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Terms & Conditions

Pechanga.net Terms of Use

Welcome to Pechanga.net! Pechanga.net and
its affiliates provide their services to you subject to the following
conditions. The same conditions apply to anyone’s use of
Pechanga.net features and services. Please take the time
to read this agreement carefully. Your exploration of the
Pechanga.net website and use of our services is your
acknowledgment that you have read and agree to be bound by these terms
and conditions.

Privacy Policy

Please also review the Pechanga.net Privacy Policy, a copy
of which is available on this website. The Pechanga.net
privacy policy is incorporated into this agreement by reference. By
using our website and services, you are expressly agreeing to the use
and disclosure of your personally identifiable and other information as
described in the privacy policy. Click here to review the privacy policy.

Use of the Website and Services

When you access the Pechanga.net website, we provide you
with the opportunity to take advantage of our services and features
contingent your acceptance of certain conditions. You may also be asked
to enter into additional agreements before being permitted to access
certain of our services. These further agreements are in addition to
these terms and conditions. They will govern your use of the services
covered by the additional agreements in the event of a conflict between
the terms of this agreement and those additional agreements. Both
registered and unregistered users have access to
Pechanga.net. The terms “registered user” and
“unregistered user” are defined in the privacy policy. Whether you
choose to become a registered user of our website is up to you. If you
choose to become a registered user, we will ask you to submit certain
personal information. When you submit your personal information, you
represent to us that it is true and complete. Among other things,
accurate information helps us to provide better services to you. By
accessing the website or otherwise using the services, you acknowledge
that you have read, understand and agree to be bound by this agreement.
If you do not agree with any of the terms of this agreement, you do not
have permission to access the website or use the services. We reserve
the right, at our sole discretion, to modify this agreement at any time
by posting a modified version of this agreement to the website. You
agree to be bound by the modified Terms of Use through your continued
access to the Site or use of the Services.

License

With your access and use of this website and services, you agree to use
the website and services only for lawful purposes. You also agree that
you will not: (a) license, sublicense, rent, lease, loan, resell,
transfer, assign, distribute or otherwise commercially exploit or make
available to any third party our website or services; (b) modify or make
derivative works based upon our website or services; or (c) reverse
engineer, disassemble, decompile, or otherwise attempt to derive the
source code or method of operation of our website or services, or
authorize any third party to do any of the forgoing.
Copyright and Trademarks
Elephant Ventures owns the rights, title, and interest in and to this
website and services, including the intellectual property rights.
Intellectual property rights are all worldwide patent, patent
applications, copyrights, trade secrets, trademarks, service marks,
trade names and any other intellectual property, proprietary, and
database protection rights. Furthermore, the Pechanga.net
name and logo are our trademarks, and no right or license is granted to
you herein to use such trademarks.

Linked Websites

Our website may contain links to third party websites that are offered
as a convenience. Those third party websites are not under our control
and we are not responsible for any content on any linked website. Our
inclusion of third party links does not imply that we endorse or accept
any responsibility for the content on those websites. If you access a
third party website from our website, then you do so with the
understanding that the risk is yours.

Representations and Warranties

You represent, warrant and covenant that: (1) You have the legal right
and authority to enter into this agreement, and, if you are accepting
this agreement on behalf of a company or other entity, to bind the
company or other entity to the terms of this agreement; (2) You have the
legal right and authority to perform your obligations under this
agreement and to grant the rights and licenses described in this
agreement and in any applicable additional agreement you enter into in
connection with our website and any of our services; (3) All information
that you provide to us in connection with this agreement and your access
to our website and use of the services is correct and current.

Indemnification

You agree that you will indemnify, defend, and hold harmless Elephant
Ventures LLC and each of its respective employees, officer, directors,
and affiliates, from any and all claims, losses, liabilities, damages,
fees, expenses and costs (including attorneys’ fees, court costs, damage
awards, and settlement amounts) which result from any claim or
allegation against any of those indemnified parties arising from: (a)
your accessing our website or use of our services including any
materials disseminated or transmitted by you and/or your affiliates; (b)
your breach of any term of this agreement; or (c) your negligence or
intentional misconduct hereunder. We will provide you with notice of any
such claim or allegation, and we will have the right to participate in
the defense of any such claim at its expense.

Disclaimer

THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY
ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER.
YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR
ERROR-FREE ACCESS TO THE WEBSITE AND USE OF THE SERVICES AND
INTERRUPTIONS, CRASHES AND DOWNTIME THAT MAY OCCUR FROM TIME TO TIME.
Pechanga.net and Elephant Ventures LLC DO NOT REPRESENT OR
WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET
CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY
USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE.
Pechanga.net and Elephant Ventures DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY
Pechanga.net or Elephant Ventures WILL INCREASE THE SCOPE
OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT
YOUR ACCESS TO THE WEBSITE AND THE INFORMATION THEREON IS AT YOUR OWN
RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU
INCUR THROUGH ACCESS TO THE WEBSITE OR USE OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL Pechanga.net or Elephant Ventures BE
LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE WEBSITE, THE
INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT
LIMITATION, THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF
Pechanga.net or Elephant Ventures HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR
DAMAGES ARE FORESEEABLE.

General Provisions

These Terms of Use are the complete and exclusive statement of the
agreement between Pechanga.net, Elephant Ventures and you
regarding the website and services and supersede any other agreement or
proposal, oral or written (including information on our website), and
any other communications between Pechanga.net or Elephant
Ventures and you. These Terms of Use will be governed by the laws of the
State of New York without regard to conflicts of law principles. All
disputes arising under this agreement must be brought in the state or
federal courts located in New York. Each party irrevocably hereby
consents to the jurisdiction and venue of any such court in any such
action or proceeding. There are no other third party beneficiaries under
this agreement. The waiver of a breach of any provision of this
agreement will not operate or be interpreted as a waiver of any other or
subsequent breach. If any provision of this agreement is deemed
unenforceable, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue
in full force and effect. You may not assign, delegate or otherwise
transfer this agreement or any of your rights or obligations under this
agreement without the prior written consent of us. Any such assignment,
delegation or transfer in violation of the foregoing will be null and
void. Your access our website and services solely in accordance with the
terms of this Agreement. We reserve the right, at our sole discretion,
to terminate this agreement or your access to any part of the website or
the services with or without notice to you and with or without cause.
Upon termination of this agreement, all rights and licenses granted to
you in this agreement will immediately cease to exist. The provisions of
the general provisions, privacy policy, linked sites, limitation of
liability, disclaimer, indemnification, representations and warranties,
and use of website and services of this Agreement will survive
termination of the Agreement for any reason.

Notices

Any notice by you under these Terms of Use must be delivered in writing
by courier, by electronic facsimile, or by certified or registered mail
(postage prepaid and return receipt requested) to
Pechanga.net’s address set forth on the website. Such
notice will be effective upon receipt or 3 business days after being
deposited in the mail, whichever occurs sooner. We may deliver a notice
to you by posting of a general notice on the website, which will be
effective 48 hours after posting to the website.

 

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