TERMS OF USE

This web page serves as a legal document outlining the Terms and Conditions (Agreement) for our website, Paserba.com (referred to as the "Website"). By utilizing our Website, you acknowledge and agree to fully comply with the following Agreement each time you access our Website.

Definitions

The terms "us," "we," and "our" refer to paserba.com, the owner of this Website. A "Visitor" is an individual who simply browses our Website. A "Member" is an individual who has registered with our Website to utilize our Services. The term "User" collectively refers to both Visitors and Members. The term "Product" denotes any items that we sell or provide at no cost.

All text, information, graphics, design, and data presented through our Website or Services, whether generated by our Members or by us, are collectively referred to as our "Content." We differentiate content contributed by our Members as "Member Content."

This Agreement establishes the terms between You and Paserba.com.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Unless otherwise specified, this Agreement constitutes the complete and exclusive agreement between you and paserba.com, superseding all prior agreements, representations, warranties, and understandings related to our Website, Services, and the subject matter addressed herein. However, in order for you to utilize our Website and/or Services, you may also be required to consent to additional terms and conditions. Unless stated otherwise, those additional terms and conditions will be incorporated into this Agreement.

Our Privacy Policy is an integral part of this Agreement and can be accessed on this website. It is crucial that you review our Privacy Policy by clicking on the provided link. If you do not accept or agree to be bound by all the terms of this Agreement, including the Privacy Policy of Paserba.com, please refrain from using this Website or our Services.

Arbitration

Any legal disputes or claims arising from or related to this Agreement and/or our Services, excluding legal actions pursued by us to collect or recover damages or obtain any injunction related to website operations, intellectual property, or our Services, will be resolved exclusively through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such disputes or claims will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claims or disputes of any other party.

The judgment based on the arbitration award may be entered in any court having jurisdiction. You or we may seek interim or preliminary relief from a court of competent jurisdiction to protect our or your rights or property while the arbitration process is underway. Each party will bear half of the arbitration fees and costs.

Limited License

Paserba.com grants you a non-exclusive, non-transferable, and revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, and non-commercial purposes unless otherwise specified in this Agreement. Under no circumstances may you utilize any printout or electronic version of any portion of our Website or Services in any litigation or arbitration matter.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any provided software.

Relationship

This Agreement does not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Paserba.com.

Intellectual Property

Our Website may include our service marks, trademarks, as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not grant you any right or license to use our service marks or trademarks without the prior written permission of Paserba.com.

Our Content, found within our Website and Services, is protected under United States, foreign, and international copyrights. The copying, redistribution, use, or publication of any such Content by you is strictly prohibited. Your use of our Website and Services does not entitle you to any ownership rights over our Content.

Membership, Eligibility and Registration

To access some of our Services, you must register as a Member on our Website. Your Membership is non-transferable and non-assignable, and it is void where prohibited. Our Website and Services are intended for Users who are at least 18 years of age or older. Any registration, use, or access to our Website by individuals under the age of 18 is unauthorized, unlicensed, and a violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are at least 18 years of age or older, and you agree to abide by all the terms and conditions of this Agreement. Paserba.com reserves the sole right and discretion to accept or reject a Member's registration with or without explanation.

Upon completing the registration process, you will receive a password that grants access to our Services. You are responsible for maintaining the confidentiality of your password and fully liable for any damages or liability resulting from your failure to maintain its confidentiality, as well as for all activities carried out using your password.

You agree to promptly notify us of any unauthorized use of your password or any other security breaches. Our Website cannot and will not be held liable for any loss or damage arising from your failure to comply with password security measures outlined herein.

Termination of Membership

Your membership is effective until terminated by you or us. We may terminate your rights under these Terms and Conditions without notice if you fail to comply with any term. Upon termination, you must cease representing yourself as a registered Member or Client and delete or destroy any information or content obtained from our Website. Certain provisions, including copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues, will survive the termination.

Errors, Corrections, and Changes

We do not guarantee that our Website will be free from errors, viruses, or other harmful components, nor do we commit to correcting any errors. We cannot guarantee the accuracy, timeliness, or reliability of the information available on or through our Website.

Paserba.com reserves the right, at our sole discretion, to make changes to any content, software, or other elements used or featured in our Website or Services without prior notice.

