Terms of Use Agreement

Date last revised: August 6, 2009

Welcome to our website, PineMark.com. Please read the following terms and conditions carefully. This Agreement sets forth the terms and conditions that apply to your access and use of this website owned and operated by PineMark, Inc., a Delaware corporation ("PineMark"), and located at www.pinemark.com ("PineMark.com"). Visiting and using PineMark.com means you accept to be bound by the terms and conditions of this Agreement.

ACCEPTING THE TERMS

By using the information, tools, features and functionality located on PineMark.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you are browsing the PineMark.com website) or you are a "Member" (which means that you are registered with PineMark). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with PineMark.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

PRIVACY

Please review our Privacy & Security notice, which also governs your visit to PineMark.com, to understand our policies. This may be modified from time to time and changes are effective once they are posted to the site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, downloads, and data compilations, and software, is the property of PineMark or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PineMark and protected by U.S. and international copyright laws. All software used on this site is the property of PineMark or its software suppliers and protected by United States and international copyright laws. PineMark grants you the right to view and use PineMark.com subject to these terms. You may download or print a copy of information provided on PineMark.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from PineMark.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

TRADEMARKS

PineMark, PineMark Certification and other PineMark.com graphics, logos, page headers, scripts, and service names are trademarks, registered trademarks or trade dress of PineMark in the U.S. and/or other countries. PineMark's trademarks and trade dress may not be used in connection with any product or service that is not PineMark's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PineMark. All other trademarks not owned by PineMark that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PineMark.

LICENSE AND SITE ACCESS

PineMark grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PineMark. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PineMark. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PineMark without express written consent. You may not use any meta tags or any other "hidden text" utilizing PineMark's name or trademarks without the express written consent of PineMark. Any unauthorized use terminates the permission or license granted by PineMark. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PineMark.com so long as the link does not portray PineMark, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PineMark logo or other proprietary graphic or trademark as part of the link without express written permission.

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor PineMark.com or any portion of PineMark.com, without PineMark's express written consent, which may be withheld in PineMark's sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search PineMark.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of PineMark.com or the Service; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of PineMark.com or the Service.

YOUR USE OF THE SERVICE

Your right to access and use PineMark.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use PineMark.com for lawful purposes.

Accurate records enable PineMark to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of PineMark.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of PineMark.com or other actions that PineMark, in its sole discretion, may elect to take.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The name, email, and password you provide when you sign up and any other contact information provided together form your "Registration Information". If you are under 18, you may use PineMark.com only with involvement of a parent or guardian. PineMark reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

ELECTRONIC COMMUNICATIONS

By providing us with your e-mail address, you consent to receive communications from us electronically to that e-mail address. We will communicate with you by e-mail or by posting notices on this site. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you become aware of any unauthorized use of your Registration Information, you agree to notify PineMark immediately using the PineMark contact form.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. PineMark reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant PineMark a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PineMark and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PineMark for all claims resulting from content you supply. PineMark has the right but not the obligation to monitor and edit or remove any activity or content. PineMark takes no responsibility and assumes no liability for any content posted by you or any third party.

PINEMARK OFFERS AND THIRD-PARTY LINKS

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. PineMark does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

RIGHTS YOU GRANT TO US

By submitting information, data, passwords, usernames, other log-in information, materials and other content to PineMark through the Service, you are licensing that content to PineMark solely for the purpose of providing the Service. PineMark may use and store the content, but only to provide the Service to you. By submitting this content to PineMark, you represent that you are entitled to submit it to PineMark for use for this purpose, without any obligation by PineMark to pay any fees or other limitations.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PINEMARK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO PINEMARK.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF PINEMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PINEMARK'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PINEMARK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PINEMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PINEMARK DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINEMARK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PINEMARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINEMARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 MIGHT HAVE ADDITIONAL RIGHTS.

DELETING YOUR ACCOUNT

This Agreement will continue to apply until terminated by either you or PineMark as set out below. If you want to terminate your legal agreement with PineMark, you may do so by closing your account for the Service.

Please use the directions below to cancel your account:

  1. Login to your PineMark account.
  2. Go to the PineMark contact form.
  3. Include in your message your request to delete the account, your email address, and the reason for your request.
  4. Press "Send".
  5. Your account will be closed within 48 hours subject to and as explained in our Privacy Policy.

PineMark may at any time, terminate its legal agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if PineMark in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

PINEMARK INDEMNIFICATION

You shall defend, indemnify and hold harmless PineMark and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

MODIFICATIONS

PineMark may update this Agreement occasionally. Any and all changes to this Agreement will be posted on our site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

This Agreement, and your relationship with PineMark under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with PineMark, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Diego, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case PineMark may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, PineMark is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with PineMark, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PineMark.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PineMark that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MISCELLANEOUS

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if PineMark does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Pinemark has the benefit of under any applicable law), this will not be taken to be a formal waiver of PineMark's rights and that those rights or remedies will still be available to PineMark.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and PineMark regarding the subject matter of the same, and supersedes all other previous agreements.