Terms and Conditions

Agreement Between User and Pensée LLC

The Pensée Party Web Site is comprised of various Web pages operated by Pensée LLC.

The Pensée Party Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Pensée Party Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Pensée LLC reserves the right to change the terms, conditions, and notices under which the Pensée Party Web Site is offered, including but not limited to the charges associated with the use of the Pensée Party Web Site.

Links to 3rd Party Sites

The Pensée Party web site may contain links to other web sites (“Linked Sites”). The linked sites are not under the control of Pensée LLC and Pensée LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pensée LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Pensée LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pensée LLC of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Pensée Party Web Site, you warrant to Pensée LLC that you will not use the Pensée Party Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pensée Party Web Site in any manner which could damage, disable, overburden, or impair the Pensée Party Web Site or interfere with any other party’s use and enjoyment of the Pensée Party Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pensée Party Web Sites.

Materials Provided To or Posted on Pensée Party’s Website

Pensée LLC does not claim ownership of the materials you provide to Pensée LLC (including feedback and suggestions) or post, upload, input or submit to any Pensée Party Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pensée LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pensée LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pensée Party’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the Pensée Party web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Pensée LLC and/or its suppliers may make improvements and/or changes in the Pensée Party web site at any time.

Pensée LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Pensée Party web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Pensée LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Pensée LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Pensée Party web site, with the delay or inability to use the Pensée Party web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Pensée Party web site, or otherwise arising out of the use of the Pensée Party web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Pensée LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Pensée Party web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Pensée Party web site.

Termination/Restriction of Access

Pensée LLC reserves the right, in its sole discretion, to terminate your access to the Pensée Party Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A. in all disputes arising out of or relating to the use of the Pensée Party Web Site. Use of the Pensée Party Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pensée LLC as a result of this agreement or use of the Pensée Party Web Site. Pensée LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pensée LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pensée Party web site or information provided to or gathered by Pensée Party with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pensée LLC with respect to the Pensée Party web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pensée LLC with respect to the Pensée Party web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright & Trademark Notice

All contents of the Pensée Party web site Copyright by Pensée LLC. All rights reserved.