Powell's Sweet Shoppe Marketing and Online Information
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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. By using the Website or by using the services, which are made available on this site, including the ability to order and develop custom coupons ("the Service"), you agree to be bound by these Terms of Use as they may be amended from time to time. Any reference to the "Website" includes the Service made available on the Website. Golden Pacific Systems, Inc. ("Company"), and Powell's Sweet Shoppe ("Powell's Sweet Shoppe") reserve the right to amend these Terms of Use at any time by posting the amended terms to the Website. Your continued use of the Website constitutes acceptance of the amended terms. If you do not agree with these Terms and Conditions (as amended from time to time) or are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website. INTELLECTUAL PROPERTY OWNERSHIP AND USE: The materials hosted on the Website are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized to use the content on the Website for internal business purposes only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of these materials without the prior written consent of Company and Powell's Sweet Shoppe, except that you may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes, and you may print a reasonable number of pages for internal business purposes; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with Company, Powell's Sweet Shoppe or the applicable owner of such content. The Powell's Sweet Shoppe logo and all related product and service names, designs, and slogans are the trademarks or service marks of Powell's Sweet Shoppe. All other product and service marks on this site are the trademarks of their respective owners. USE OF The Powell's Sweet Shoppe WEBSITE; UPLOADING INFORMATION: You agree to use the Website only for lawful purposes. You understand that your use of the Website is subject to this site's Privacy Policy, which is a part of these Terms of Use. You agree not to do any of the following: (i) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Website to violate the legal rights (including the rights of publicity and privacy) of others; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; or (v) restrict or inhibit other subscribers' use of the Website or the Services. Company reserves the right, but does not assume any responsibility, to remove from the Website any material posted by you which Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Company has been notified, or has reason to believe, constitutes a copyright infringement. However, Company can neither review all material prior to transmission on the Website nor ensure prompt action with respect to objectionable material after it is transmitted on the Website. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Your failure to comply with the above provisions may result in the termination of your access to the Website and may expose you to civil and/or criminal liability. USERS AND SECURITY: The Website is intended for access and use solely by Powell's Sweet Shoppe franchisees, their authorized employees, and employees of Powell's Sweet Shoppe. You need a User ID and password to access and use certain parts of the Website. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of the User IDs, passwords and codes (collectively, "IDs") assigned to you, (2) instructing authorized Users to not allow another person to use their IDs, (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of their IDs, and (4) promptly informing Company in writing of any need to deactivate an ID due to security concerns. Company and Powell's Sweet Shoppe are not liable for any harm related to the theft of IDs, your disclosure of IDs, or you allowing another person or entity to access and use the Website using IDs. You shall immediately notify Company and Powell's Sweet Shoppe of any unauthorized use of IDs. FEES: You agree to pay all fees as set forth on the Website for the Service. You shall pay such fees to Company via an accepted valid credit card. THIRD-PARTY INFORMATION: With the mutual consent of Company and Powell's Sweet Shoppe, third party branding, contact information, web links or reference information may be provided on the The Powell's Sweet Shoppe Website. DISCLAIMER AND LIMITATION OF LIABILITY: THE WEBSITE AND INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. Company, Powell's Sweet Shoppe or any person associated with Company or Powell's Sweet Shoppe makes any warranty or representation with respect to the quality, accuracy or availability of the Website. Specifically, but without limiting the foregoing, Company, Powell's Sweet Shoppe or anyone associated with Company or Powell's Sweet Shoppe warrants or represents that the Website or the information provided on that Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Website or the server that makes it available are free of viruses or other harmful components; or that the Website will otherwise meet your needs or expectations. COMPANY AND Powell's Sweet Shoppe DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL COMPANY, Powell's Sweet Shoppe OR THEIR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE WHETHER SUCH DAMAGES RESULT FROM DELAY OR INTERRUPTION IN SERVICE; VIRUSES; DELETION OF FILES OR ELECTRONIC COMMUNICATIONS; ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT TRANSMITTED ON THE WEBSITE; OR ANY OTHER CAUSE. THE FOREGOING DISCLAIMERS SHALL APPLY WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY OR Powell's Sweet Shoppe AND WHETHER OR NOT COMPANY OR Powell's Sweet Shoppe HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED IN CERTAIN STATES OR COUNTRIES, AND MAY NOT APPLY TO YOU. INDEMNIFICATION: You agree to indemnify and hold harmless Company and Powell's Sweet Shoppe, their affiliates, agents, third-party information providers, third-party technology providers, merchants, licensors and others involved in the delivery of the Website or the delivery of products, services or information over the Website, and their respective officers, employees and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of these Terms of Use or otherwise arising out of your use of the Website. NOTICES: Any document transmitted to a party or agreement between the parties, whether in hard copy of electronic format, shall be considered to be a "writing" or "in writing." Any such document or agreement shall be deemed for all purposes (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. The conduct of the parties pursuant to these Terms of Use shall, for all legal purposes, evidence a course of dealing and a course of performance accepted by the parties in furtherance of these Terms of Use. The parties agree not to contest the validity or enforceability of documents or agreements under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby. Such documents or agreements, if introduced as evidence on paper in any judicial, arbitration, or other proceeding, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither party shall contest the admissibility of copies of electronically-transmitted documents or agreements under either the business records exception to the hearsay rule or the best evidence rule on the basis that such documents or agreements were not originated or maintained in documentary form. MISCELLANEOUS: These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Company and Powell's Sweet Shoppe with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Company and Powell's Sweet Shoppe may discontinue or alter any aspect of the Service, including, but not limited to, (i) modifying or changing the scope of the Service; (ii) restricting access to the Service if Company or Powell's Sweet Shoppe believes there has been a breach of these terms and conditions, including without limitation for non-payment of fees; and (iii) discontinuing or replacing certain content provided by third parties if such content is no longer made available to Company or Powell's Sweet Shoppe, at Company and Powell's Sweet Shoppe discretion and without prior notice or liability. If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. Company and Powell's Sweet Shoppe failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Company and Powell's Sweet Shoppe nor any trade practices shall be deemed to modify these Terms of Use.
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