Programount.com Website Usage Terms and Conditions
Welcome to the Programount.com website ("This Website"), a website owned and operated by Programount Inc.
The Terms and Conditions stated below, along with the policies and guidelines located throughout
This Website identify what users of This Website (each a "User")
can expect from This Website and what Programount Inc. expects from Users. By visiting any area
on This Website or making a purchase via This Website, a User is deemed to have accepted these Terms and Conditions.
1. LICENSES AND RESTRICTIONS
Programount Inc. grants the User a limited, nonexclusive, revocable license to access and make personal,
non-commercial use of This Website. Programount Inc. further grants the User a limited, nonexclusive and revocable
right to create a hyperlink to the home page of Programount.com so long as the link
does not portray Programount Inc. or their respective products or services in a false,
misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to: modify, download (other than page caching), reproduce, copy, or resell This Website, the Content or any portion or derivative thereof; commercially use This Website, the Content or any portion derivative thereof; copy or download any User's account information for the benefit of any third party; enable high volume, automated, electronic processes that apply to This Website or its systems; use any robot, spider, data miner, scraper or other automated means to access This Website or its systems for any purpose; interfere or attempt to interfere with the proper working of This Website; bypass any Programount Inc. measures used to prevent or restrict access to any portion of This Website; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Programount Inc.; use Programount Inc. name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from This Website. The foregoing are expressly prohibited; the right to do any of the foregoing shall require Programount Inc.'s express written consent (which may include a written agreement signed by an authorized representative of Programount Inc.). Any unauthorized use of This Website, the Content or any portion or derivative thereof shall terminate any license or permission granted by Programount Inc.
"Programount.com", "PacificDVDs.com", and "OnlineBusinessPro.net" are trademarks or service marks of Programount Inc. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Programount Inc. used on This Website may not be used without prior written consent of Programount Inc., as the case may be. Without limiting the foregoing, no Programount Inc. trademark or trade dress may be used in connection with any product or service that is not Programount Inc.'s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Programount Inc.
User acknowledges that This Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Programount Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from This Website to either a foreign national or a foreign destination in violation of such laws and regulations.
5. RISK OF LOSS
The risk of loss for all items purchased via This Website pass to the User upon
delivery of the items to the User by the carrier, as indicated by the carrier's delivery
6. AGE OF USERS
Programount Inc. does not intend This Website to be used by individuals under the age of 18
(a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian").
Programount Inc. relies upon Guardians to determine if any Content or items available on This
Website is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor
may use This Website only under the supervision of Guardian.
7. TERMINATION OF USAGE
Programount Inc. may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of This Website including any account thereon, without notice, for any reason in Programount Inc.'s sole discretion, including without limitation Programount Inc.'s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Programount Inc. or another User.
In cases which Programount Inc. deems in its sole discretion to be egregious, Programount Inc. may provide written
notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his
or her right to use or access any part of This Website has been terminated including the right use,
access or create any account thereon; (ii) that Programount Inc. refuses to provide any services to such
Restricted User; and (iii) any subsequent dealings with Programount Inc. will be subject to the following
conditions: Orders placed by a Restricted User ("Restricted Order") after the effective date specified
in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
User agrees to indemnify and hold Programount Inc. harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach
of the Terms and Conditions or User's violation of any law or the rights of a third party.
9. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on This Website is responsible for (i) keeping his or her account
password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail
address associated with that account current (User acknowledges that it is important to keep the e-mail address
associated with his or her account current because although the User may be able to log into his or her
account using an old e-mail address, such User will not receive messages from
about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's account.
User consents to receive electronic communications from Programount Inc., whether addressed to the e-mail address
associated with such User's account or posted on This Website. User acknowledges
and agrees that any communication via e-mail or by postings on this Programount.com Website satisfies any legal
requirement that such communications be made in writing.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY PROGRAMOUNT INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, PROGRAMOUNT INC. DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, PROGRAMOUNT INC. DOES NOT MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE; OR (IV) THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF PROGRAMOUNT INC. ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
PROGRAMOUNT INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROGRAMOUNT INC.
UNDER NO CIRCUMSTANCES SHALL PROGRAMOUNT INC. BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROGRAMOUNT INC.'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS WEBSITE.
PROGRAMOUNT INC. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF PROGRAMOUNT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
13. APPLICABLE LAW; JURISDICTION
This Website is created and controlled by Programount Inc. in the State of California. The laws
of the State of California will govern the Terms and Conditions, without giving effect to any principles of
conflicts of laws.
Programount Inc. and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Orange County, California and waives any objection to the laying of venue of any litigation in said courts.
14. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Conditions, the Programount.com
Website or any Programount Inc.'s service (each a "Claim") where the total amount of the award sought is less
than $1,000 (excluding Claims for injunctive or other equitable relief), User or Programount Inc. may elect
to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon
written submissions where no in-person appearance is required. In such cases, the arbitration shall be
administered by the American Arbitration Association under its Commercial Arbitration Rules (including without
limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Orange County, California or in the United States county where the defendant is located (in the case of Programount Inc., Orange County, California, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Orange County, California).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
15. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout This Website, the following
policies are incorporated into the Terms and Conditions:
Privacy Policies: accessible via a link on the bottom of web pages at This Website.
Security Policies: accessible via a link on the bottom of web pages at This Website.
User and Programount Inc. regarding User's relationship with Programount Inc. and supersedes any prior statements
or representations. Headings used in the Terms and Conditions are for reference only and shall not affect the
meaning of any terms. By visiting any area on This Website or making a purchase via the
PacificDVDs.com Website or the OnlineBusinessPro.net website, a User is deemed to have accepted the Terms and Conditions.
Programount Inc. reserves the right to make changes to This Website, posted policies and Terms and Conditions at any time without notice. These Terms and Conditions were last revised on December 26, 2022.