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Legal Notices

Polished Marketing LLC
Universal Terms of Service

This Agreement (“Agreement”) is by and between Polished Marketing LLC (“PM LLC”) a Utah limited liability company and You, Your heirs, agents, assigns and successors (“You”) and is made effective as of the date of execution electronically or upon any product or service used or purchased by You from PM LLC. The terms and conditions set forth in this Agreement shall govern Your use of all products and services offered by PM LLC. All PM LLC policies and agreements specific to particular products and services are incorporated herein and made part of this agreement by reference. You acknowledge and agree that You have read, fully understand, and agree to be bound to the terms of this Agreement including any new or revised terms, conditions or policies PM LLC may establish in the future.

Further, You agree to be bound by this Agreement for any transaction entered into by You or anyone acting as Your Agent on Your behalf. You acknowledge that anyone who accesses Your site for any administration purpose shall be deemed to be acting as Your Agent whether or not You specifically authorized the transaction. You acknowledge that any transaction between You and PM LLC including acceptance of products and services rendered shall take place in West Valley City, Utah, USA.

Section A of this Agreement applies to all PM LLC users and customers. Section B contains agreements for specific products or services which apply only to those specific products and services.

A) GENERAL TERMS APPLICABLE TO ALL PRODUCTS AND SERVICES

MODIFICATIONS AND TERM OF AGREEMENT

You agree that PM LLC may modify this agreement at any time. You agree to be bound to any reasonable changes as of the date those changes are made. This agreement shall continue in full force and effect as long as You continue to use any products or services. In the event you discontinue usage, PM LLC will not refund any amounts paid. You agree that you will not rely upon any written or oral communications or representations by any third party including independent contractors hired or paid by PM LLC. You agree that any statement within PM LLC’s website(s) or marketing materials are for informational purposes only and shall not bind PM LLC. Further, you acknowledge that promotions may change from time to time without notice regardless of any stated expiration date for the promotion.

Should you wish to terminate your service with PM LLC, you agree to notify PM LLC directly. Notification of termination must be received by PM LLC no less than 10 days prior to your next billing date. You agree that any credit card charge disputed without first attempting to resolve the matter with PM LLC directly will result in you owing a $30 penalty to PM LLC.

ACCOUNT SECURITY

You agree that you are solely responsible for maintaining the confidentiality of your username, password, PIN, and credit card number (collectively “Account ID Information”). You agree PM LLC has implemented accepted security standards, however, you are responsible for ensuring the security of any device or connection used to access your services. You agree that transactions using wireless connections, public internet connections or public terminals are often stolen and you will personally assure the security of such or avoid using any similar device or connection. You will not disclose or share your Account ID Information with anyone and you will ensure that any record of your Account ID Information is stored in a physically and/or digitally secure location that no one else can access. You agree to notify PM LLC immediately if anyone uses or attempts to use your services without your permission or for any improper purpose or for any other breach or pending breach of security. You agree that PM LLC will not be responsible for any loss, penalties or other inconvenience you may incur as a result of anyone using your Account ID Information either with or without your knowledge. You further agree that you may be held responsible for loss or disruption of PM LLC or other subscribers as a result of anyone else using your Account ID Information. You agree that you will be responsible for all activity in your account initiated by either you or anyone else who uses your Account ID Information.

PRIVACY

PM LLC incorporates its privacy policy into this agreement by reference. PM LLC agrees to be bound by the privacy policy and PM LLC will not use your personal information in any way inconsistent with the privacy policy.

ACCURATE INFORMATION

You agree that during the term of service you will ensure that all information provided to PM LLC will be accurate. If you change any information, you will notify PM LLC within 5 business days of such change. Failure to maintain accurate information shall constitute a material breach of this Agreement. You agree that PM LLC shall rely upon the information you have provided for all servicing of your account. If at any time PM LLC attempts to reach you and finds that the contact information is false, misleading, outdated, or otherwise inaccurate, PM LLC reserves the right to terminate your services and close your account at its sole discretion.

