH MAY BE REVIEWED HERE.

 

WARRANTY, LIABILITY AND DAMAGE DISCLAIMERS

 

The content, communications, advice, “gear” items whether recommended, suggested or not, and all other information contained on, or linked by, this site (collectively “Materials and Services”) have been obtained from, written by, or linked to sources/persons we believe to be reliable and accurate. However, we make no express or implied warranties or representations as to the accuracy, safety or completeness of any of the Materials and Services, and as further set forth herein, specifically disclaim any such warranties.  The Materials and Services may contain inaccuracies or errors. The site and contributors make no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Materials and Services. You agree that we shall not be liable for any loss or damage suffered by you or any third party allegedly or actually arising from any information, links, or suggestions contained on this site, and we assume no liability for any incidents or injuries resulting from your or third parties’ use or misuse of the Materials and Services. Neither the site, nor any contributor, is engaged in providing professional advice or services to the individual user or any third parties. The Materials and Services provided are for illustration and/or informational purposes only, and are not, nor are they intended to provide legal, medical, or any type of professional or lifesaving advice. You should consult with an appropriate professional regarding your individual situation. Any use of the information contained on the site shall be solely at your risk. Comments and opinions expressed on the site represent the personal views of the individuals to whom they are attributed and are not necessarily those of the Site, and we make no guarantee or warranty, express or implied, regarding the reliability, accuracy, or completeness of the Materials and Services. Your access to and use of the Materials and Services is at your own risk.

Preparation Concierge is a third-party that does not manufacture any “gear” items on or linked by the site, and there is no express or implied warranty of guarantee of their worthiness of any kind. For any issues with these items, please communicate with the manufacturers of said products themselves.

 

ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREPARATION CONCIERGE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL SUCH EXPRESS AND IMPLIED WARRANTIES AND YOU AGREE THAT SUCH PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ACTUAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, INJURY OR DEATH, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND ITS MATIERALS AND SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THIS SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PREPARATION CONCIERGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE OR IN THE SERVICES OR MATERIALS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE MATERIALS AND SERVICES THEREON IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. CERTAIN LIMITATIONS HEREIN MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.  HOWEVER, TO THE EXTENT ANY LIMITATIONS OR DISCLAIMERS ARE NOT PROHIBITED BY THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE, YOU SHALL BE BOUND BY THEM.

NO REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON PREPARATION CONCIERGE.COM CONSTITUTE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. PREPARATION CONCIERGE IS NOT AFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING PREPARATION CONCIERGE.COM.

 

MODIFICATION OF THESE TERMS

 

From time to time, we may modify or remove certain of the terms herein (the “Terms”). When we do, the “Last Updated” line above will be revised. You agree to be responsible for regularly reviewing these Terms, and you agree that your use of the Site following the posting of changes to the Terms constitutes your acceptance of those changes. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.

 

PERSONAL USE OF THE SITE

 

The Site and the Materials and Services thereon are for your personal, non-commercial use only. You shall not sell or commercially exploit in any manner the Site, access to the Site or any of the content that is featured or displayed on the Site (“Content”). You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from or transfer any of the Materials and Services without our express written permission. You acknowledge that any unauthorized use of any Materials and Services could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.

We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason.

 

You shall not use any robot, spider, scraper or other automated means to access the Site or any website provided as part of the Site for any purpose without our express written permission. You shall not (a) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of any of the Site or (c) bypass any measures we utilize to prevent or restrict access to the Site.

 

INTELLECTUAL PROPERTY

 

As between you and us, all intellectual property contained on the Site, including the Materials and Services thereon belong solely to us The Site may include content owned by others that is licensed to us.  You are specifically charged with knowledge of all worldwide laws and regulations related to the use of other individual’s/entities intellectual property and you agree to be bound by the same.  ALL RIGHTS RESERVED.

 

LINKS


As stated above, the Materials and Services may include links to third-party websites or resources. You acknowledge and agree that we specifically are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You agree that links to such websites or resources do not constitute any endorsement, express or implied by Preparation Concierge of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

 

INDEMNIFICATION 

 

You agree to indemnify, defend, and hold us harmless from and against all losses, claims, allegations, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and/or your use of the Site or the Materials and Services thereon.

 

APPLICABLE LAW AND DISPUTES

All Terms herein, including any and all disputes between you and us will be governed and enforced by, and interpreted in all respects, in accordance with the substantive laws of the State of New York, without regard to its choice of law provisions. Any disputes directly or indirectly arising out of or relating to the Terms or the Site, or any other disputes between you and us will be resolved exclusively in the state or federal courts located in New York, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site, as well as any other disputes between you and us, will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees or costs. Under no circumstances will you seek, or be permitted to obtain, any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for your actual out-of-pocket expenses.

 

YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN US.

 

You agree that any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site or any other dispute between you and us must be commenced within one (1) year after the claim or cause of action arises.

 

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time and you may not at any time assign any of your rights or duties hereunder.

 

Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.

 

ABOUT THESE TERMS


These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

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