As used herein, the phrase “this site” refers to His and Hers PMS Calendar originating in the United States and is owned and operated by Cool Press, the publishers of the His and Hers PMS Calendar. Use of this site automatically indicates your acceptance of our Terms and Conditions.
His and Hers PMS Calendar reserves the right, in its sole discretion, to change, modify or otherwise update these Terms and Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
His and Hers PMS Calendar may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. His and Hers PMS Calendar limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by His and Hers PMS Calendar or the party credited as the provider of the material. The entire contents of coolpress.com are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership right by downloading or printing copyrighted material. No modification of the material or use of the materials found on this Site is permitted. All trademarks, service marks, and trade names are propriety of His and Hers PMS Calendar or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
No warranty of the products as to quality of such products including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Purchases on this Site are governed by terms and conditions of the sale transaction with the provider of the product.
Coolpress.com may contain links and pointers to Internet sites maintained by third-parties. The appearance and content of the Sites do not imply our endorsement. The content found on the Sites have not been reviewed by His and Hers PMS Calendar, therefore, we are not responsible for the Third-Party Sites, but the administrators of those Sites themselves.
His and Hers PMS Calendar is controlled and operated in Beverly Hills, California, United States of America. His and Hers PMS Calendar makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any principals of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that an action at law or in equity arising out of or relating to these terms shall be filed only in the state of federal court located in Clearwater, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
ENFORCEABILITY AND TERMINATION
If the any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and His and Hers PMS Calendar in connection with your access and use of this Site.
His and Hers PMS Calendar may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms and Conditions. Upon termination you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restriction imposed on you with respect to materials downloaded from this Site and the disclaimer and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of coolpress.com is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue use of this Site.
The materials in this Site and all downloadable software are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, His and Hers PMS Calendar and any other party involved in creating, producing, or delivering this Site disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to this Website and any affiliated Website with which it is linked. His and Hers PMS Calendar does not warrant or make any representations regarding the correctness, accuracy, or reliability of the materials, information, opinion or advice provided in or from this Site. His and Hers PMS Calendar does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, His and Hers PMS Calendar and all employees, owners, partners, information providers, affiliates, licensors, and licensees shall in no event be liable for any claims, charges, demands, liabilities, losses, or expenses of whatever nature and however arising, including without limitation any compensatory, incidental direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of damage property, claims of third parties, or other losses of any kind of character, even if Maxim or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Website with which it is linked. You assume total responsibility for establishing procedures for data backup and virus scanning software as you consider necessary.
You hereby agree to indemnify, defend and hold harmless His and Hers PMS Calendar from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the cost of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct consequential loss) incurred or suffered by His and Hers PMS Calendar and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you can commit in breach of these Terms and Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. His and Hers PMS Calendar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, His and Hers PMS Calendar may edit, refuse to post or to delay any Content that you post, in whole or in part, and may terminate or suspend access to all part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to His and Hers PMS Calendar a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you provide, such materials or incorporate such materials into any form of technology now known or later developed, and that you have waived any normal rights you may have in such Content, you hereby agree that you unsuccessfully prosecute claim against His and Hers PMS Calendar and/or any Indemnified Parties that arises from its exercise of its right to edit, refuse, to post or to delete any Content that you post, to terminate or suspend your access to all part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish, and distribute any Content that you post, or seeking to recover for violation of your normal rights, you agree to reimburse His and Hers PMS Calendar and/or Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).