Terms of Use
Peyton & Clark Website Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE*. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PEYTON & CLARK AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Peyton & Clark MAY MAKE CHANGES TO THIS SITE, AT ANY TIME. Peyton & Clark may CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE; YOUR CONTINUED USE OF THIS SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.
* The term "Site" refers to the peytonandclark.com website, any site to which you are referred or redirected from http://peytonandclark.com/ that is owned, operated or controlled by Peyton & Clark, as well as any information you may obtain via such sites, including but not limited to documents, text, programs, graphics, images, animations, movies, media, logos, graphics, advertisements, testimonials, opinions, recommendations, advice, statements, and demonstrations. "Peyton & Clark" refers to (1) Peyton & Clark LLC (2) current or future entities under common control with Peyton & Clark, and (3) any successors or assignees of Peyton & Clark (in which case the successor or assignee will assume our obligations under these Terms).
General Use Restrictions
The Site is the copyrighted or trademarked work of Peyton & Clark or Peyton & Clark's contributors or suppliers.
Peyton & Clark grants you a limited, personal, non-exclusive and non-transferable license to use the Site solely for your personal and informational purposes. You agree not to modify, adapt, prepare derivative works of, make substantial alterations, translate the Site, and you further agree not to distribute, perform, display, sell, license, lease, rent, sublicense or otherwise exploit the Site to third parties. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed information from the Site. Except as stated herein, you acknowledge that you have no ownership or title in this Site.
Privacy Policy
In the course of using this Site, you may provide or we may collect information about you. We are committed to protecting the privacy of our customers' information and explain our policies with respect to the use of and disclosure of such information in our Peyton & Clark Website Privacy Policy, which is available at http://peytonandclark.com/privacy (the "Privacy Policy").
Your Submissions
Peyton & Clark allows you to enter contact information and to leave a comment or question on the Site. Any information you choose to provide or we receive in connection with any submission of information is subject to the Terms. You agree that Peyton & Clark may contact you using the contact information you provide and that such information is true and complete.
Unauthorized Activities
Unauthorized use of this Site may violate applicable laws and regulations. You agree to indemnify and hold Peyton & Clark and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Peyton & Clark or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Ability to Accept
You affirm that you are at least 13 years old and are competent to accept the Terms herein. If you are a child under the age of 13, do not use this service. If you are over the age of 13 but under the age of 18, you affirm that you have obtained your parent's or legal guardian's consent after such parent or guardian has reviewed the Terms herein.
Proprietary Rights
PEYTON & CLARK is a trademark of Peyton & Clark LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, as between you and Peyton & Clark, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Peyton & Clark, Copyright © 2011 Peyton & Clark LLC, or its suppliers. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
Disclaimer of Warranties
Your use of this Site is at your own risk. Peyton & Clark does not warrant that the Site has been verified or authenticated in whole or in part by Peyton & Clark, and it may include inaccuracies or typographical or other errors. Peyton & Clark has no liability for any errors or omissions on the Site, whether provided by Peyton & Clark or its licensors.
Peyton & Clark, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE. BY WAY OF EXAMPLE AND WITHOUT LIMITATION, Peyton & Clark MAKES NO WARRANTY RELATING TO THE QUALITY, SUITABILITY, TRUTH, TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION YOU RECEIVE AS A RESULT OF THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION on this site IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
Peyton & Clark SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, DOWNLOADING FROM or submitting to THIS SITE. IN NO EVENT SHALL Peyton & Clark BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Peyton & Clark KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, THEN SUCH EXCLUSIONS AND LIMITATIONS SHALL REMAIN IN EFFECT TO THE GREATEST EXTENT PERMITTED BY LAW.
Local Laws; Export Control
Peyton & Clark controls and operates this Site from its headquarters in the United States of America, and the Site may not be appropriate or available for use in other locations. Wherever you use this Site, you are responsible for following applicable local laws.
General
If you violate these Terms, Peyton & Clark may terminate or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. New Jersey law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in New Jersey. If any provision of these Terms is deemed illegal or unenforceable, the requirements of the provision shall remain to the full extent permissible by law and the offending portions thereof shall be deemed replaced, to the extent possible, with a provision most closely reflecting the purpose of the offending provision. Peyton & Clark's failure to enforce any of these Terms is not a waiver of such term. The Terms and Privacy Policy are the entire agreement between you and Peyton & Clark and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Peyton & Clark about this Site.
The Website Terms of Use was last updated: February 1, 2011.