PWM Press provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully.

TERMS AND CONDITIONS OF USE AGREEMENT

This is a legal agreement between you (“You” or “User’) and PWM Press, LLC, a Georgia Corporation (“We”, “Us”, or “Company”) that states the terms, conditions, policies and notices that govern your use of the playingwithmurder.com (hereinafter, the “Site”). By using the Site, you agree to be legally bound by all terms, conditions, policies and notices contained or referenced in this agreement (hereinafter, collectively, the “Agreement”). You and Company may be referred to collectively herein as the “Parties” and individually as a “Party”.

1. GENERAL USE PROVISIONS
1.01 Definitions.
1.02 License and Site Access.
1.03 Ownership.
1.04 Intellectual Property Notices.
1.05 Framing and Metatags.
1.06 Linking.
1.07 Digital Millennium Copyright Act (DMCA) Policy.
1.08 User Representations.
1.10 Disclaimer of Warranties.
1.11 Limitation of Liability.
1.12 Parental Control Protections.
1.13 General Compliance with Laws; Export Restrictions.
1.14 No Responsibility for Third Party Materials or Web sites.
1.15 User Account, Password, and Security.
1.16 User-Supplied Content>
1.17 Takedown of User-Supplied Content
1.18 Changes.
1.19 Miscellaneous.
1.20 Acceptance of Electronic Contract.

2. FINANCIAL TERMS AND CONDITIONS
2.01 Payments.
2.02 Agreement to Pay.
2.03 Refund Policy.
2.04 Currency.
2.05 Stale Checks.

1. GENERAL USE PROVISIONS

1.01 Definitions

  1. “Account Information” shall mean personal information about the User including, but not limited to first name, last name, date of birth, gender, email address, physical billing address, and telephone number.
  2. “Murder Mysteries” shall mean the games and associated instructions, characters, images, illustrations, audio and video clips, links and other content associated with the games.
  3. “Site Content” shall mean all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith.
  4. “User” shall mean any individual, corporation, partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing who uses or accesses the Site.

1.02 License and Site Access
Company grants you a personal, revocable, nontransferable, and non-exclusive license to access and make personal use of the Site and any Murder Mysteries (assuming such Murder Mysteries are purchased pursuant to this Agreement) subject to the following terms and conditions:

  1. You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the Site, Site Content, Account Information, or Murder Mysteries; and
  2. You do not download (other than page caching) or modify the Site, Site Content, Account Information, or Murder Mysteries or any portion thereof, without Company’s express written consent.

This license expressly excludes any resale, commercial use and derivative use of the Site, Site Content, Account Information or Murder Mysteries and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Company’s express written consent. Any such unauthorized use shall result in the immediate and automatic termination of all permission, rights and/or licenses granted to you by Company and may also result in such additional action as Company deems necessary to protect and enforce its legal rights.

1.03 Ownership.

  1. You acknowledge Company retains exclusive ownership of the entire Site, including all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site or associated therewith. All rights reserved.
  2. You also acknowledge Company retains exclusive ownership of all intellectual property rights associated with the Site, Site Content and Murder Mysteries. No portion of the Site may be reprinted, republished, modified or distributed in any form without Company’s express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. Except as expressly provided herein, you are not granted any rights or license to copyrights, trade secrets or trademarks with respect to the Site, Site Content and Murder Mysteries, and Company reserves all rights not expressly granted hereunder.
  3. You shall promptly notify Company in writing upon your discovery of any unauthorized use or infringement of the Site or any Site Content or Company’s copyrights, trade secrets, trademarks or other intellectual property rights. The Site contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
  4. Violations of this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

1.04 Intellectual Property Notices.

  1. Removal of Site Content and Murder Mysteries. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Site Content, Murder Mysteries or other materials comprising a part of the Site that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Site Content, Murder Mysteries or other materials under this Agreement.
  2. Copyrights. All copyrights in and to the Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Site Content and Murder Mysteries are owned by Company and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS ON OR IN CONNECTION WITH THE SITE, SUCH AS PRODUCTS THAT DOWNLOAD THE SITE OR ANY OF THE PAGES OF THE SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE SITE, SITE CONTENT AND MURDER MYSTERIES. REPRODUCTION OR USE OF THE SITE, SITE CONTENT AND MURDER MYSTERIES MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
  3. Trademarks. Playing with Murder, playingwithmurder.com, Murder at Nir Cantina, nircantina.com, The Terrible Castle of Baron Castaign, terriblecastle.com, Set Sail for Disaster, setsailfordisaster.com, PWM Press, pwmpress.com] and other trademarks, service marks, graphics and logos used in connection with the Site are trademarks of Company in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforementioned trademarks or service marks and any unauthorized use is strictly prohibited.