NO UNLAWFUL CONDUCT OR IMPROPER USE

You agree that no unlawful or improper use shall occur using your account. Any products or services provided by PM LLC were not intended and shall not be used to engage in any unlawful or morally objectionable purpose. Therefore, PM LLC explicitly reserves the right to terminate Your license with regard to all or a portion of the products or services rendered by PM LLC at any time PM LLC becomes aware of any objectionable use. Upon termination, PM LLC will NOT refund any amount of money for design work or other services. PM LLC may at its option refund prepaid amounts for unused hosting and prepaid services that have not yet commenced. Further, to comply with any regulatory body or the rights of any third party, PM LLC may disclose information as required by subpoena or other mandate or delete, edit, or take any other corrective action PM LLC deems necessary in its sole discretion.

PM LLC shall in its own discretion unilaterally determine whether any form of use is objectionable. Objectionable activities shall include, but are not limited to the following: activities which violate any law or regulation at any level of government in the USA including local, state, or federal or any other affected country; activities designed to encourage, inform or support illegal activities by third parties; activities which are or are intended as defamatory, slanderous, libelous, embarrassing, harmful, abusive or threatening to any third party; activities that impersonate the identity of any third party individual or entity; activities that distribute or attempt to distribute computer viruses; activities that reduce or threaten to reduce the quality of service or bandwidth available to other subscribers; activities which result in the distribution of spam; activities that are construed as racist, vulgar, obscene, hateful, or otherwise objectionable to third parties; activities that are harmful to PM LLC subscribers, operations, reputation, or other interests; or activities intended to harm minors in any way.

Nothing in this Agreement shall require PM LLC to monitor your use of products and services. PM LLC reserves the right to review your use at any time. PM LLC reserves the right to terminate your service without notice upon finding out this agreement has been violated. PM LLC may at its option but not be required to provide notice and allow any improper use to be corrected within a reasonable period of time as specified in the notice.

PM LLC reserves the right to terminate Your use of or access to any website or specific pages that become the subject of legal action or threatened legal action against PM LLC or any of PM LLC’s partners or affiliates regardless of whether such legal action is later determined to be with or without merit. PM LLC shall decide at its sole discretion whether or not to terminate or take other actions based on threatened legal action and shall not be required to consider the merits of the threatened legal action.

NO SPAM

You agree that you will not use any PM LLC product or service to distribute unsolicited email or any other electronic spam. PM LLC may immediately terminate any services that it believes, in its sole discretion, are being used to distribute spam or unsolicited bulk mail. You agree to pay the higher of actual damages or liquidated damages to PM LLC if your account is used or associated with spam. You agree that liquidated damages shall be $1.00 per piece of spam delivered from your account. The number of pieces shall be the number of individual documents multiplied by the number of addresses included.

INTELLECTUAL PROPERTY

You agree that PM LLC or its licensors holds rights, title, and exclusive interest in all software, products, and services and in all intellectual property, including intangible property, unless explicitly indicated otherwise. You agree and acknowledge that no ownership rights shall transfer to you by your purchase or use of any product or service and that you will not make any claim of interest to any such software, product or service. All PM LLC content, products, services, and software are protected by copyright, trademark, service mark, trade secret laws, and patents in the USA and other countries. PM LLC and its licensors expressly reserves its rights to any and all materials and property. No rights under copyright, trademark, patent, or other proprietary right shall be granted or conferred to you under this agreement or by any other means.

USE OF PM LLC SOFTWARE

Use of PM LLC websites and software shall be by license only. No ownership or other interest shall transfer to You for any functional code or backend databases.

PM LLC grants You a non-exclusive license to use proprietary databases, systems, and interfaces for ordinary and necessary purposes related to maintaining and publishing Your website on the internet. All proprietary systems and programming shall remain the exclusive property of PM LLC. Any custom design and/or programming work performed on Your behalf by PM LLC shall become the proprietary and exclusive property of PM LLC. You may not access, alter, decompile, reverse engineer, or otherwise attempt to view source code. You are not authorized to integrate any application or enhancement with the website and/or applications provided by PM LLC except by and through the intended use of controls made available by PM LLC.

