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Terms and Conditions of Use

Our business name is Premier Garnish, Inc (hereafter “Premier Garnish”, “Us”, “We” or “Company”). THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website, www.PremierGarnish.com (hereafter "website"), and provides details on the services and products we offer to our Users and Customers (hereafter “You”, “User” or “Customer”). It is vitally important that you read the Terms carefully, as your use of our website will automatically constitute your agreement to be legally bound by the Terms set out herein. User agrees, and understands, that these Terms are the only contract between you and Company. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms, you may not use the website or purchase the Products provided on or through it. The following words used in these Terms have the following meanings:
  1. “Personal Information” shall mean all data and/or information provided by and about User, including email address, name, physical address or payment information, etc.;
  2. “Website" shall mean the website on which Company provides its Products and Services.
  3. "User" shall mean all Users/Customers of the Company website and its Products and Services.
  4. "Products" shall mean all Products and/or Services provided by and through Company and it’s website.
  5. “3rd–Parties” shall mean all advertisers, licensors, partners or affiliates that are included on the Company website or for which Company has partnered.

Users can access these Terms by clicking on the “Terms” link that appears on our website “Home Page” and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed. User hereby acknowledges and agrees as follows:

Company and its licensors reserve the right to make changes or modifications to the Premier Garnish website and these Terms. Company will not provide individual notice to User that changes have been made to these Terms, so User is encouraged to check the Terms often. User’s continued use of the website, shall constitute User’s acceptance of any such changes or modifications made by Company.

License Grant

Company grants User a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Premier Garnish website, provided and expressly conditioned upon, your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.

The Premier Garnish Website

The "Premier Garnish website" includes, as applicable and without limitation:

    1. Our Products, accessed by or through the website;
    2. All documentation, including user manuals, operations manuals, instructions and the like, provided to you with any Products, for use in connection with our website or our Products; and
    3. Any other video presentations, audio presentations, slideshows, software, products, services, data or information provided by Company or obtained through the website.

Ownership, Use and Intellectual Property Rights

      1. The Premier Garnish website is the valuable, exclusive property of Company and/or its licensors, and nothing in these terms shall be construed as transferring or assigning any ownership rights in such property to User or any other person or entity. User is granted a license to use the Premier Garnish website, as long as User complies with these terms or until Premier Garnish terminates this Agreement or User’s access rights. Ownership of the Premier Garnish website, and any documentation or information, shall remain, at all times, with Premier Garnish or its licensors. The Premier Garnish website is protected by contract and intellectual property law, including domestic and international copyright law. All intellectual property rights in the Premier Garnish website belong to Premier Garnish, Inc or its licensors.
      2. User may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Premier Garnish website. User may store in the memory of his/her/its computer, and may manipulate, analyze, reformat, print and/or display, for User’s use only, the information received or accessed through the Premier Garnish website, pursuant to these Terms. User may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of Premier Garnish, User may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Premier Garnish website, any part thereof, or any of the information received or accessed there from, to or through any other person or entity. Premier Garnish and its licensors expressly reserve any rights not granted to User in these Terms. Premier Garnish and its licensors reserve all rights to enforce their copyright and intellectual property rights.

Termination

      1. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect unless terminated or canceled for any of the following reasons: 1. Immediately, by Premier Garnish, for any unauthorized access or use by User, including, without limitation: concurrent access of the Premier Garnish website by multiple users utilizing identical User names and passwords; or any other access or use of the Premier Garnish website, except as expressly provided in these terms; 2. Immediately, by Premier Garnish, if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms; 3. Immediately, by Premier Garnish, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, the Premier Garnish website; 4. Immediately, by Premier Garnish, if you transmit or receive, using the Premier Garnish website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory or libelous information of any nature or form, whatsoever, with respect to any other User, company, or any other person or business entity (Premier Garnish, in its sole discretion, shall determine whether any information transmitted or received violates this provision); 5. Immediately, upon discontinuance of the Premier Garnish website; or 6. Immediately, by Premier Garnish, if you violate any of the other condition of these Terms.
      2. Termination or cancellation of these Terms shall not affect any other right or relief to which Premier Garnish may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of User’s account: 1. All rights granted to you will terminate and revert to Premier Garnish; 2. As requested by Premier Garnish, you agree to erase and destroy any copies of the Premier Garnish website you have made; and 3. You agree to certify to Premier Garnish your compliance with these requirements, in writing, upon Premier Garnish's request. THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL PREMIER GARNISH OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE PREMIER GARNISH WEBSITE OR IT’S PRODUCTS.

