Terms & Conditions of Service

Our Terms and Conditions of Use agreement: **Notice** Failure to read our "Terms & Conditions of Use" agreement does not constitute a valid reason nor legitimate excuse for any non-compliance, disagreement or liability in the future! Please

Terms & Conditions of Service Agreement:


1. **Notice** Failure to read our "Terms & Conditions of Use" agreement does not constitute a valid reason nor legitimate excuse for any non-compliance or disagreement in the future! Please read our "Terms & Conditions of Use" agreement in it's entirety, before using our website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OUR SITE AND ANY PAGES HEREIN, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS OUR SITE, OR ANY PAGES HEREIN. NOT ALL PRODUCTS MAY BE AVAILABLE IN ALL VIEWING AREAS ACCESSING OUR WEBSITE. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS ARE SUBJECT TO FINAL DETERMINATION BY PISS ONE BAY®, HEREAFTER dba. PISSONEBAY.COM, ITS SUBSIDIARIES AND/OR ITS AFFILIATES.



2. Ownership of Site; Agreement to Terms & Conditions of Use:

This is an agreement between user-viewer and PISSONEBAY.COM (or one of its subsidiaries or affiliates). The terms and conditions of use contained in this document shall govern your use of any website or webpage operated by PISSONEBAY.COM. The Site is the property of PISSONEBAY.COM and its licensors. These Terms of Use apply to the website located at www.pissonebay.com.

PISSONEBAY.COM OFFERS THE SITE TO USERS-VIEWERS CONDITIONED ON USER-VIEWER'S ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS AND CONDITIONS OF USE. USER-VIEWER'S FURTHER NAVIGATION THROUGHOUT AND/OR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY (see Sections 8 and 9) AND A DISPUTE RESOLUTION CLAUSE (see Section 15). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

PISSONEBAY.COM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time. It is User's-Viewer's responsibility to check these Terms and Conditions of Use periodically for changes. Any continued use of the Site following the posting of changes will mean that User-Viewer accepts and agrees to the changes. As long as User-Viewer comply with these Terms and Conditions of Use, PISSONEBAY.COM grants User-Viewer a personal, non-exclusive, non-transferable, limited privilege to enter, navigate and use the Site.



3. Content:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to PISSONEBAY.COM and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

PISSONEBAY.COM®, PissOnEbay.com, PISS ONE BAY and Piss OnE bay are service marks of PISSONEBAY.COM.

Except as expressly provided in these Terms and Conditions of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without express prior written consent from PISSONEBAY.COM.

You may use information on PISSONEBAY.COM products, such as brochures, fact sheets, marketing and similar materials purposely made available by PISSONEBAY.COM for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.



4. Your Use of the Site:

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. PISSONEBAY.COM reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PISSONEBAY.COM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of PISSONEBAY.COM, including any PISSONEBAY.COM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PISSONEBAY.COM systems or networks, or any systems or networks connected to the Site or to PISSONEBAY.COM. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PISSONEBAY.COM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PISSONEBAY.COM or others.

Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).



5. Accounts, Passwords and Security:

Certain features or services offered on or through the Site may require you to open an account (including setting up a PISSONEBAY.COM username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify PISSONEBAY.COM immediately of any unauthorized use of your account or password, or any other breach of security, including suspected or actual account “ phishing” incidents. However, you may be held liable for losses incurred by PISSONEBAY.COM or any other user of or visitor to the Site due to someone else using your PISSONEBAY.COM username, password or account. You may not use anyone else’s PISSONEBAY.COM username, password or account at any time without the express permission and consent of the holder of that PISSONEBAY.COM username, password or account. PISSONEBAY.COM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.



6. Privacy:

PISSONEBAY.COM Privacy Policy applies to use of this Site, and its terms are made a part of these Terms & Conditions of Use. To view PISSONEBAY.COM Privacy Policy, click the link to our Privacy Policy at bottom. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.



7. Online Children's Privacy Protection:

PISSONEBAY.COM websites and online services are not directed to children under the age of thirteen (13) and do not encourage these children to provide their personal information. Consequently, our policy is that we will not knowingly collect personal information provided by children under the age of thirteen (13). If we obtain actual knowledge that we have collected such information, we will comply with the requirements of the Children's Online Privacy Protection Act (COPPA), including the deletion of such personal information from our systems. For additional information about COPPA, please visit the Federal Trade Commission's website at: www.FTC.gov.



8. Disclaimers:

PISSONEBAY.COM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PISSONEBAY.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PISSONEBAY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. PISSONEBAY.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PISSONEBAY.COM PRODUCTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PISSONEBAY.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. PISSONEBAY.COM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.



9. Limitation of Liability:

Except where prohibited by law, in no event will PISSONEBAY.COM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PISSONEBAY.COM has been advised of the possibility of such damages.



10. Violation of These Terms and Conditions of Use:

PISSONEBAY.COM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PISSONEBAY.COM's rights or property, or the rights or property of visitors to or users of the Site, including PISSONEBAY.COM's customers.

PISSONEBAY.COM reserves the right at all times to disclose any information deemed necessary to comply with applicable law, regulation, legal process or governmental request, providing any such requests does not violate a person's rights under the Constitution of the United States of America.

PISSONEBAY.COM also may disclose or exchange your information with another company or organization if or when fraudulent activity is determined on your behalf or on your account. You acknowledge and agree that PISSONEBAY.COM may preserve any transmittal or communication by you with PISSONEBAY.COM through the Site or any service offered on or through the Site, and may also disclose such data if it is determined that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms and Conditions of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of PISSONEBAY.COM, its employees, users of or visitors to the Site, or the public.

You agree that PISSONEBAY.COM may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines which may be associated with your use of the Site or for other cause, which includes (but is not limited to) (1) legitimate requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.



11. Dispute Resolution Agreement (LAW) These Terms and Conditions shall be governed by and constructed in accordance with the laws of the Commonwealth of Kentucky and any disputes will be decided only by the Courts of Leitchfield, Grayson County, Kentucky. The parties agree that any controversy or claim between them or against any agent, employee, successor, or assign of the other, whether related to these Terms of Use or your use of the Site or otherwise, and any claim or dispute related to these Terms of Use or your use of the Site or duties contemplated under these Terms of Use, including the validity of this arbitration clause (the “Claim”), shall be settled by binding arbitration determined and selected by PISSONEBAY.COM and shall be administered by the selected association or organization in accordance with the then current rules of commercial arbitration. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the Site; provided, however, that a party may request temporary remedies in a court of law to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief. Each party is required to continue to perform its obligations under these Terms and Conditions of Use pending final resolution of any dispute arising out of or relating to these Terms and Conditions of Use and your use of the Site, unless to do so would be impossible or impracticable under the circumstances.
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