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PRAGARD.COM TERMS AND CONDITIONS OF WEB SITE USE
Set forth below are the terms and conditions (these "Terms and Conditions")
governing the Pragard.com web site located at, or linked to through, the root
URL http://www.pragard.com, which may
expand or change from time to time (the "Website"). As used herein, the term
'Pragard.com" refers to Pragard.com, the sole owner and operator of the
Website; the term "you" or "your" refers to an individual, representing
yourself or, if applicable, acting as legal representative for a group,
business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE
WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND
CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Sites Linked From the Website: Links to third-party web sites
from the Website are not necessarily under Pragard.com's control, and
Pragard.com does not assume any responsibility or liability for any content,
opinions or materials available at such third-party web sites. Pragard.com does
not investigate, monitor or check for accuracy such third-party web sites and
Pragard.com does not intend any such links to third-party web sites to imply
Pragard.com's sponsorship or endorsement thereof. Your use of such web sites is
at your own risk.
"Framing" the Website: Framing of the Website is permitted only
by express agreement with Pragard.com, and Pragard.com may require if specific
measures are to be taken to avoid user or consumer confusion. Such measures may
include, but are not limited to: clearly attributing the displayed Material to
the Website or providing each user or consumer with the opportunity to visit
the Website directly by, for example, including a tab labeled "Remove Frames."
Pragard.com reserves the right to withhold consent for any reason and any
failure to monitor or control each instance of the framing of the Website shall
not be considered a waiver of any of Pragard.com's rights. Any framing of the
Website shall not imply the endorsement or sponsorship of Pragard.com, or
Pragard.com Affiliates, as hereafter defined.
Forward-Looking Statements: The Website may contain projections
or other forward-looking statements regarding future business events or
activities. Pragard.com cautions you that any such statements reflect only
predictions and that actual developments, results and events might differ
materially. Nothing contained on the Website constitutes a solicitation by
Pragard.com of the purchase or sale of securities.
Modification of Terms and Conditions: Pragard.com may modify
these Terms and Conditions from time to time in its sole discretion. When such
modification is made, Pragard.com will post a revised version of these Terms
and Conditions on the Website. Modifications will be effective when they are
posted. Pragard.com is not required to provide you with notification that any
such modification has been made. It is your responsibility to review these
Terms and Conditions from time to time to be aware of any such modifications.
Each time you log on to the Website, you will be deemed to have accepted any
such modifications.
Your Conduct: 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 Pragard.com's express prior
approval, contains advertising or any solicitation with respect to products or
services.
International Use: Pragard.com makes no representation that
Materials on this Website are appropriate or available for use in locations
outside Thailand, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access the Website from locations
outside Thailand do so at their own risk and are responsible for compliance
with local laws.
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.
PRAGARD.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, PRAGARD.COM MAKES NO REPRESENTATION THAT THE
OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRAGARD.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 PRAGARD.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 Pragard.com and
the employees, officers, directors, shareholders, agents, representatives of
Pragard.com, its affiliates, subsidiaries, advertising, promotion and
fulfillment agencies, any entity controlling, controlled by or under common
control with Pragard.com, any third-party providers or sources of information
or data and legal advisers (collectively, "Pragard.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 Pragard.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
Pragard.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 PRAGARD.COM BE LIABLE FOR
ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY
LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING,
INCLUDING NEGLIGENCE), EVEN IF PRAGARD.COM WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
General Provisions: You agree to comply with all applicable
laws regarding the transmission of technical data exported from Thailand 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. 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.
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