Monitoring

User acknowledges that Premier Garnish reserves the right to, and that we may, from time to time, choose to monitor any and all information transmitted or received through our website. Premier Garnish, in its sole discretion and without further notice to User, may review, censor or prohibit the transmission or receipt of any information that Premier Garnish deems inappropriate or that Premier Garnish determines violates any term or condition of these Terms.

Registration

      1. Users are not required to register to purchase our Products. Registration (by providing a valid email address, user name and password) is required if User wants to set up a business account with us. Premier Garnish may refuse to grant to User, and User may not use, a User name or email address that is already being used by someone else or impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of another person or entity, is offensive (for any reason), or that we reject for any other reason, in our sole discretion. If you set up an account, you may have only one User name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your account. If User becomes aware of any unauthorized use of their password or account, they agree to notify Premier Garnish immediately at Support@PremierGarnish.com.
      2. User agrees that all information provided in the User profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.

Communicating with Premier Garnish

Constructive feedback, regarding Company and/or its Products and Services, can be submitted to Support@PremierGarnish.com. Feedback regarding the website and its use or application, can also be submitted to that address.

Uses Not Permitted

      1. Use of the Premier Garnish website, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
        1. Illegal/Criminal Activity – The Premier Garnish website may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
        2. Security Violations – The Premier Garnish website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.

          User is responsible for maintaining the basic security of its own computer system, and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
        3. Threats – The Premier Garnish website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, or defamation.
        4. Offensive Materials – The Premier Garnish website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, or hateful materials.
          Further, Users agree to adhere to the following requirements:
          1. Comply with all laws, ordinances, statutes and applicable legislation, and to respect all 3rd-party rights. In particular, User shall not:
          2. You may not provide, post or otherwise distribute, User content that:
            1. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
            2. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
            3. Violates any right of Premier Garnish, or any 3rd-party;
            4. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
            5. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
            6. Interferes with any User’s uninterrupted use of the Premier Garnish website;
            7. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
            8. Disrupts, interferes with, or otherwise harms or violates the security of the Premier Garnish website or any Products, system resources, accounts, passwords, servers or networks connected to, or accessible through, the Premier Garnish website;
            9. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY PREMIER GARNISH.

          1. User is further prohibited from the following activities:
            1. Employing any mechanisms, software or scripts when using the Premier Garnish website. However, the User may use the interfaces or software provided by Premier Garnish within the scope of the Products available on our website and in accordance with these Terms;
            2. Blocking, overwriting, modifying and copying of any content of the Premier Garnish website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our website or Products, and is therefore prohibited;
            3. Performing any actions that may impair the operability of the Premier Garnish website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
        1. Indirect Access - A violation of these terms by someone having only indirect access to the Premier Garnish website through a User, will be considered a violation, whether or not with User’s knowledge or consent.
      1. The resale of Premier Garnish Products is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
      2. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Premier Garnish, in its sole discretion.
      3. When feasible, it is Company’s preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. Premier Garnish may involve, and cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.

Your Personal Information

The Use of your personal information is covered in our Privacy Policy, located elsewhere on our website.

Delays in Products; Force Majeure

Any delays in, or failure of, performance by Premier Garnish or any of its licensors (including its affiliates, officers, directors, employees, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Company control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Premier Garnish shall have no responsibility to provide you access to the Premier Garnish website while interruption of the Premier Garnish website, due to any such or similar causes, shall continue.

