These Terms of Use apply to your use of this "Website" (www.personalcompanions.com) and www.personalcompanions.us. For these Terms of Use, "Personal Companions", "we", "our", or "us" refers to Personal Companions LLC, a Florida corporation, and includes all of our Affiliates.

These Terms of Use are a legally binding agreement between you and us. Please read these Terms of Use carefully before you access or use our Website and its digital content. They contain important information regarding your legal rights, including mandatory arbitration, no class action, and waiver of your right to a jury trial. By accessing our Website and our digital content, you agree to these Terms of Use entirely and as a whole. If you do not agree, you must leave our Website immediately.


LIMITED LICENSE

We grant you a limited, revocable, nonexclusive, nontransferable license to access our Website and its content for personal use only. You are not authorized to access and use this Website if you are under 18 years old of age.


PROPRIETARY RIGHTS

We own or have procured permissions to display the digital content on our Website. The collective material and work is property of Personal Companions.

All rights, logos, icons, company name, title, and interest in and to the digital content on this Website, including all trademarks, watermarks, trade, customer information, legal information, visitors' information, customers' opinions and profile pictures, traffic analytics, product descriptions, prices, and other proprietary rights are the exclusive property of Personal Companions. Nothing on this Website shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form without our express written consent. Except as set forth in these Terms of Use, your use of any of this content for private use outside this Website is strictly prohibited.


PRIVACY

Please read our Privacy Policy for detailed information about our privacy practices.


CUSTOMER CONTENT

We welcome your comments, suggestions, questions, ideas, reviews, and other communications (collectively, "Customer Content") through digital tools offered on our Website, provided that such Customer Content complies with these Terms of Use. We accept Customer Content on the condition that you grant us a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, and prepare derivative works based on and publicly perform, display, publish, and distribute Customer Content for any purpose whatsoever, without restriction, throughout the world, and without compensation to you. This license is effective automatically (without further action by you) when you submit Customer Content directly to Personal Companions or on our Website.

Customer Content shall not violate the law or any third-party's rights (including, without limitation, intellectual property rights), cause injury or damage to any person or entity, or contain any objectionable material.

You agree not to post obscene, threatening, violent, defamatory, political, controversial, commercial, promotional, invasive of privacy, or infringing intellectual property rights comments. You also agree not to post comments about religious nature, sport nature, or personal preferences for sports teams, celebrities, associations, brands, clubs, countries, religions, or political ideology or parties. You also agree not to post comments that may be harmful, racist, or offensive to anyone. You agree not to post comments or information that can apologize for violence or violent people or groups. You agree not to post personal information, addresses, phone numbers, or mention real persons' names. You agree not to post spam or phishing of any kind, chain letters, mass mailing, or any other form of mass information. You may not use a false email address or impersonate any person or entity. It is strictly forbidden to post false, inaccurate, or misleading information.

We have the right, but not the obligation, to monitor Customer Content on our Website to determine compliance with these Terms of Use. At our sole discretion, we have the right to edit, move, delete, or refuse to post any Customer Content submitted to or posted on our Website for any reason, including violation of these Terms of Use, whether for legal or other reasons and without any explanation. Notwithstanding the preceding, you are solely responsible for any Customer Content you submit. You agree to indemnify us and our Affiliates for all claims resulting from any Customer Content you submit.


WARRANTY DISCLAIMER

We cannot and do not represent or warrant that our Website, its digital content, or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

Our Website and all information, digital content, marketing materials, products, product descriptions, product details, services, and user content included on or otherwise made available to you through our Website (collectively, the "content") are provided by Personal Companions on an "as is," "as available" basis, without representations or warranties of any kind. We make no representations or warranties of any kind, express or implied, as to the digital content's operation, the accuracy or completeness of this content, or that emails sent from Personal Companions are free of malware or other harmful components. You expressly agree that your use of our Website is at your sole risk. We will not be liable for any damages of any kind arising from the use of the Content of our Website, including, without limitation, direct, indirect, punitive, and consequential damages, unless otherwise agreed by Personal Companions in writing. To the full extent permitted by law, we disclaim all representations and warranties concerning the Content, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

If colors, quality, product composition, chemical ingredients, allergens, and other product information are provided through the Website, Personal Companions does not represent or warrant that such information is accurate or complete since it is provided by their manufacturers. Occasionally manufacturers may modify their products and update their composition, informing local and international authorities. We recommend that you do not rely solely on the information presented on our Website and that you make any necessary questions and do all the required research if you have specific questions or concerns about a product.

