All e-mail sent to the e-mail addresses of PainGoneNow-Yes.com becomes the property of PainGoneNow-Yes.com. PainGoneNow-Yes.com reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as PainGoneNow-Yes.com in its sole discretion sees fit.
Parties other than PainGoneNow-Yes.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. PainGoneNow-Yes.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. PainGoneNow-Yes.com does not intend any such links to third-party web sites to imply PainGoneNow-Yes.com's sponsorship or endorsement thereof. Your use of such web sites is at your own risk and you should carefully review their privacy statements and other conditions of use.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PainGoneNow-Yes.com's express prior approval, contains advertising or any solicitation with respect to products or services.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PainGoneNow-Yes.com MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, PainGoneNow-Yes.com MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. PainGoneNow-Yes.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL PainGoneNow-Yes.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold PainGoneNow-Yes.com and the employees, officers, directors, shareholders, agents, representatives of PainGoneNow-Yes.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with PainGoneNow-Yes.com, any third-party providers or sources of information or data and legal advisers (collectively, "PainGoneNow-Yes.com Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of PainGoneNow-Yes.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold PainGoneNow-Yes.com Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL PainGoneNow-Yes.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, EDITORS, AND REPRESENTATIVES BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR DATA, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, AND CLAIMS OF CUSTOMERS OR THIRD PARTIES ARISING FROM ANY CUSTOMERS' INTERACTION, INVOLVEMENT, AND RELATIONSHIP WITH MEMBERS OF THE ONLINE AND/OR OFFLINE DATING COMMUNITY OF ANY KIND, EVEN IF PainGoneNow-Yes.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SUBMIT ESSAYS AND INFORMATION AT YOUR OWN RISK. FURTHER, CLIENTS AGREE TO HOLD PainGoneNow-Yes.com HARMLESS FROM ANY ADMINISTRATIVE, CRIMINAL, OR CIVIL PROCEEDINGS.
This agreement will be governed and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California, and any cause of action which arise from use of this Web site or from interpretation of these terms and conditions must be filed in the state and federal courts located in Los Angeles County, State of California. If 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. Any remaining provisions shall be given effect to the fullest extent possible.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Los Angeles, California, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. PainGoneNow-Yes.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We at PainGoneNow-Yes.com respect the privacy concerns of the users of this site and have created this privacy policy to explain (1) what information we gather from you when you visit our site, (2) how we may use such information, (3) your choices concerning how we may use such information and (4) the security measures we take to protect such information. Some information is collected on this site automatically through our technology; other information is collected only when you choose to give it to us (e.g., when you purchase our services or sign up for a specific online transaction).
Information We Gather Automatically
When you visit this site, certain non-personally identifying information is recorded automatically by the standard operation of our Internet servers. Information such as the type of browser being used, its operating system, and your computer's Internet Protocol ("IP") address (a number that your Internet service provider assigns to your computer whenever you surf the Internet) is gathered in order to facilitate our online operations and to assure an efficient online experience for you. We may also use or share this information for security purposes, to generate group statistics about our user community, or as required by law.
We may use your IP address or other automatically recorded information, in cooperation with your Internet provider, to identify you if it is necessary to contact you or to bring legal action against you because you are violating the Terms and Conditions of use for this site or may be causing injury to or interference (intentionally or unintentionally) with our company's rights or property, other users of this site or anyone else who could be harmed by your activities.
Personal Information You Provide To Us
We may request personally identifying information from you in a variety of contexts. For example, you may provide such data to us if you: (1) purchase any products or services from E-Cyrano.com; (2) fill out an order form to request information; (3) register to participate in community features; or (4) complete an online registration form (e.g., various sign-up forms for receiving email newsletters, registering for special offers, registering for an account, entering a contest or responding to a survey).
In such cases, the personally identifying information we request may include your name, email address, mailing address and zip code, phone number, and, where appropriate, a valid credit card number with expiration date (collectively, "Personal Information"). In addition, we may collect other non-personally identifying information such as your date of birth, gender, country of residence, hobbies, interests and other information regarding your interaction with our site, preferences and other customized activities in which you participate. Of course, you never have to answer any of the questions we ask you or otherwise interact with our site and/or our consultants, but refusal to do so may limit the products or services we can offer or provide to you.
How Can Your Personal Information Be Used?
Within PainGoneNow-Yes.com
When you purchase products or services from PainGoneNow-Yes.com, we will use your Personal Information to fulfill your order and for customer service. Many online customers are particularly concerned about their credit card information, which we will share only as required by companies involved in your transaction (e.g., fulfillment, billing, mailing, storage or delivery services). We will not share your credit card information with any other company unless it is involved in the fulfillment or delivery of your order. We do not rent, sell or share credit card information with promotional partners or other third parties.
We may use your Personal Information and other non-personally identifying information we collect to update you about our products or services or to contact you about offers of new PainGoneNow-Yes.com products or services that are of interest to you. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by following the instructions included in the specific communication you no longer wish to receive or by sending an email to evan@PainGoneNow-Yes.com and explaining how you would like to modify your preferences.
For Legal Enforcement Purposes
We reserve the right to disclose your Personal Information, including credit card information, as required by law or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against you if you are violating the Terms and Conditions of use for this site or may be causing injury to or interference (intentionally or unintentionally) with our company's rights or property, other users of this site or anyone else who could be harmed by your activities.
Safeguarding Your Personal Information
PainGoneNow-Yes.com cares about the security of your Personal Information. We follow generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such Personal Information. However, unfortunately, despite many advances in information security technology and procedures, no commercially deployed method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, while we do strive to use modern and commercially reasonable means to protect your Personal Information, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.
Cookies
A "cookie" is a small text file that an Internet site can place on your computer's hard drive for record-keeping purposes. Cookies make using this site easier by, among other things, saving your passwords and preferences for you, keeping track of your shopping cart when you visit our online store or other similar purposes, and to help identify you whenever you return to our site, so you do not need to reenter your identification information.
Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser's "Help" area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, some parts of this site will not function properly or may perform considerably slower. For example, without cookies, you will not be able to set personalized preferences or you may have difficulty completing shopping transactions, listening to music or playing games.
How to Contact Us
If you have any questions or complaints about our Privacy Policy, please contact us at:. .When we receive such inquiries about our Privacy Policy, we will use the Personal Information (such as your email address) only to respond to your question or comment. However, if your question raises one or more issues that affect our promotional partners, we may also share your question with them in order to provide a response.
Changes in This Privacy Policy
We reserve the right to modify, alter or otherwise update this Privacy Policy at any time, so we encourage you to review this Privacy Policy from time to time. When we make changes which we consider material in our privacy practices, we will notify you in this space. We may also attempt to notify you of any such material changes to our privacy practices via email or by placing a notice on our home page.
Acceptance of This Privacy Policy
By using this site, you consent to the collection and use of your Personal Information by PainGoneNow-Yes.com in accordance with this Privacy Policy.