User Equipment, Payments and Returns

      1. User shall provide and maintain all internet and other equipment or services necessary to access the Premier Garnish website, and the costs of any such equipment and/or internet connections or use, including any applicable taxes, shall be borne solely by User.
      2. When you purchase Products on the Premier Garnish website, you will have a choice of payment methods. All prices displayed on Premier Garnish website are quoted in U.S. dollars. Premier Garnish currently accepts the following methods of payment, which may change without notice in the future: PayPal, Visa or MasterCard credit cards. Premier Garnish does not accept money orders or personal checks at this time.
      3. All orders must be shipped to the same address that is on the billing address of the PayPal or credit card statement, in order to prevent fraud, which we verify through the AVS (Address Verification System).
      4. Premier Garnish may only allow delivery to addresses within the United States and Canada. Premier Garnish will add shipping and applicable sales/use tax. Premier Garnish reserves the right, without prior notice, to discontinue or change specifications and prices on Products offered by and through our website, without incurring any obligation or liability to User. Products displayed on our website are available while supplies last. Descriptions or references to Products on Premier Garnish website does not constitute a warranty by Company. The receipt by User, of an order confirmation, does not constitute Premier Garnish automatic acceptance of an order placed by User. Prior to Premier Garnish acceptance of an order, verification of information may be required. Company reserves the right, in its sole discretion, at any time after receipt of your order, to accept or decline your order, or any portion thereof, even after you receive an order confirmation from us. Company also reserves the right to limit the order quantity on any item and to refuse service to any User, without prior notification. In the event that a Product is listed at an incorrect price, due to supplier pricing information or typographical error, Premier Garnish shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or Paypal account has been charged. If your credit card or Paypal account has already been charged for the purchase and your order is canceled, Premier Garnish shall promptly issue a credit to your account, in the full amount of the incorrect price charged by us.
      5. Returns and Exchanges – Premier Garnish wants our customers to be happy and satisfied with our Products and Services. We will gladly accept returns for Products purchased through our website. Up to ten- (10) days from the date of purchase, refunds will be issued as a credit to your credit card or Paypal account, for unopened, undamaged items, minus a ten percent (10%) re-stocking fee. If an item ordered is damaged or you think that you've received a defective item or the wrong item, in error, please email us at Support@PremierGarnish.com and we'll do our best to help you, quickly and courteously. Follow these procedures to return an item: 1. To receive maximum credit, items must be returned in new condition, with tags, boxes and packaging intact, to: Premier Garnish, Inc ADDRESS CITY, STATE ZIP 2. When shipping your return, include a copy of the packing slip, and use a shipper that provides tracking, as we are not responsible for lost or damaged return shipments. Please allow ten (10) days to two (2) weeks for processing the credit. 3. Our inventory changes at different rates, and we do not recommend exact exchanges for online purchases unless you have contacted us and verified the item is in stock. Your alternative is to place a new order, at any time, and send the returned items back to us for a refund.
      6. If you refuse an order, at the time of delivery, the original shipping charges will not be refunded and, in fact, you may be subject to additional shipping and/or restocking fees, up to 25% of the order amount.
      7. Placing an order on our website is easy. Just browse through our Products, using the categories and our search function. The Product review feature can help you to find the right items. You can ‘Add’ items to the shopping cart if you're ready to check out or just want to save them for later, and you can always click ‘View Cart’ at the top of the page to view the items you’ve chosen.
      8. Once you're ready to pay for your items, click on ‘Checkout’ from the shopping cart and follow the prompts. If you plan on coming back to purchase in the future, we suggest that you register on the website, in order for us to save your address and other information, for the next time you place an order. To use a store credit, just shop as normal and you will be prompted to enter in your store credit number during checkout. If you need assistance in choosing the correct item, please contact us at Support@PremierGarnish.com.
      9. Canceling an Order – We generally process orders immediately after they are placed, and we may not be able to modify or cancel your order. Please contact us at Support@PremierGarnish.com. If an order has already been processed before you contact us, we will accept a return, minus a ten percent (10%) re-stocking fee.
      10. Choosing the correct item is the responsibility of the customer, however, Premier Garnish will make every attempt to get the right item for you. Please be sure to order accurately, in order to prevent unneeded returns. If customer orders an incorrect item, Premier Garnish will be happy to exchange the item, however, customer will be charged for the return shipping and shipping of the exchanged item. In addition, Company may charge a standard restocking fee of ten percent (10%).
      11. Any item that is returned in a damaged condition or with damaged packaging, will be refused and no refund will be given.
      12. In the unlikely event of a product recall, returns will only be accepted according to the official manufacturer’s recall program instructions and directives. In such an event, please contact us at Support@PremierGarnish.com. Do not send an order back to us without first contacting us and receiving our directions.

Warranty Disclaimer

      1. User acknowledges that the information provided through the Premier Garnish website is compiled from sources that may be beyond the control of Premier Garnish. Though such information is recognized by the parties to be generally reliable during the term of this Agreement, User acknowledges that inaccuracies may occur and Premier Garnish and its licensors do not warrant the accuracy or suitability of the information for any particular purpose. The information provided by Premier Garnish and its licensors is for User’s personal information only. Neither Premier Garnish nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance, thereon. Premier Garnish makes reasonable efforts to obtain reliable content from third parties and licensors, but Premier Garnish does not guarantee the accuracy of information provided by any third party. The Premier Garnish website may point to other Internet websites that may be of interest to you, however, Premier Garnish does not endorse or take responsibility for the content on such other websites.
      2. USER ACKNOWLEDGES THAT THE PREMIER GARNISH WEBSITE IS PROVIDED TO USER ON AN "AS IS, WITH ALL FAULTS" BASIS. PREMIER GARNISH, AND ITS LICENSORS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, PREMIER GARNISH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT: 1. THAT THE PREMIER GARNISH WEBSITE WILL MEET USER REQUIREMENTS OR IS SUITABLE FOR USER NEEDS; 2. THAT THE ACCESS OR USE OF THE PREMIER GARNISH WEBSITE WILL BE ERROR-FREE, OR 3. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE PREMIER GARNISH WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
      3. USERS ARE SOLELY RESPONSIBLE FOR ALL DECISIONS THEY MAKE IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.

