Welcome to Pagesorter website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the agreement between Pagesorter (collectively, "Pagesorter" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement before using the rest of this Site. Once using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site. The copyright in all material provided on this Site is held by Pagesorter. Unless otherwise provided, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pagesorter or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All purchases on the Site are subject to terms of our TERMS OF SALES. The Purchase Policy is incorporated and part of this Agreement. Be sure to carefully read the Purchase Policy prior to any purchase. Once payment is submitted, you agree to be bound by the terms of our Purchase Policy. Entire Agreement This Agreement constitutes the entire and only Agreement between Pagesorter and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. However, failure of Pagesorter Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of Pagesorter Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You may cancel your Pagesorter subscription online. Simply contact us via e-mail. Pagesorter promptly stops service. Pagesorter does not offer refunds. If you require further assistance, please contact us by e-mail.
THIS AGREEMENT (the "Agreement") is between Pagesorter, doing business in California in the United States, named here as "Pagesorter", and the website user named here as "User". In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows: 1. Pagesorter shall use its diligent efforts to provide web services specified on the pages preceding any payment option. 2. Any web content submitted by User as well as the web content linked to by the submitted Internet web link must be in form and substance acceptable to Pagesorter, withing propriety and not breaching the law. 3. Payment. User shall pay the fee st on the appropriate web page to Pagesorter, due and payable as indicated therein. 4. Indemnity. User shall at all times defend, indemnify and hold harmless Pagesorter and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the user’s content served by Pagesorter pursuant to this Agreement and/or any materials to which users can link through those Internet web link(s). 5. User Representations. The User represents and warrants to the Pagesorter that it has the power and authority to enter into the Agreement and grant all rights granted or purported to be granted and fully perform its obligations under it. 6. Removal of User’s content. The Pagesorter reserves the right at any time, in its sole discretion and without liability to the User, to remove any web content from the Pagesorter's Website database due to abreach of law, security or decency. The Pagesorter shall notify the relevant User and the relevant User shall modify the Web content at its own cost and within 5 (five) business days of notification. Should User not provide the appropriate modifications (as solely determined by the Pagesorter) within the allotted time frame, Pagesorter reserves the right to permanently remove the right of the User use the Pagesorter's Website without any liability to the User. 6. Limitation of Liability. a. UNDER NO CIRCUMSTANCES SHALL Pagesorter BE LIABLE TO USER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE. b. Pagesorter DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, SUITABILITY, COMPLIANCE WITH LAWS, QUALITY, OR OTHERWISE, WITH RESPECT TO THE Pagesorter WEB SITE. c. The Pagesorter's maximum liability in respect of any loss or damage suffered by the User and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the value of the sums paid by the User to the Pagesorter in relation to this Agreement pursuant to which the relevant loss or damage has arisen. 7. Taxes. User shall pay directly to the relevant authority or authorities for any sales, use, excise or other tax imposed or levied with respect to the sums paid by the User to the Pagesorter in relation to this Agreement. In no event shall User be responsible for any tax imposed upon the Pagesorter based upon Pagesorter's income or for the privilege of doing business. 8. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the addresses below. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under this Agreement shall not be validly served if sent by email. 9. Governing Law. This Agreement and the relationship between the User and Pagesorter shall be governed by the laws of the State of California without regard to its conflict of law provisions. The User and Pagesorter agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California in the United States. 1o. Arbitration and Mediation. The User and Pagesorter agree to submit any dispute relating in any way to this Agreement to confidential neutral arbitration in Los Angeles County, California, USA, either by a neutral arbitrator or court certified mediator residing in Los Angeles County, California, USA. 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 this agreement shall be joined to an arbitration involving any other party subject to this. 11. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 12. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 13. Miscellanous. Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this Agreement. This agreement does not grant the User any ownership rights to the Pagesorter's website, but rather the User is granted the right to submit Internet website addresses (Uniform Resource Locator or URL) linked to rows in the Pagesorter's database set forth in Exhibit 1. 14. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.