Terms & Conditions
PDJ & Associates, Inc. dba Santisi Brothers (hereinafter referred to as "Santisi Brothers", "us", "we" or "our") maintains a website at www.santisibrothers.com ("Site"). By accessing and/or using the Site, you agree to comply with and be bound by the following terms and conditions ("Agreement").
YOUR ACCESS TO AND/OR USE OF THIS SITE, CONSTITUTES YOUR REPRESENTATION TO SANTISI BROTHERS THAT YOU ARE OVER 18 YEARS OF AGE, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AGREEMENT. WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME, AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THIS SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. WE MAY TERMINATE THIS AGREEMENT, INCLUDING ALL YOUR RIGHTS HEREUNDER, AT ANY TIME UPON NOTICE, WITH OR WITHOUT CAUSE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE.
1. Ownership. Santisi Brothers owns or licenses all content, materials, trademarks, trade names and other items on the Site (individually and collectively, “Materials”). You have no ownership interest in the Site and Materials. The Site and Materials are protected under applicable copyright, trademark, trade secret, and other intellectual property laws in the United States and around the world. You have no right to view, use, copy, perform, display, or modify the Site and Materials, in whole or in part, except as described in Section 3 of this Agreement. We also have the right to use, as we see fit, and without license or payment to you, any of your information or communication provided or available to us. We may modify, add to, or delete any Materials, the Site, or any other information or communications, at any time, without notice to, or permission from, you or any other party.
2. Conduct and Obligations. You agree to follow all applicable laws and regulations when using the Site. You agree that you will not, directly or indirectly:
a. Upload, post or otherwise transmit through or to this Site any content that:
(i) is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
(ii) infringes or may infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
(iii) contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
b. Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, its computer systems, servers or networks;
c. Provide false information, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
d. Provide any information that you do not own or otherwise have rights or license to provide, publish, disseminate or otherwise disclose;
e. Phish or transmit junk mail, spam, solicitations, advertisements, facsimiles, chain letters, or other unsolicited bulk e-mail or duplicative messages;
f. Collect information about any visitor to the Site or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses;
g. Sell access to the Site, including any Materials or other content contained on, downloaded or accessed from the Site;
h. Reproduce, republish, "mirror", "frame" or distribute in any form or manner, including, without limitation, by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, the Site, any Materials or other information or communication obtained via the Site;
i. Intentionally alter, in whole or in part, the Site, any Materials or other information or communication obtained or accessed via the Site or otherwise circumvent our regular interfaces to such data; and
j. Upload, embed or import, in whole or in part, the Site, any Materials or other information or communication obtained or accessed via the Site.
3. License. Subject to your performance of your obligations under this Agreement, and as otherwise limited by this Agreement, Santisi Brothers hereby grants to you a limited, revocable, non-exclusive, non-transferable license and/or sublicense (without the right to grant sublicenses) to download, view and use only on a single device solely for your personal, non-commercial use, the Site and Materials. You may not alter or remove any copyright or other proprietary notice on the Site or any Materials. You will not, in whole or in part, reproduce, reverse engineer, decompile, disassemble or otherwise distribute in any form, any intellectual property or proprietary information provided to, contained on or accessed via the Site, and/or the Materials.
5. Disclaimer. THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SANTISI BROTHERS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT OF THIRD PARTY RIGHTS. SANTISI BROTHERS DOES NOT WARRANTY OR OTHERWISE GUARANTEE OR REPRESENT ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR MATERIALS, THAT ACCESS TO THE SITE OR MATERIALS WILL BE UNINTERRUPTED, ACCURATE, COMPLETE OR ERROR FREE OR THAT MATERIALS AND INFORMATION WILL BE FREE FROM LOSS, INTERCEPTION, ALTERATION, HACKERS, VIRUSES, WORMS OR OTHER SECURITY VIOLATIONS.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SANTISI BROTHERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND MATERIALS AND TERMINATE THIS AGREEMENT.
7. Indemnification. You agree to indemnify, defend and hold Santisi Brothers, its directors, officers, employees and agents harmless for, from and against any action, suit, proceeding, threat, demand, obligation, cause, claim, damage, debt, loss, or liability, including costs and attorneys’ fees, asserted by any person, arising out of or relating to your use of the Site and/or Materials, and/or your breach or violation of this Agreement.
8. General. This Agreement and the Policy constitute the entire and only agreement between Santisi Brothers and you regarding the Site, Materials, and other information or communication obtained or accessed via the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, Materials, information or communication obtained or accessed via the Site, and the subject matter of this Agreement. You agree to review this Agreement prior to providing any information to Santisi Brothers or viewing the Materials and/or the Site. Any action related to this Agreement shall be governed by the laws of the State of Arizona, without regard to conflict of laws principles. The state and federal courts located in Maricopa County, Arizona shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of and venue in such courts and to extra-territorial service of process. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by you without our prior written consent. Any purported assignment without such permission shall be void. Santisi Brothers may assign this Agreement, in whole or in part, without notice to you. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This Agreement may be modified or amended by you only in a writing, signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void.