Warranty Disclaimer

Paserba.com assumes no responsibility or liability for any Content posted on our Website or in connection with our Services, whether posted by Members of our Website or by Paserba.com. While we provide guidelines for Member conduct and postings, we do not control or take responsibility for what Members post, transmit, or share on our Website or Services, and we are not liable for any offensive, inappropriate, obscene, unlawful, or objectionable content you may encounter while using our Website or Services. Paserba.com is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or Services may occasionally be temporarily unavailable for maintenance or other reasons. Paserba.com is not liable for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, or destruction, unauthorized access to, or alteration of Member communications.

Paserba.com is not responsible for any technical malfunctions or other problems with any telephone network or service, computer system, server or provider, computer or mobile phone equipment, software, or any failure of email due to technical issues or Internet traffic congestion. Paserba.com is not responsible for any damages, including but not limited to computer or mobile device damage, loss of data, or other harm resulting from the use or download of materials in connection with our Website or Services, including any software provided through our Website or Services.

Under no circumstances will Paserba.com be responsible for any loss or damage, including personal injury or death, resulting from the use of our Website or Services or any interactions between Users, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, recommendation, or affiliation with our Website by third parties or any associated equipment or programming.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

PASERBA.COM, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. PASERBA.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING RELATED SOFTWARE. OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIFESTYLE MEDIA LLC.

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL OUR COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF OUR COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not guarantee its quality, accuracy, or integrity. Our Company is not responsible for monitoring or filtering Member Content. If any Member Content is reported as offensive or inappropriate, we may request the Member to modify or remove the content within 24 hours. Failure to comply may result in restricting the Member's ability to post Member Content or terminating their membership without further notice.

We reserve the right to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws regarding their content, including copyright and trademark laws. Members must respect copyright and trademark laws.

By using our Services, you agree not to upload, post, or transmit any Member Content that :

• Violates any local, state, federal, or international laws.
• Infringes on any intellectual property rights of others.
• Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortious, libelous, invasive of privacy, hateful, or racially, ethically, or otherwise objectionable.
• Contains links to unauthorized materials.
• Contains private information of third parties.
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment, or to extract
• information from our Website or Services.
• Contains unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• In our sole judgment, is objectionable or restricts or inhibits others from using or enjoying our Website or Services or exposes us, our affiliates, or our Users to any harm or liability.

By using our Services, you also agree not to use our Content to :

• Develop a competing website.
• Create compilations or derivative works as defined by United States copyright laws.
• Redistribute it in any manner, including sale, license, lease, rental, subscription, or any other distribution mechanism.
• Decompile, disassemble, or reverse engineer our Website, Services, or related software.
• Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

By posting, displaying, transmitting, or otherwise distributing information or other content ("Member Content") on our Website, you grant Paserba.com a license to use the Member Content in connection with the operation of our business. This includes the right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You will not be compensated for any Member Content. You warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit it.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and take appropriate action, including reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties. We may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may provide links to our Website as long as you do not remove or obscure any portion of our Website, engage in illegal or pornographic activities on your website, and cease providing links upon our request.

Links to Other Websites

Our Website may contain links to third-party websites. Inclusion of links does not imply endorsement, guarantee, warranty, or recommendation of the services, information, content, and data on such third-party websites. Paserba.com has no control over the legal documents and privacy practices of third-party websites, and you access them at your own risk. We recommend reviewing the privacy notice and terms and conditions of those websites to understand what information is collected and how it is used.

Purchases and Payments

When making a purchase, you represent and warrant that the payment information you provide is accurate and complete, your bank or credit card company will honor the charges, you will pay the charges at the posted prices (including applicable taxes), and if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge due to the dishonored payment.

Refund and Return Policy

For direct purchases, we may refund your purchase price within thirty (30) days of your written request along with a reason for the refund, subject to the return of the Product in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as specified on our Website.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Website or Services.

Severability and Survival

If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect, construed consistent with applicable law. In case of conflict or inconsistency between Content and this Agreement, this Agreement takes precedence. Our failure to enforce any provision does not waive the right to enforce it later. Our rights under this Agreement survive any termination.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions by providing advance notice on our website. We will also post the changes on our website, and they will become effective 30 days after the advance notice posted on the website. Unilateral amendments will not retroactively change agreed dispute-resolution provisions unless mutually agreed. Your continued use of our Website, Services, and Products after any change constitutes acceptance. If you disagree with the changes, you can discontinue using our Website, Services, and Products.

-- end of Terms of Use document --

(Updated & Effective as of 2020-03-01)