Limitation of Liability; Disclaimer of Consequential Damages

NEITHER PREMIER GARNISH NOR ANY OF ITS LICENSORS SHALL BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THE PREMIER GARNISH WEBSITE OR ITS CONTENT. USER ALSO AGREES THAT PREMIER GARNISH AND ITS AFFILIATES (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PREMIER GARNISH WEBSITE, FOR ANY PURPOSE WHATSOEVER, EVEN IF PREMIER GARNISH OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF PREMIER GARNISH OR ITS LICENSORS BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF PREMIER GARNISH OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO ONE DOLLAR (USD$1.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. USER ACKNOWLEDGES AND AGREES THAT PREMIER GARNISH WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS, OPERATE ON, OR ARE PASSED THROUGH, THE PREMIER GARNISH WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, USER HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS PREMIER GARNISH HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON USER’S COMPUTER EQUIPMENT, BY WHATEVER MEANS USER DEEMS MOST APPROPRIATE FOR USER’S NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification

USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PREMIER GARNISH, AND ITS AFFILIATES AND LICENSORS (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO USER’S ACCESS TO, AND USE OF, THE PREMIER GARNISH WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE PREMIER GARNISH WEBSITE.

Export Control

User agrees that User is not in a country where such export of information or Products, such as those contained on the Premier Garnish website, is prohibited, or that User is a person or entity to which such export is prohibited. User is responsible for compliance with the laws of User’s local jurisdiction regarding import or export of the information contained in the Premier Garnish website and its access software.

No Conflicting Terms

If there is any conflict between these Terms, any help text, manuals or other documents relating to the Premier Garnish website, these Terms shall govern, whether such documents are prior, or subsequent, to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Premier Garnish.

Attorney's Fees

If Premier Garnish takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, Premier Garnish shall be entitled to recover from User and User agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.

Governing Law; Limitations; Venue

These Terms and the Agreement it creates, shall be governed by the laws of the State of Florida, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, User’s access and use of the Premier Garnish website, contemplated by these Terms, must be instituted within one (1) year from the date of purchase. Further, any such claim or cause of action may only be brought in the appropriate State court in Florida, and User agrees to submit to the exclusive personal jurisdiction of such court, and hereby appoints the officer of such court as agent for service of process.

Severability

If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision, so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms.

Data Protection

      1. Premier Garnish recognizes that any data provided by User is extremely important and we shall, therefore, be particularly sensitive in handling such data. That is why we employ state-of-the-art, 256-bit encryption, provided by Network Solutions’ EV SSL (Secure Sockets Layer). This SSL technology provides the highest level of security currently available for secure transactions on the Internet. Also, we have a dedicated IP (Internet Protocol) address, just for the SSL and have additional safeguards provided through our e-commerce software.
      2. Users are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third parties. Nevertheless, Premier Garnish shall do what is reasonable to safeguard User data, subject to this cautionary limitation.
      3. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
      4. Accordingly, neither Premier Garnish nor its licensors shall be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on their part. PLEASE SEE OUR PRIVACY POLICY, AVAILABLE SEPARATELY, ON THE PREMIER GARNISH WEBSITE HOME PAGE.

Unsolicited Idea Submission Policy

PREMIER GARNISH DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN PREMIER GARNISH SERVICES, PRODUCTS OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO PREMIER GARNISH OR ANYONE ASSOCIATED WITH US. IF, DESPITE OUR REQUEST, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PREMIER GARNISH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on our website is accessible worldwide, not all Products on our website may be available to all persons or in all geographic locations or jurisdictions. Premier Garnish reserves the right to limit the provision of its Products to any person, geographic area or jurisdiction they so desire, and to limit the quantities of any Products that they provide, in their sole discretion. Any offer for any Product listed on our website, is void where prohibited.

Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Contact Information

Please contact Premier Garnish by sending an email to:

Support@PremierGarnish.com

Entire Agreement

These Terms constitute the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.

Effective Date of These Terms

These Terms and Conditions of Use were last updated on January 14, 2016.