FEES AND PAYMENT

All payments due shall be paid on time. Failure to pay when required may result in termination of services. Upon termination, no refund shall be issued for previously ordered or completed design work.

REPRESENTATIONS AND WARRANTIES INDEMNIFICATION GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY HEADINGS WAIVER FORCE MAJEURE SURVIVAL NO THIRD PARTY BENEFICIARIES

CONTENT SUPPLIED BY YOU

As a courtesy, PM LLC may work with and attempt to enhance the appearance of documents, photos, and other elements You supply, however, PM LLC does not take ownership or responsibility for any such content. You agree that you will only supply lawful and proper use content in accordance with this agreement which you have license to use including all necessary release documents. You explicitly agree that PM LLC will not read or become familiar with your content and you shall assume full liability for any supplied content. Further, PM LLC shall not be liable for damages caused by modifications to your documents including, but not limited to, changes that result in changed meaning or perception. It is your responsibility to verify that all changes are satisfactory and to immediately request in writing that any damaged content be removed or re-worked.

PM LLC SUPPLIED CONTENT

PM LLC may provide content for your website or other marketing materials including, but not limited to: text, photos, animations, videos, audio, and other multimedia. PM LLC uses either wholly owned or licensed art and other content which may be subject to license agreements including third party agreements. While every effort has been made to ensure the legality of every aspect of your site, PM LLC shall not be liable for damages that may result or from changes required by third parties to comply with new rules. Your exclusive remedy shall be to receive equivalent replacement content from PM LLC free of charge. You agree that PM LLC shall not be liable for damages you may incur by using or displaying such content. Specifically, you agree that all legal notices, policies, or other sensitive materials were NOT written or reviewed by an attorney and are for entertainment purposes only. If the legality of any document is important to You, You shall immediately discontinue using the PM LLC supplied content and obtain your own copy from a licensed attorney.

Hosting Service

You are solely responsible for the content added to Your website even if You obtain assistance from PM LLC in adding personal content. You Agree to comply with all applicable local, state, federal, and international laws, regulations, and PM LLC policies at all times. You are solely responsible for securing appropriate permissions to use content in Your site. You will not violate copyright, trademark, privacy, legal, or other concerns of any individual or entity. You affirmatively acknowledge that PM LLC is relying on Your representation concerning Your proper use of the PM LLC website and applications. You understand and Agree that it shall be Your responsibility to obtain copies of any applicable Agreements and comply with the terms thereof.

Transfer of Services

PM LLC makes liberal reuse of artistic elements and programming in creating your custom marketing materials. Therefore, PM LLC does not provide original editable artwork files unless specifically agreed in writing regardless of what is required by printers or other needs. Under no circumstance does PM LLC provide access to backend code used in websites or software nor will PM LLC allow any backend database or code to be transferred. All use of databases and code is subject to the applicable license agreements. Upon termination for any reason, You are responsible for transferring Your content at your own risk and expense. PM LLC may provide you with certain elements of your website front end design, but all back end functionality and data access elemets shall be removed. When disconnected from PM LLC's backend proprietary database and code, your website will not function properly. You assume full risk and expense of making your website functional again. PM LLC shall not refund any money paid for design and development work.

None of the generic or placeholder text provided by PM LLC may be transferred. By modifying the text provided by PM LLC You do not increase Your rights and any modification shall be deemed a derived work and shall become the sole copyrighted property of PM LLC, all rights reserved. At no time does PM LLC take ownership of or responsibility for content and images You provide. You are free to transfer all content provided by You regardless of Your subscription except derived works as described above. Limitations

PM LLC’s RIGHTS

PM LLC shall retain ownership and control of all hardware, software, templates, forms, controls, and documentation. You are authorized to use the website including any available controls subject to this non-exclusive license Agreement. All software components used to enable Your website are the intellectual property of PM LLC and are protected by copyright, including United States Copyright Law. Except as expressly granted, all rights are reserved by PM LLC.

PM LLC expressly reserves the right to:

i. Censor at PM LLC’s sole discretion any websites or content pages hosted on its servers.
ii. Modify pricing through email notification as limited by effective contracts.
iii. Assess fees or terminate service for excessive use of space and bandwidth above allowable limits.
iv. Terminate Your Agreement and remove Your website for objectionable activities including, but not limited to those stated elsewhere in this Agreement.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PM LLC, PM LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

PM LLC makes no warranty that the Software Product will meet Your requirements or operate under Your specific conditions of use. PM LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. PM LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL PM LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PM LLC OR ANY OTHER PARTY, EVEN IF PM LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PM LLC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

UNDER NO CIRCUMSTANCES SHALL PM LLC REFUND ANY PORTION OF MONEY PAID FOR DESIGN AND DEVELOPMENT WORK OR SET UP FEES. PM LLC SHALL NOT REFUND PAST HOSTING FEES, PRINTING FEES, OR OTHER FEES FOR SERVICES AND PRODUCTS RENDERED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the website application. Selection of whether to correct or replace shall be solely at the discretion of PM LLC. PM LLC reserves the right to substitute a functionally equivalent copy of the website application as a replacement. If PM LLC is unable to provide a replacement or substitute website application or corrections to the website application, Your sole alternate remedy shall be a refund of any fees paid within 60 days prior to the complaint exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PM LLC to have been caused by You. All limited warranties on the website application are granted only to You and are non-transferable. You agree to indemnify and hold PM LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from Your breach of this Agreement and/or acts or omissions.

GOVERNING LAW, JURISDICTION AND COSTS

This Agreement is governed by the laws of Utah, without regard to Utah's conflict or choice of law provisions.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

NOTICES

You agree that all notices shall be posted on PolishedMarketing.com. You shall have the right and responsibility to periodically review all applicable notices, policies, and legal documents. Notification of violations under applicable license Agreements shall be sent to either the email or postal address You have on file with PM LLC. In either case, delivery shall be deemed effective five (5) days after notice is published or sent. Notices from You shall be made through the contact form on PolishedMarketing.com. PM LLC may occasionally correspond with You via email, however due to the receipt of spam all PM LLC email addresses are subject to change at any time without notice and are not to be relied upon for important correspondence.

ENTIRE AGREEMENT

This Agreement as well as additional agreements and policies, along with all modifications thereto, constitutes the entire agreement between You and PM LLC with respect all software, products, services, correspondence, and other dealings and supersedes all prior agreements, proposals or other communications. You agree that there are no other understandings, representations or warranties relied upon except as contained herein. You agree to be bound by updates to this policy and that it is your responsibility to periodically check for updates to this policy at PolishedMarketing.com. Except for any Agreements posted at PolishedMarketing.com, all FAQ’s, explanations, and text published in PolishedMarketing.com are for information only and are not, and shall not be construed as, part of this Agreement unless specifically stated otherwise within this Agreement.