1.05 Framing and Metatags
You may not frame or use framing techniques to enclose any Company trademark, logo, or other proprietary information (including but not limited to images, text, page layout, and form) without Company’s express written consent. You may not use any metatags or any other “hidden text” using Company’s name or trademarks without Company’s express written consent.

1.06 Linking
You are granted a limited, revocable, nonexclusive license to create a hyperlink to Company’s home page, provided that you comply with all of the following:

  1. The link must be a text-only link clearly marked “Playing With Murder” or “playingwithmurder.com”;
  2. The link must “point” to the URL “http:// playingwithmurder.com ” and not to any other page within the Site;
  3. The link, when activated by any user, must display the Site full-screen and not within a “frame” on the linking site;
  4. The link shall not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter;
  5. The link may not use any Company logo or other proprietary graphic or trademark as part of the link without Company’s prior express written permission; and
  6. The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking site. Company reserves the right to revoke our consent to any link at any time in our sole discretion. Any unauthorized activity by you as set forth in this provision shall result in the immediate and automatic termination of your account and all permission, rights and/or licenses granted to you by Company, and may also result in such additional action as Company deems necessary to protect and enforce its legal rights.

1.07 Digital Millennium Copyright Act (DMCA) Policy.
Company has adopted a DMCA Policy pursuant to Section 512 of the Copyright Law of the United States (17 U.S.C. 512). If you believe the Site, Site Content, Murder Mysteries or Account Information, or any portion thereof, on the Site violates any of your exclusive rights under United States copyright law, you must notify our designated agent. Your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. When filing an infringement claim, please include any URLs identifying the allegedly infringing Material along with any other information that might assist our agent’s investigation of your claim.
  8. Company’s designated agent is: Ken Blumreich, 1146 Towne Square Lane, Athens, GA 30607

1.08 User Representations.
By using this Site and accessing Murder Mysteries, you accepting this Agreement and expressly warrant and represent the following to Company:

  1. That all factual assertions you have made and will make to Company are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 14 years of age.
  2. That in providing Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Account Information as required for your use of and access to the Site, as applicable. You agree to sign and deliver to Company any additional documents that Company may request to confirm Company’s rights and your warranties and representations under this Agreement.
  3. You acknowledge that Company is relying upon the representations, warranties and covenants youhave made herein. You agree to and hereby do indemnify Company, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.
  4. All representations, warranties or covenants made herein by you shall survive termination of this Agreement.

1.10 Disclaimer of Warranties.

  1. You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems.
  2. A possibility exists that the Site, Site Content or Murder Mysteries could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Site Content or Murder Mysteries. Company makes no guarantees as to their completeness or correctness. In the event that a situation arises in which the their completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. For copyright infringement claims, see Company’s Digital Millennium Copyright (DMCA) Policy , set forth in Section 1.07 of this Agreement.
  3. The Site and any Service may be discontinued at any time, with or without reason or cause.
  4. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
  5. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
  6. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
  7. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.

1.11 Limitation of Liability.

  1. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “COMPANY”), ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY LINKED SITE, EVEN IF CVOMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  2. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.

1.12 Parental Control Protections. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com/

1.13 General Compliance with Laws; Export Restrictions. The Site is controlled and operated within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Site, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. We reserve the right to limit the availability of the Site and/or Games to any person, geographic area or jurisdiction, at any time and in our sole discretion.

1.14 No Responsibility for Third Party Materials or Web sites. Certain Site Content available via the Site may include materials from third parties. In addition, we may provide links to certain third party Web sites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. We do not warrant or endorse and do 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.

1.15 User Account, Password, and Security.

  1. Account and Password. As a User of the Site, you may receive or establish one or more passwords and accounts when you purchase Murder Mysteries. You are solely responsible for maintaining the confidentiality and security of your passwords and accounts. You may not divulge your password to anyone else or use anyone else’s password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph.
  2. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Site. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Site.