In no event, we will be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use, or reliance on any third-party names, marks, products, advertisements, or services or pop-up texts or links to third-party applications that appear on the Website.


LIMITATION OF LIABILITY

Under no circumstances shall Personal Companions or its affiliates or their respective employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the digital content of our Website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract or tort, even if Personal Companions, or anyone acting on our behalf, has been advised of or should have known of the possibility of such damages. Each provision of these terms of use that provides a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and Personal Companions. This allocation is an essential element of the basis of the bargain between you and Personal Companions. This section's limitations will apply even if any limited remedy fails its essential purpose(s). If you are dissatisfied with the digital content or any content on our Website or these Terms of Use, your sole and exclusive remedy is to discontinue using and accessing the Website. By using this digital content, you acknowledge that your use of the Website is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.


INDEMNITY

By using our Website, you agree to defend, protect, indemnify, and hold harmless Personal Companions and its Affiliates and their respective officers, directors, employees, agents, vendors, and suppliers from and against any loss, liability, claim, damage, expense (including, without limitation, reasonable attorneys' fees and costs) arising out of or otherwise related to the use of the digital content of the Website.


ALLEGED COPYRIGHT INFRINGEMENT

If you believe in good faith that any part of our Website's digital content constitutes an infringement of any work that might be protected by copyright, please notify Personal Companions by emailing us at customer_service@personalcompanions.net. Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of such notice, we will respond and proceed in accordance with the DMCA.


SWEEPSTAKES OR PROMOTIONS

Any discounts, sweepstakes, contests, raffles, or promotions (collectively, "Sweepstakes") and Gift Cards made available through the Website may be governed by rules separate from these Terms of Use. You should review the applicable rules before participating. In the event of a conflict between these Terms of Use and these rules, the applicable rules shall prevail.


APPLICABLE LAW

These Terms of Use shall be governed in all respects by the laws of the State of Florida without giving effect to its conflict of law provisions. You knowingly and voluntarily submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida. You further agree that any cause of action arising under these Terms of Use shall be brought first to an arbitration firm based in Miami, Florida, and you shall pay for all costs for an arbitrary mediation out-of-courts to determine a fair resolution. If a resolution is not possible for a legal reason, then you agree to present your case only in a Court of Law based in Miami, Florida.


UPDATES TO TERMS OF USE

From time to time, we may modify these Terms of Use to reflect industry initiatives or changes in the law or our policies. All modifications and updates shall be effective upon posting. Your continued use of the Website after we post updated Terms of Use signifies your acceptance of the new terms. You should review these Terms of Use regularly to ensure that you are aware of any changes.


PERSONAL COMPANIONS' AFFILIATES

The term "Affiliates" shall mean all current or future companies or entities that now or that are in the future: (a) controlled by; (b) under common control with; or (c) controlling Personal Companions LLC, wherein "control" means possession directly or indirectly of the power to direct or cause the direction of management or policies of an entity through the ownership of at least fifty percent (50%) of the voting securities, by contract, or otherwise.


MISCELLANEOUS

Our rights and remedies under these Terms of Use are cumulative and not alternative. Neither the failure nor the delay by Personal Companions in exercising any right, power, or privilege under these Terms of Use will operate as a waiver of such right, power, or privilege, and no single or partial exercise will preclude any other or further exercise of such right, power, or privilege. If any provision of these Terms of Use is held invalid or unenforceable, the other provisions shall remain in full force and effect. You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Use without our prior written consent.


CONTACT US

If you would like to communicate with us about these Terms of Use, please feel free to Contact Us on the Contact Us section of our Website or by emailing us customer_service@personalcompanions.net.


BINDING ARBITRATION

In case of disagreement, you waive jury trials and class actions and agree to present and pay all costs for an arbitrary mediation out-of-courts with a Law firm based in Miami, Florida, to determine an alternate resolution.

Non-US citizens agree to an alternative dispute resolution procedure if a tribunal rules that arbitration is prohibited by law.

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