Revised 2008-04-21

Polished Marketing LLC Website End User License Agreement This Website End User License Agreement (“Agreement”) is by and between Polished Marketing LLC (“PM LLC”) a Utah limited liability company and You, Your heirs, agents, assigns and successors (“You”) and is made effective as of the date of execution electronically or upon any product or service used or purchased by You from PM LLC. The terms and conditions set forth in this Agreement shall govern Your use of all products and services offered by PM LLC. You acknowledge and agree that You have read, fully understand, and agree to be bound to the terms of this Agreement including any new or revised terms, conditions or policies PM LLC may establish in the future. Further, You agree to be bound by this Agreement for any transaction entered into by You or anyone acting as Your Agent on Your behalf. You acknowledge that anyone who accesses Your site for any administration purpose shall be deemed to be acting as Your Agent whether or not You specifically authorized the transaction. You acknowledge that any transaction between You and PM LLC including acceptance of products and services rendered shall take place in West Valley City, Utah, USA. WEBSITE APPLICATION AND SERVICES PM LLC grants You a non-exclusive license to use proprietary databases, systems, and interfaces for ordinary and necessary purposes related to maintaining and publishing Your website on the internet. All proprietary systems and programming shall remain the exclusive property of PM LLC. Any custom design and/or programming work performed on Your behalf by PM LLC shall become the proprietary and exclusive property of PM LLC. You may not access, alter, decompile, reverse engineer, or otherwise attempt to view source code. You are not authorized to integrate any application or enhancement with the website and/or applications provided by PM LLC except by and through the intended use of controls made available by PM LLC. Online Forms and Controls The website provided by PM LLC may include the ability to design and customize text, images, and other design elements. You Agree to use all elements of Your website application including, but not limited to, the forms and controls only for the purposes intended by PM LLC. You and/or Your Agent will not enter or upload any malicious object, script, or code. Nor will You and/or Your Agent attempt to access restricted areas of the application or website. You Agree to immediately notify PM LLC if you believe anyone has used or may attempt to use your website and controls for anything other than the purposes intended by PM LLC or if anyone has obtained your login information. Unlimited Pages You agree that PM LLC cannot control the physical or practical constraints that may affect performance of Your website at an uncertain number of pages. Constraints may include, but are not limited to: system load, system capacity, system architecture, end user internet connections, and end user computer configurations. PM LLC shall not be liable for performance variances. Hosting Service You are solely responsible for the content added to Your website even if You obtain assistance from PM LLC in adding personal content. You Agree to comply with all applicable local, state, federal, and international laws, regulations, and PM LLC policies at all times. You are solely responsible for securing appropriate permissions to use content in Your site. You will not violate copyright, trademark, privacy, legal, or other concerns of any individual or entity. You affirmatively acknowledge that PM LLC is relying on Your representation concerning Your proper use of the PM LLC website and applications. You understand and Agree that it shall be Your responsibility to obtain copies of any applicable Agreements and comply with the terms thereof. You agree to indemnify and hold PM LLC harmless in the event of any violation of these terms. Transfer of Services PM LLC does not provide FTP or other direct access to Your website due to proprietary source code and databases used in creating and maintaining Your website. Should You wish to transfer to a different website service provider, it is solely Your responsibility to transfer Your site content and if applicable restore functionality. i. For Custom websites as indicated on Your invoice, layout design elements shall be freely transferrable subject to license restrictions of elements contained in the design, however, PM LLC reserves the right to remove source code that interfaces with PM LLC’s proprietary systems. PM LLC cannot guarantee that the website application will function substantially as intended without interfacing with PM LLC’s proprietary source code and databases. You agree that transferring content and interfacing with the new provider’s systems shall be at Your own expense. ii. For Non-Custom websites, only user provided content may be copied or transferred at Your own expense. All elements provided by PM LLC are protected by copyright and may not be used outside of PM LLC’s servers. None of the text provided by PM LLC may be transferred. This includes, but is not limited to: Glossaries; FAQ sections; Legal Notices; Privacy Policies; and any other Content Pages. By modifying the text provided by PM LLC You do not increase Your rights and any modification shall be deemed a derived work and shall become the sole copyrighted property of PM LLC, all rights reserved. At no time does PM LLC take ownership of or responsibility for content and images You provide. You are free to transfer all content provided by You regardless of Your subscription except derived works as described above. Limitations The website and application provided by PM LLC was not intended and shall not be used to engage in any unlawful or morally objectionable purpose. Therefore, PM LLC explicitly reserves the right to terminate Your license with regard to all or a portion of the services rendered by