OWNERSHIP All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by Penate Productions® Internet, Inc. (“Penate Productions®”) and are hereby reserved.
USE OF SITE AND DOCUMENTS Penate Productions® hereby authorizes you to use the Site. Penate Productions® reserves the right to terminate your access to the Site at any time, without notice, for any reason whatsoever. Penate Productions® reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Penate Productions’ sole discretion.
TRADEMARKS/COPYRIGHTS PENATE PRODUCTIONS®, the Penate Productions® logo, and any other marks used on the Site are trademarks of Penate Productions® or their respective owners. Such marks may not be used without the prior written consent of Penate Productions®. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
NO UNLAWFUL OR PROHIBITED USE You may not use the Site for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Site in any manner that could damage, disable, overburden or otherwise impair any Penate Productions® server or the network(s) connected to any Penate Productions® server, or interfere with any other person’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or the computer systems or networks connected to any Penate Productions® server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Site.
LINKS Any links to third party Sites are provided for your convenience only, and Penate Productions® makes no recommendation or endorsement as to such Sites or the products or services offered thereon. You may link to the Site, unless notified otherwise in writing by Penate Productions®. However, you may not frame the Site in a manner that may cause confusion to Penate Productions® customers, nor may you interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
LIMITATION ON LIABILITY AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT:
(i) IN NO EVENT WILL PENATE PRODUCTIONS® OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ANY SITE LINKED TO THE SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE; AND
(ii) THE AGGREGATE LIABILITY OF PENATE PRODUCTIONS® OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND
(iii) PENATE PRODUCTIONS® SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF PENATE PRODUCTIONS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
GOVERNING LAW AND JURISDICTION This agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the choice of law provisions thereof. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties. Any such controversy or claim which cannot be resolved within thirty (30) days, shall be resolved by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys’ fees, arbitration fees, and other such costs). EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY.