Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
Partner Marketing reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Partner Marketing. The collective work includes works that are licensed to Partner Marketing. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Partner Marketing or to purchase Partner Marketing products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Partner Marketing in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
Trademarks/Intellectual Property
All trademarks, service marks and trade names of Partner Marketing or Publix used in the website are trademarks or registered trademarks of Partner Marketing or Publix respectively. They may not be used without prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Partner Marketing and/or its licensors.
Product Orders
All orders placed through the website are subject to Partner Marketing's acceptance, which is in its sole discretion. Without limitation, this means that Partner Marketing may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Partner Marketing shall issue a credit to your credit card account.
Colors
Partner Marketing has made every effort to display the colors of our products that appear on the Web Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification
You agree to indemnify, defend, and hold harmless Partner Marketing, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
Privacy
Partner Marketing is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.
Limitation of Liability
PARTNER MARKETING SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF PARTNER MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, PARTNER MARKETING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, PARTNER MARKETING'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Polk County, Florida. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Partner Marketing. You agree that any notice, agreement, disclosure or other communication that Partner Marketing sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Partner Marketing's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 and conditions. Partner Marketing may assign its rights and duties under this Agreement to any party at any time without notice to you.
Termination
These terms and conditions are applicable to you upon your accessing the website. Partner Marketing reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Partner Marketing without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.