PM LLC at any time PM LLC becomes aware of objectionable use of the website. PM LLC shall in its own discretion unilaterally determine whether any form of use is objectionable. Objectionable activities shall include, but are not limited to the following: activities which violate any law or regulation at any level of government in the USA or any other affected country; activities designed to encourage, inform or support illegal activities by third parties; activities which are or are intended as defamatory, slanderous, libelous, embarrassing, harmful, abusive or threatening to any third party; activities that impersonate the identity of any third party individual or entity; activities that reduce or threaten to reduce the quality of service or bandwidth available to other subscribers; activities which result in the distribution of spam; activities that are construed as racist, vulgar, obscene, hateful, or otherwise objectionable to third parties; activities that are harmful to PM LLC subscribers, operations, reputation, or other interests; or activities intended to harm minors in any way. PM LLC’s RIGHTS PM LLC shall retain ownership and control of all hardware, software, templates, forms, controls, and documentation. You are authorized to use the website including any available controls subject to this non-exclusive license Agreement. All software components used to enable Your website are the intellectual property of PM LLC and are protected by copyright, including United States Copyright Law. Except as expressly granted, all rights are reserved by PM LLC. PM LLC expressly reserves the right to: i. Censor at PM LLC’s sole discretion any websites or content pages hosted on its servers. ii. Modify pricing through email notification as limited by effective contracts. iii. Assess fees or terminate service for excessive use of space and bandwidth above allowable limits. iv. Terminate Your Agreement and remove Your website for objectionable activities including, but not limited to those stated elsewhere in this Agreement. v. Terminate Your use of or access to any website or specific pages that become the subject of legal action or threatened legal action against PM LLC or any of PM LLC’s partners or affiliates regardless of whether such legal action is later determined to be with or without merit. PM LLC shall decide at its sole discretion whether or not to terminate or take other actions based on threatened legal action and shall not be required to consider the merits of the threatened legal action. Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PM LLC, PM LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. PM LLC makes no warranty that the Software Product will meet Your requirements or operate under Your specific conditions of use. PM LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. PM LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL PM LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PM LLC OR ANY OTHER PARTY, EVEN IF PM LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PM LLC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. Limitation of Remedies and Damages Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the website application. Selection of whether to correct or replace shall be solely at the discretion of PM LLC. PM LLC reserves the right to substitute a functionally equivalent copy of the website application as a replacement. If PM LLC is unable to provide a replacement or substitute website application or corrections to the website application, Your sole alternate remedy shall be a refund of any fees paid within 60 days prior to the complaint exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PM LLC to have been caused by You. All limited warranties on the website application are granted only to You and are non-transferable. You agree to indemnify and hold PM LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from Your breach of this Agreement and/or acts or omissions. GOVERNING LAW, JURISDICTION AND COSTS This Agreement is governed by the laws of Utah, without regard to Utah's conflict or choice of law provisions. SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. NOTICES You agree that all notices shall be posted on PolishedMarketing.com. You shall have the right and responsibility to periodically review all applicable notices, policies, and legal documents. Notification of violations under applicable license Agreements shall be sent to either the email or postal address You have on file with PM LLC. In either case, delivery shall be deemed effective five (5) days after notice is published or sent. Notices from You shall be made through the contact form on PolishedMarketing.com. PM LLC may occasionally correspond with You via email, however due to the receipt of spam all PM LLC email addresses are subject to change at any time without notice and are not to be relied upon for important correspondence. ENTIRE AGREEMENT This Agreement as well as additional agreements and policies, along with all modifications thereto, constitutes the entire agreement between You and PM LLC with respect all software, products, services, correspondence, and other dealings and supersedes all prior agreements, proposals or other communications. You agree that there are no other understandings, representations or warranties relied upon except as contained herein. You agree to be bound by updates to this policy and that it is your responsibility to periodically check for updates to this policy at PolishedMarketing.com. Except for any Agreements posted at PolishedMarketing.com, all FAQ’s, explanations, and text published in PolishedMarketing.com are for information only and are not, and shall not be construed as, part of this Agreement unless specifically stated otherwise within this Agreement. Revised 2008-04-09 © 2008 PolishedMarketing.com All Rights Reserved.

Salt Lake City, Utah 84128 | 801-967-6900
© 2007-2008 Polished Marketing LLC