1.16 User-Supplied Content
Company may receive from User various user-supplied content, such as Photographs, Images, Video, Audio or other multi-media content such as audio-visual works, by various electronic file-transfer means, e.g., upload, e-mail, file-sharing or social media postings, as well as in tangible form, e.g., scannable photographs or a digital file stored on portable media. User agrees that any user-supplied media may be distributed for display, at the discretion of the Company, on the Site, via mobile applications (Apps), and via other sites, such as social media networks (e.g., Twitter, Facebook, Instagram, YouTube, Google, blog sites or via other media/social media networks and websites), as well as distribution of the user-supplied content in tangible form, such as printed media handouts and coupons, tradeshow displays or digital files supplied on tangible media distributed for promotion. User also agrees that any user-supplied content may be supplied to Company’s associates for similar display on other sites and mobile applications by Company’s associates. User agrees that such content offered is provided to the Company with or without compensation for the Company’s use. User grants a permanent, irrevocable and non-exclusive LICENSE to the Company when such user-supplied content is provided to the Company, to display, modify and otherwise transform the user-supplied content in conjunction with the above-described distribution of the user-supplied content and to display modified or transformed content on the Site. The LICENSE from the user to the Company shall survive termination of this Agreement or any modification of the terms of this agreement. By providing the user-supplied content to Company, User warrants that any user-supplied content provided by User is the property of User and that User has the authority and permission to provide the user-supplied content for the Company’s use as described above, and that any underlying image rights have been secured by User. User agrees to indemnify and hold harmless Company for any use of the user-supplied content.

1.17 Take-down of User-Supplied Content
Company agrees that within 60 days of receipt of a written notice by User, that Company will cease using user-supplied content that has been provided to Company by User, provided that the written notice supplies: 1) Identification of the User who supplied the content, 2) A description of the specific content to be removed from Company’s website, and 3) A statement of the reason for the request. User acknowledges that the Company may retain an internal record of the user-supplied content and that the Company has no control over distribution to social networks and blog sites in some instances, and that the take-down of user-supplied content shall be limited to take-down of content from the Site. Company assumes no responsibility for assisting in or compensating for take down efforts that extend beyond display of the user-supplied content on the Site.

1.18 Changes.
Company reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions, all of which are hereby incorporated into this Agreement by this reference.

1.19 Miscellaneous.

  1. Your rights under this Agreement are not assignable.
  2. This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for policies and other agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the you and Company relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
  3. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration administered in Fulton County Georgia by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in the Federal and State Courts having jurisdiction in Fulton County Georgia.
  4. This Agreement shall be deemed to have been made in the State of Georgia, and it shall be governed by the substantive laws of the State of Georgia without regard to any applicable conflict of laws provisions. Any jurisdictional, venue or inconvenient forum objections are hereby waived.
  5. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
  6. Each Party hereto agrees to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this Agreement.
  7. Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
  8. No breach of this Agreement by Company shall be deemed material unless the Party alleging such breach shall have given Company written notice of such breach, and Company fails to cure such breach within thirty (30) days after its receipt of such notice.
  9. All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, Ken Blumreich, 1146 Towne Square Lane, Athens, GA 30607.
  10. All notices, statements and other communications required to be sent to you under this Agreement shall be sent by email to the email address in your Account Information.
  11. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  12. Notice for California Users. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice:
    The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The provider of service is Ken Blumreich, 1146 Towne Square Lane, Athens, GA 30607.There is no charge for using the Site, but there is a charge for Murder Mysteries. Charges for Murder Mysteries are available by contacting Company at the above address, Attention: Customer Service.
  13. You agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys’ fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of the terms and conditions of this Agreement, (ii) your use of the Site, and/or (iii) the use of the Site by any other person using your Account Information. Company may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

1.20 Acceptance of Electronic Contract.

You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

2. FINANCIAL TERMS AND CONDITIONS

2.01 Payments. PWM Press accepts all major credit cards: Visa, Mastercard, American Express, and Discover. We also accept payments made through Paypal.

2.02 Agreement to Pay. You agree to pay for all fees and charges incurred under your account or Username. All fees and charges must be paid with a credit or debit card or similar form of payment (a “Card” payment method). You authorize any and all fees and charges incurred under your account to be billed from time to time to your Card account. It is your sole responsibility to advise Company of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems become known to you. Your Card issuer agreement governs the use of your designated Card account in connection with any fee or purchase. You must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a Cardholder.

2.03 Refund Policy. PWM Press does not offer any refunds or exchanges. ALL SALES ARE FINAL.

2.04 Currency. Fees and prices appearing on the Site are based on United States dollars. Payments for any purchase made on or through the Site shall be made to Company in United States dollars.

2.05 Stale Checks. Checks issued by Company to any User, for any purpose, are VOID after 180 days from the date of issue. Users who fail to cash Company-issued checks within such 180-day period will be charged a $25.00 fee for re-depositing funds from the stale check to the User’s account. Users requesting replacement checks will be charged an additional for issuance of the replacement check.