TERMS OF SALE | U.S. SALES ONLY
Purchases from the Panelfly Store are available to you only in the United States and are not available in any other location. You agree not to use or attempt to use the Panelfly Store from outside of the available territory. Panelfly may use technologies to verify such compliance.
SALES TO END USERS ONLY
The Panelfly Store sells books to end user customers only.
REFUND POLICY
All Sales are final.
PAYMENT METHODS
The Panelfly Store accepts credit cards as form of payment. If a credit card company, is being used for a transaction, Opsis Distribution may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card account occurs at the time of purchase or shortly thereafter.
The Panelfly Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
PLEASE NOTE
We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.
BILLING
You will have one order that authorizes and bills as a single transaction.
SALES TAX
Panelfly Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the Panelfly Store.
UPGRADES
The latest version of the Panelfly software is recommended to access the Panelfly Store. From time to time, an upgrade to the latest version of the Panelfly software may be required in order to make transactions from the Panelfly Store, to download Products previously purchased from the Panelfly Store (for example, Products in your download queue or to take advantage of new features of the Panelfly Store). The latest version of the Panelfly software is available for download at no charge, and the minimum system requirements for running it are provided, at http://panelfly.com. Use of Panelfly software is subject to acceptance of its software license agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact Panelfly Store Customer Service (see below).
Opsis Distribution reserves the right to enhance Products purchased the Panelfly Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).
PRICES
The Panelfly Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). Opsis Distribution reserves the right to change prices for Products offered at the Panelfly Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
The Panelfly Store makes every effort to provide a broad content offering. For this reason, Opsis Distribution reserves the right to change content options without notice according to the publishers wishes. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact Panelfly Store Customer Service for assistance in such cases (see below).
FOR ASSISTANCE WITH ORDERS - Panelfly STORE CUSTOMER SERVICE
CONTENT USAGE RULES
Your use of any Products purchased from the Panelfly Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
OTHER TERMS AND CONDITIONS
Opsis Distribution is not responsible for typographic errors.
Opsis Distribution reserves the right to change the terms and conditions of sale at the Panelfly Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
All transactions on the Panelfly Store are governed by Opsis Distribution law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Opsis Distribution upon electronic transmission to the recipient.
Last updated: January 6, 2009
Panelfly STORE
TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OPSIS DISTRIBUTION INC. ("OPSIS DISTRIBUTION") STATING THE TERMS THAT GOVERN YOUR USE OF THE Panelfly STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF OPSIS DISTRIBUTION'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND OPSIS DISTRIBUTION. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND OPSIS DISTRIBUTION MAY REFUSE ACCESS TO THE Panelfly STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Panelfly Store Service. Opsis Distribution is the provider of the Panelfly Store (the "Service") that permits you to a license for digital books, under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Opsis Distribution shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub- sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Opsis Distribution does not guarantee their accuracy.
4. System Requirements. Use of the Service requires Internet access (fees may apply and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
5. Policies and Rules. Your use of the Service and transactions made through it are subject to Opsis Distribution's Terms of Sale, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Opsis Distribution's Terms of Sale, you should do so now. Your purchase of software products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
6. Opsis Distribution's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Opsis Distribution's Privacy Policy at http://www.panelfly.com, which is expressly made a part of this Agreement. If you have not already read Opsis Distribution's Privacy Policy, you should do so now.
At all times your information will be treated in accordance with Opsis Distributionís Customer Privacy Policy which can be viewed at: panelfly.com
7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Opsis Distribution may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Opsis Distribution may store and use the Registration Data you provide including credit card for use in maintaining your accounts and billing fees to your credit card.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, will establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Opsis Distribution of any unauthorized use of your Account or any other breach of security. Opsis Distribution shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products transacted through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Opsis Distribution and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Opsis Distribution for compliance purposes, and Opsis Distribution reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Opsis Distribution for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
9. Purchase of Panelfly Content
a. Use of Products. You agree that the Products are provided to you by way of a license only. You acknowledge that contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(iii) You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Opsis Distribution reserves the right to modify the Usage Rules at any time.
(iv) You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Opsis Distribution. Accordingly, in the event that Opsis Distribution changes any part of the Service or discontinues the Service, which Opsis Distribution may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Opsis Distribution shall have no liability to you in such case.
(v) The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Opsis Distribution a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
Opsis Distribution reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
Opsis Distribution has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Opsis Distribution in its sole discretion deems appropriate, including, without limitation.
11. Territory. The Service is available to you only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that Opsis Distribution may use technologies to verify your compliance.
12. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Opsis Distribution may charge your credit card account for any Products purchased and for any additional amounts (including any taxes) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING OPSIS DISTRIBUTION WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Opsis Distribution can verify the validity of the new credit card or account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
13. Delivery of Products.
a. Interrupted Delivery to iPod or iPhone. If delivery of a Product you purchased on an iPod or iPhone is interrupted, your transaction will be included in your download queue. You may resume the delivery to your device by visiting from the Store menu in the Panelfly application.
b. Technical Problems. On occasion, technical problems or file sizes may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Opsis Distribution.
14. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service contains proprietary information and material that is owned by Opsis Distribution and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Opsis Distribution Content or Other Materials. Notwithstanding any other provision of this Agreement, Opsis Distribution and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Opsis Distribution be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Opsis Distribution may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the Panelfly Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Opsis Distribution and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Opsis Distribution, the Opsis Distribution logo, Panelfly, and other Opsis Distribution trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Opsis Distribution Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
15. Termination.
a. Termination by Opsis Distribution. If you fail, or Opsis Distribution suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Opsis Distribution with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Opsis Distribution, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Opsis Distribution reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Opsis Distribution will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws. The Service is controlled and operated by Opsis Distribution from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
17. Enforcement of These Terms. Opsis Distribution reserves the right to takes steps Opsis Distribution believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Opsis Distribution's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Opsis Distribution has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Opsis Distribution believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Opsis Distribution's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Opsis Distribution may provide links to certain third-party Web sites. You acknowledge and agree that Opsis Distribution is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Opsis Distribution does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Opsis Distribution is not in any way responsible for any such use by you.
19. Disclaimer of Warranties; Liability Limitations.
a. OPSIS DISTRIBUTION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME OPSIS DISTRIBUTION MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY OPSIS DISTRIBUTION) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL OPSIS DISTRIBUTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OPSIS DISTRIBUTION'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. OPSIS DISTRIBUTION SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OPSIS DISTRIBUTION HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. OPSIS DISTRIBUTION DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OPSIS DISTRIBUTION DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE Panelfly STORE THAT ARE STORED IN YOUR SYSTEM.
20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD OPSIS DISTRIBUTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY OPSIS DISTRIBUTION AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM OPSIS DISTRIBUTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OPSIS DISTRIBUTION'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes. Opsis Distribution reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Panelfly Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices. Opsis Distribution may send you notice with respect to the Service by sending an email message to the email address listed in your Opsis Distribution Account contact information, by sending a letter via postal mail to the contact address listed in your Opsis Distribution Account contact information, or by a posting on the Panelfly Store. Notices shall become effective immediately.
23. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Opsis Distribution or relating in any way to your use of the Service resides in the courts of the State of New York.
24. Miscellaneous. These Terms of Service constitute the entire agreement between you and Opsis Distribution and govern your use of the Service, superseding any prior agreements between you and Opsis Distribution. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Opsis Distribution's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Opsis Distribution will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Last updated: June 23, 2009