The words “we”, “us”, “our” and “Paulo” refer to Paulo Products Company and its subsidiaries, and any agent, independent contractor or assignee Paulo may, in its sole discretion, involve in the provision of the Site. The words “you” and “your” refers to visitors and users of this Site. A reference to the term “Site” includes any Paulo site or Paulo service associated with or which may be accessed directly or indirectly in connection with the Paulo Site or its related web sites.
By using the Site, you are entering into a legal agreement with Paulo to abide by these TOS. If you do not wish to be bound by the TOS, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or anything available on the Site, is to stop using the Site or the particular services.
Nothing in the Terms of Service shall be interpreted to alter Paulo’s Statement of Limited Liability or its Standard Payment Terms and Conditions.
Certain services available in connection with the Site may contain terms of service that are more restrictive than these TOS. Both these TOS and terms of service specific to that certain services apply to your use of this Site. In the event of a conflict between these TOS and more restrictive terms of service, the more restrictive terms of service shall control. Paulo reserves the right to change the TOS or policies regarding the use of the Site at any time and to notify you by posting an updated version of the TOS on this Site. You are responsible for regularly reviewing the TOS. Continued use of the Site after any such changes shall constitute your consent to such changes.
Paulo may discontinue or make changes in the information, products or services described herein at any time. Any dated information is published as of its date only, and Paulo does not undertake any obligation or responsibility to update or amend any such information. Paulo reserves the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering information or services via this Site, no solicitation is made by Paulo to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
Copyright Notices. The works of authorship contained in this Site, including but not limited to all design, text, and images, are owned, except as otherwise expressly stated, by Paulo or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Paulo, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. ¿¿107), as amended. However, you may download or make one copy of the downloadable materials displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Any modification of the materials contained on the Site, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of copyrights and other proprietary rights of Paulo.
Disclaimers/Limitation of Liability. Your use of any aspect of the Site is at your own risk. Paulo does not represent or warrant and will not be liable for (a) any error or omission of Paulo, or any act or omission of any Third Party Site; (b) any error, delay, interruption, operational problem, unavailability, or failure in the Site, any Site component, or any directly or indirectly related equipment, system, programming, or network (including the Internet); (c) any breach of security involving the Site or your account, unless Paulo specifically accepts liability elsewhere on the Site; (d) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site; (e) or that the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Paulo shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site, unless Paulo specifically agrees elsewhere to be liable for the aforementioned items.
PAULO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE FOR ANY PURPOSE. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PAULO AND/OR THE RESPECTIVE THIRD PARTY SITES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PAULO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION; DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE DELAY OR INABILITY TO USE THE SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE; OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAULO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ITS RELATED WEB SITES.
Third Party Sites. The Site may include links to sites on the Internet that are owned or operated by third parties (“Third Party Sites”). When linking to a Third Party Site, you do so at your own risk and should review and determine if you agree to such party’s rules of use before using such site. You also agree that Paulo has no control over the content of that site and cannot assume any responsibility for material created or published on Third Party Sites. Paulo makes no warranties, either express or implied, concerning the content of such Third Party Sites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Paulo warrant that such Third Party Sites or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any transaction you conduct using the Third Party Site or through the Site are transactions entered into solely between you and the Third Party Site to which you are linked. Paulo has no liability whatsoever for activities associated with such transactions. In some instances, Paulo may receive a referral fee in connection with the Third Party Site. PAULO DOES NOT PROVIDE, ENDORSE OR GUARANTEE ANY OF THE INFORMATION, RECOMMENDATIONS, PRODUCTS OR SERVICES OF ANY THIRD PARTIES OR THIRD PARTY SITES, NOR DOES IT ACCEPT ANY LIABILITY IN CONNECTION WITH THE SECURITY MEASURES EMPLOYED BY SUCH THIRD PARTIES OR THIRD PARTY SITES.
Indemnity. You agree to indemnify, defend, and hold harmless Paulo, its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from your breach of these TOS or arising out of your use or conduct on the Site.
Internet Connection. You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Paulo shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
Email. Email may not be secure, so please do not use e-mail to send us communications which contain confidential information such as Account Numbers, Social Security Number, PIN and Passwords, or communications which require immediate attention. If you have questions about your existing Paulo account, please call us instead.
Intended Users. The Site is restricted to current Customers of Paulo. All others are prohibited from accessing or using information in any way.
Jurisdiction. These TOS and the relationship between you and Paulo shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions and any applicable Federal laws or regulations. You and Paulo agree to submit to the personal and exclusive jurisdiction of the courts located within St. Louis County, Missouri.
General Terms. These TOS, as well as any written and signed agreements which you may have with Paulo, constitute the entire agreement between you and Paulo with respect to the Site and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Paulo to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TOS are for convenience only and have no legal or contractual effect.
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