Legal Disclaimer & Conditions of Use
Thank you for visiting Perfect Circle
Design. The Perfect Circle Design website has been made available to you
subject to your compliance with the terms and conditions set forth below
(the "Conditions of Use"). Please read this document carefully
before accessing or using the Perfect Circle Design website. By accessing
or using this website, you are agreeing to be bound by the Conditions
of Use. If you do not wish to be bound by the Conditions of Use, you may
not access or use the website. Click here
to exit the website.
Modification of these Conditions of Use
Perfect Circle Design reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective immediately
upon posting of such changes. You are therefore responsible for regularly
reviewing these Conditions of Use and additional terms or notices posted
on the Perfect Circle Design website. Your continued access of this website
shall be deemed your conclusive acceptance of the modified agreement.
Privacy
Please review our Privacy Policy, which also
governs your visit to Perfect Circle Design, to understand our practices
regarding the use and disclosure of your personal information.
Electronic Communications
When you visit Perfect Circle Design or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive communications
from us electronically or by other means available. We will communicate
with you electronically, by telephone or by facsimile. It is further understood
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to: Text,
graphics, logos, button icons, Flash movies, images, audio clips, digital
downloads, data compilations, and software, are the property of Perfect
Circle Design or its content suppliers and are protected by Domestic and
International copyright and trademark laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute any portion
of the website contents without the prior express written consent of Perfect
Circle Design.
You may print or download portions of the materials from various areas
of this website solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our website constitutes
a copyright infringement of another parties rights, please contact us
immediately at public@pcdx.com to
notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail,
flash movies, images, logos, audio loops, and other software hereby constitutes
your agreement to grant Perfect Circle Design a non-exclusive, royalty-free,
worldwide, sub-licensable, perpetual license, to reproduce, distribute,
transmit, modify, adapt, sub-license, and publicly display any such submissions.
You also grant Perfect Circle Design the right to utilize your name in
connection with all advertising, marketing and promotional materials related
thereto.
License and Website Access
Perfect Circle Design grants you limited license to access and make personal
use of this website and not to download (other than for page caching purposes)
or modify it, or any portion of it, except with the express written consent
of Perfect Circle Design. This website or any portion of this website
may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted
or otherwise exploited for any commercial purpose without the express
written consent of Perfect Circle Design. You may not frame, or use any
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, flash movie, page layout, or form)
of Perfect Circle Design without the express written consent of Perfect
Circle Design. You may not use META tags or any other "hidden text"
which utilize Perfect Circle Design, Perfect Circle Design Exchange, pcdx.com
or any other derivative of our domain or company name without the express
written consent of Perfect Circle Design. You are hereby granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page
of Perfect Circle Design so long as the link does not portray any false,
misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Perfect Circle Design cannot
and does not guarantee or warrant that files made available for downloading
through the Perfect Circle Design website will be free of infection or
viruses, worms, Trojan horses or other code that manifests contaminating
or destructive properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files obtained
through Perfect Circle Design are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY PERFECT CIRCLE DESIGN
ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERFECT CIRCLE
DESIGN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERFECT CIRCLE DESIGN
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PERFECT CIRCLE DESIGN DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS,
OR E-MAIL SENT FROM PERFECT CIRCLE DESIGN ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. PERFECT CIRCLE DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
PERFECT CIRCLE DESIGN USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS WEBSITE. PERFECT CIRCLE DESIGN ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR
OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS
LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, PERFECT
CIRCLE DESIGN SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED
FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY PERFECT CIRCLE
DESIGN IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO PERFECT
CIRCLE DESIGN FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL
BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
Linked websites are not under the control of Perfect Circle Design and
Perfect Circle Design is not responsible for the contents of any linked
site or any link contained in a linked site. Perfect Circle Design provides
links to you only as a convenience, and the inclusion of any link does
not imply or constitute an endorsement by Perfect Circle Design of the
site.
Applicable Law
By visiting the Perfect Circle Design website, you agree that the laws
of the state of New Jersey, without regard to principals of conflict of
laws, will govern these Conditions of Use and any dispute of any sort
that might arise between you and Perfect Circle Design.
Disputes
Any dispute relating in ay way to your visit or access of the Perfect
Circle Design website or to the products or services you purchase through
the Perfect Circle Design website shall be submitted to binding arbitration
in Middlesex County, New Jersey, except that, to the extent you have in
any manner violated or threatened to violate Perfect Circle Design's intellectual
property rights, Perfect Circle Design may seek injunctive or other appropriate
relief in any state or federal court in the state of New Jersey, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration
under these Conditions of Use shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Conditions of Use shall be joined to an arbitration involving
any other party subject to these Conditions of Use, whether through class
arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Perfect Circle Design,
its officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website from
and against all losses, expenses, damages and costs, including attorney's
fees, resulting from any violation of these Conditions of Use (including
negligent or wrongful conduct) by you or your use and access of the Perfect
Circle Design website.
International Use
Given the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data,
e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
Other Provisions
Perfect Circle Design's failure to insist upon or enforce strict performance
of any provision of these Conditions of Use 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 provision of these
Conditions of Use. Perfect Circle Design may assign its rights and duties
under these Conditions of Use to any party at any time without notice
to you. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity or enforceability of any remaining condition.
Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: brian@pcdx.com
(or) by our Mailing Address:
Perfect Circle Design
93 Gallmeier Road
Frenchtown NJ 08825
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