Petersen-Dean, Inc. Terms and Conditions (“Agreement”)
The Terms and Conditions set forth below constitute a binding legal agreement between yourself and Petersen-Dean, Inc. (“us”, “we”, or “our”), concerning your use of our website https://petersendean.com (“the Site”), our website chatting tool (“Chat Tool”) on the Site, our mobile application (“PetersenDean App”), and/or any of our web services (the “Services”).
By accessing or using the Site, Chat Tool, PetersenDean App, and/or any Services in any manner, including, but not limited to, visiting, browsing, and/or contributing content, you agree to be bound by these Terms and Conditions.
You must not use the Site, Chat Tool, PetersenDean App, and/or any Services in any way that causes, or may cause, damage and/or impairment of the availability or accessibility of the Site, Chat Tool, PetersenDean App, and/or any Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site, Chat Tool, PetersenDean App, and/or any Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting), on or in relation to your use of the Site, Chat Tool, PetersenDean App, and/or any Services.
Aside from any content you contribute, any and all intellectual property rights and materials contained in the Site, Chat Tool, PetersenDean App, and/or any Services is owned by Petersen-Dean, Inc. and/or its subsidiaries and/or affiliates, and is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Petersen-Dean, Inc. grants you a non-exclusive, non-transferable, limited license to use the Site, Chat Tool, PetersenDean App, and/or any Services in accordance with this Agreement. No other express and/or implied rights are granted to you.
You may not republish material from, sell, rent or sub-license material from, reproduce, duplicate, copy or otherwise exploit material from the Site, Chat Tool, PetersenDean App, and/or any Services.
We may terminate your access to the Site, Chat Tool, PetersenDean App, and/or any Services without cause or notice, which may result in the forfeiture and destruction of all information associated with you that is in our possession, custody or control. All provisions of this Agreement that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Your communications, dealings, correspondence and/or participation with any third-party is solely between yourself and said third-party.
Limitation of Liability
To the fullest extent allowable by applicable law, neither Petersen-Dean, Inc., nor its directors, officers, employees, partners, agents, suppliers, subsidiaries, and/or affiliates, shall be liable for damages, direct, indirect, incidental, exemplary, or consequential, resulting from your use of and/or access to the Site, Chat Tool, PetersenDean App, and/or any Services.
You will defend, indemnify and hold harmless Petersen-Dean, Inc., and its directors, officers, employees, partners, agents, suppliers, subsidiaries, and/or affiliates against any claims, losses, liability costs, damages, and expenses, including but not limited to attorney’s fees, arising out of or related to your use of, and/or access to the Site, Chat Tool, PetersenDean App, and/or any Services; as well as any alleged breach of yours of this Agreement; and/or any violation of yours of any rights of a third-party.
The Site, Chat Tool, PetersenDean App, and/or any Services is provided on an “as is” basis, without any representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Petersen-Dean, Inc. does not warrant that: a) the Site Chat Tool, PetersenDean App, and/or any Services. will function without interruption, or will be available at any particular time or location; b) any errors or defects will be corrected immediately; c) the Site, Chat Tool, PetersenDean App, and/or any Services will be free of viruses or other harmful components at all times; or d) the results of using the Site, Chat Tool, PetersenDean App, and/or any Services will meet your requirements.
Dispute Resolution & Arbitration
This section will affect your legal rights, so please carefully review. Any claim, controversy, or dispute arising out of or related to your use of the Site, Chat Tool, PetersenDean App, and/or any Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). You agree that you are waiving your right to sue in court and to have a trial by jury. You further agree that the arbitration will be conducted in Alameda County, California, and that judgment on the arbitration award may be entered into any court of competent jurisdiction. To the fullest extent allowable by California law, you and Petersen-Dean, Inc. agree to equally split all costs associated with the arbitration, with each party to bear its own attorney’s fees. The award of the arbitrator will be final and binding upon the parties without appeal or review, except where permitted by California law.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.
Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions. It is your responsibility to review the most recent version of the Agreement and remain informed of any modifications. Your continued use of the Site, Chat Tool, PetersenDean App, and/or any Services after any such changes constitutes your acceptance of the new Terms and Conditions.
As Petersen-Dean, Inc. (“PDI” and/or “the Company”) has multiple promotions, the following terms and conditions will apply to each respective promotion, whether or not said promotion is aired on the radio, website, or television: