LEGAL:
Welcome to The Professional Accounting Society of America (PASA). PASA provides its content to you subject to the following conditions.
By visiting or using PASA, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit PASA or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate with you by e-mail
or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of PASA and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of PASA and protected by U.S. and international copyright laws.
All software used on this site is the property of PASA or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
PASA and other related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of PASA. PASA trademarks and trade dress may not be used in connection with any product or service or in any manner that is likely to cause confusion, or in any manner that disparages or discredits PASA. All other trademarks not owned by PASA that appear on this site are the property of their respective owners.
LICENSE AND SITE ACCESS
PASA grants you a limited license to access and make personal use of this site and not to download (other than ordinary page caching by human visitors) or modify it, or any portion of it, except with express written consent of PASA. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PASA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PASA without express written consent. You may not use any meta tags or any other "hidden text" utilizing the PASA name or trademarks without the express written consent of PASA. Any unauthorized use terminates the permission or license granted by PASA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PASA so long as the link does not portray PASA in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PASA logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you become a member, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PASA reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Members may post articles, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PASA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content in detail.
If you do post content or submit material, and unless we indicate otherwise, you grant PASA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PASA and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PASA or its affiliates for all claims resulting from content you supply. PASA has the right but not the obligation to monitor and edit or remove any activity or content. PASA takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
PASA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PASA ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PASA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PASA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PASA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PASA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting PASA, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PASA.
DISPUTES
Any dispute relating in any way to your visit to PASA shall be submitted to confidential arbitration in Ventura, California except that, to the extent you have in any manner violated or threatened to violate its intellectual property rights, PASA may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to PASA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS PASA
986 Colina Vista
Ventura, CA 93003
http://www.thepasa.org/
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the copyright agent at PASA the written information specified below. Please note that this procedure is exclusively for notifying PASA that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the specific URL;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent of PASA for notice of claims of copyright infringement on its site can be reached as follows:
The PASA
C/O Copyright Agent- Boomer Butler
986 Colina Vista
Ventura, CA 93003
http://www.thepasa.org/
TERMS OF USE
This Terms of Use policy sets forth the "Terms and Conditions" under which You may use the ThePASA.org website. Please read this section carefully. If You do not agree with or accept these Terms of Use, do not use this website or register for ThePASA.org services. By using this website, or by registering as a job seeker or employer, You are indicating Your acceptance to be bound by these Terms of Use.
ThePASA.org is referred to in this document as "ThePASA.org" or as "Company." All individuals or entities accessing this website for any reason are referred to in this document as "You(r)" or "User(s)."
Authorized Use of the Website and Materials-License
The ThePASA.org website may only be used for lawful purposes by persons seeking employment and career information, and by employers seeking employees. You agree to abide by all applicable local, state, national, and international laws and regulations in Your use of the site.
The contents of this website, including but not limited to its "look and feel," text, graphics, images, logos, button icons, and software (collectively referred to as "Material") are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of ThePASA.org or its content suppliers or customers. The collection, arrangement and assembly of all content on this website is exclusively the property of ThePASA.org All Users of the ThePASA.org website are granted a non-exclusive license to view and download and/or print a single copy of the Material, subject to the terms and conditions set forth in this section and solely for Your personal, noncommercial use. Any other use of the Material is unauthorized and may violate copyright, trademark, patent and other laws. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited, unless prior written consent is obtained from ThePASA.org
Prohibited Use of the Website and Related Materials
As a condition of Your use of the ThePASA.org website, Materials, and services, you specifically agree and represent to us that you will not use the site or Materials for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to the following items:
You may not register for or otherwise use the ThePASA.org services unless you are over the age of fifteen.
You may not copy or adapt the HTML code created to generate ThePASA.org's web pages. You may not sell or modify the Material or aggregate, reproduce, display, publicly perform, distribute, or otherwise use the Material on the ThePASA.org website in any way for any public or commercial purpose. The use of the material on any other website, or in a networked computer environment, for any purpose is prohibited without the express prior written consent of ThePASA.org
You may not use the ThePASA.org website to post, disseminate, distribute or store any of the following: material that is copyrighted, unless You own the copyright or have the copyright owner's permission to post it; material that reveals proprietary or trade secret information, unless You own the trade secret or have the owner's permission; material that infringes the intellectual property, privacy or publicity rights of others; material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; material that is sexually-explicit or graphic, including images or statements; material that contains incomplete, false, misleading or inaccurate biographical information; advertisements for third-party job fairs; business advertisements or solicitations that may be characterized as franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangements or other business opportunities or solicitations that require up-front or periodic payments, whose salary is commissions only (unless the job posting makes clear that the pay is commission only and clearly describes the product or service that the job seeker would be selling), or that require recruitment of other members, sub-distributors or sub-agents; material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or chain letters.
Users of the ThePASA.org website agree that they will not engage in any of the following activities: printing out, copying or using any personally identifiable information from job seekers for purposes other than consideration of candidates for potential employment; sending or making of unsolicited e-mail, telephone calls, mailings or other contacts with individuals or entities that have registered on the ThePASA.org website; registering an e-mail address that is not owned by You or that You do not have the express permission of the owner to register; impersonating another individual or entity, including but not limited to ThePASA.org employees, representatives or agents, registered job seekers, employers or schools, or other misrepresentation of affiliation with any person or entity; deleting or revising any material posted by any other person or entity; framing of or linking to any of the Material or information available from the website without permission to do so; responding to any employment opportunity listed on the ThePASA.org website for any reason other than to apply for the job; and solicitation of a registered employer's business by a competitor or for any other purpose.
ThePASA.org reserves the right to terminate the accounts of any registered User of the ThePASA.org website and block access to our site from any individual who violates the provisions of this "Prohibited Use" section.
Work at Home Positions
All "work at home" and/or "home-based" positions must be clearly advertised as such. The job description for any position in which the potential employee, trainee, or contractor is likely to work from home must contain wording that clearly identifies the position as being a "work at home" or "home-based" position or opportunity. Failure to accurately identify a position as such will result in the removal of the offending company's job postings from the ThePASA.org website, and the offending company may be prohibited from accessing the ThePASA.org website.
Positions Requiring an Up Front Fee
All positions which require the potential employee, trainee, or contractor to pay an up front fee in order to apply, become trained, or obtain materials necessary for the advertised position must clearly identify in the job description the existence and nature of this fee. For example, "All applicants will be charged a fee to cover the costs of books and training materials for this position." Failure to accurately disclose the existence and nature of an upfront fee will result in the removal of the offending company's job postings from the ThePASA.org website, and the offending company may be prohibited from accessing the ThePASA.org website.
Advertising Multiple Job Openings on One Job Posting
ThePASA.org only allows the advertising of one open employment position per job posting. If you have multiple open positions that you wish to advertise, you must use a unique job posting for each of those open positions. For example, it is not acceptable to submit a single job posting that advertises both an "inside sales rep" position and an "accounts receivable" position. Job postings that advertise more than one open position will be removed from the ThePASA.org website.
If you are hiring multiple people for the same position, this may be referenced in your job posting. For example, it is acceptable to state that you "have openings for 4 inside sales reps."
ThePASA.org Site and Network Security Policies
Specifically prohibited are the following practices: allowing others not so authorized to use your password to access non-public areas of this website, disclosing to or sharing Your password with any third parties or using Your password for any unauthorized purpose; sending unsolicited e-mail, including promotions and/or advertising of products or services to Users of the ThePASA.org website; using any device, software or routine to interfere or attempt to interfere with the proper working of the ThePASA.org website or any activity conducted on the site including, without limitation, by virus submission, overloading, "flooding," "spamming," "mailbombing," "crashing" or other activities that impose an unreasonable or disproportionately large load on the website's infrastructure; accessing or intentionally attempting to access data not authorized for the particular User or logging into a server or account which the User is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior written authorization; forging any TCP/IP packet header or any part of the header information in any e-mail; using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from ThePASA.org on this website and other than generally available third party web browsers (for example, Netscape Navigator or Microsoft Explorer); or attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
Violations of the security policies of this website may result in civil or criminal liability. ThePASA.org will investigate occurrences that may involve security violations and may report such violations to law enforcement authorities and cooperate with them in prosecuting individuals who are involved in such violations.
Your Password, Personal Information, Content and Communications
You are responsible for maintaining the confidentiality of Your password and all uses of Your password, whether or not authorized by You. You agree to immediately notify ThePASA.org of any unauthorized use of Your password. You are responsible for any and all damages to ThePASA.org resulting from the unauthorized use or distribution of Your password.
When You register for some of the services on the ThePASA.org website, You must provide the Company with certain information. Please refer to the ThePASA.org Privacy Policy (which is fully incorporated by reference into these Terms of Use) for information on how we gather, use and protect your personal information.
As a User of the site, You are solely responsible for the form, content and accuracy of Your own communications and are responsible for any consequences of their posting. ThePASA.org may take any action with respect to User-submitted information that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for ThePASA.org or may cause ThePASA.org to lose (in whole or in part) the services of its ISPs or other suppliers or business partners.
By submitting content to any public or non-public area of the website, including message boards, forums, contests and chat events, You grant ThePASA.org and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that any other holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any ThePASA.org subscriber to access, display, view, store and reproduce such content. Subject to the foregoing, You retain any and all rights that may exist in such content.
Other User Submissions
ThePASA.org does not represent, warrant, or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of communications posted by Users of this site, nor does it endorse any opinions expressed by Users. You agree that if you rely on material posted by other Users, You do so at Your own risk.
ThePASA.org has no obligation to, nor does it, review or screen all communications and materials posted on the website or sent to Users through the site, and it is not responsible for screening or monitoring material posted or sent by Users. ThePASA.org is not responsible for the content of these communications and materials, the postings of job-seekers, their subsequent conduct, or the hiring, recruiting, or other practices of registered employers. If a User observes communications which it believes do not conform to these Terms of Use and so notifies us, ThePASA.org may investigate the communication and determine, in good faith and in its sole discretion, whether to remove or request the removal of the communication, although the Company has no liability or responsibility to Users for performance or nonperformance of such activities.
ThePASA.org has no involvement in any transactions between the registered job seekers and employers of the ThePASA.org website; accordingly it has no control over the quality, safety or legality of the jobs or profiles posted; the truth, accuracy, or completeness of the listings; the ability of an employer to offer job opportunities to a job seeker; or the ability of a job seeker to fill a posted job opportunity. As with any activity conducted on the Internet, there are risks, including but not limited to the risk of physical harm, when dealing with individuals or entities unknown to You. Users assume all risks associated with any contact or communication with other Users of the ThePASA.org website and Materials.
ThePASA.org reserves the right to block or remove communications or materials that it determines, in its sole discretion, are: abusive, libelous, defamatory or obscene; fraudulent, deceptive, or misleading; violative of a copyright, trademark, or other intellectual property right of another; or offensive or otherwise unacceptable to the Company.
User authentication on the Internet is difficult, and ThePASA.org cannot and does not confirm that Users of the ThePASA.org website are truthful about their identities. Because we do not and cannot be involved in User-to-User dealings or control the conduct of our Users, in the event that You have a claim or dispute against or with one or more Users, You release ThePASA.org (and our agents, officers and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dealings, conduct, claims or disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Warranty Disclaimers
THEPASA.ORG DOES NOT WARRANT THAT ITS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL RESULTS IN LOSS TO EQUIPMENT OR DATA, THEPASA.ORG IS NOT RESPONSIBLE FOR SUCH LOSS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE WILL BE FREE OF INTERRUPTION.
THIS WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THEPASA.ORG, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THEPASA.ORG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS COMPRISING THIS WEBSITE. THE COMPANY MAKES NO WARRANTY THAT THIS WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.
THEPASA.ORG CONDUCTS NO INVESTIGATION AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MATERIAL POSTED ON ITS WEBSITE BY USERS, WHETHER JOB-SEEKERS, EMPLOYERS, SCHOOLS OR OTHERS. THE THEPASA.ORG SITE IS MERELY A FORUM IN WHICH THESE POSTINGS MAY TAKE PLACE. USE OF OR RELIANCE ON THE MATERIAL IS MADE AT THE USER'S OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME.
THEPASA.ORG DOES NOT WARRANT OR GUARANTEE THAT A RESUME OR JOB POSTING WILL BE VIEWED BY ANY SPECIFIC NUMBER OF USERS, OR THAT IT WILL BE VIEWED BY ANY USER.
Limitation of Liability
In addition to other provisions in these Terms of Use wherein ThePASA.org has stated that it is not responsible for certain acts or omissions, or that the User has sole responsibility for such acts or omissions, the Company makes further limitation of its liability as follows.
ThePASA.org shall not be deemed or considered to be an employer with respect to Your use of this website and ThePASA.org shall not be responsible for any employment decisions, for whatever reason made, by any employer posting jobs or candidate profiles on this site. You agree that any employment or other relationship You form or attempt to form with an employer who lists jobs on the website is between You and that employer alone, and not with ThePASA.org
This website may include links to advertisers' and other third parties' websites; however, ThePASA.org has made no independent inquiry into the products and services advertised on its site and makes no representations regarding the performance or quality of any product or service found at any third party site. Neither these sites nor the companies to whom they belong are controlled by ThePASA.org The inclusion of any link on the ThePASA.org website does not imply the Company's endorsement of the contents of these third party websites or the products or services offered at the site. Third party sites will usually have their own terms and conditions for use, including privacy policies, over which ThePASA.org has no control and which will govern your rights and obligations with respect to the use of those sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings, are solely between you and such advertiser. You agree that ThePASA.org is not responsible or liable for any loss or damage of any sort that is incurred as the result of any such dealings or as the result of the presence of advertisers on this site.
THEPASA.ORG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO ANY PRODUCT OR SERVICE ACCESSED OR PURCHASED FROM AN ADVERTISER OR OTHER THIRD PARTY WEBSITE LINKED THROUGH THE ThePASA.org WEBSITE.
IN NO EVENT SHALL THEPASA.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOST PROFITS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR LOSS OF TIME, MONEY OR GOODWILL) RESULTING FROM OR RELATING TO THE ThePASA.org WEBSITE OR MATERIALS, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE ThePASA.org WEBSITE OR MATERIALS; ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY MATERIAL POSTED ON THE SITE; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEPASA.ORG IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THEPASA.ORG'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THE WEBSITE OR MATERIALS IS LIMITED TO $100.00. IN NO EVENT SHALL ANY OF THESE INDIVIDUALS OR ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THIS AMOUNT.
NOTWITHSTANDING THE FOREGOING PARAGRAPHS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR ANY EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF THEPASA.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100.00. IN NO EVENT SHALL ANY OF THESE INDIVIDUALS OR ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THIS AMOUNT.
Indemnity
You agree to defend, indemnify, and hold harmless ThePASA.org, its officers, directors, employees and agents, from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of these Terms of Use or any activity related to use of the ThePASA.org website or Materials (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by You or any other person accessing the site using Your User name and password. ThePASA.org will promptly provide You notice of any such claim, suit, or proceeding and shall assist You, at Your expense, in defending any such claim, suit or proceeding.
Termination
ThePASA.org reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your information from its website and immediate termination of Your registration with or ability to access the site and/or any other service provided by the ThePASA.org website, upon Your breach of these Terms of Use or if ThePASA.org is unable to verify or authenticate any information You submit to its website.
Additional Terms
You agree not to resell or assign Your rights or obligations under these Terms of Use.
ThePASA.org may be required to temporarily or permanently modify or discontinue this website, at its sole discretion, and may not be able to provide its Users with prior notice of such modification or discontinuation.
The product pricing on the ThePASA.org website is subject to change at any time, without prior notice.
ThePASA.org makes no claim that this website or Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If You access the website or Materials from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms of Use are governed by the laws of the State of California, without regard to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within San Mateo, California. If any action in law or in equity is necessary in order for ThePASA.org to enforce these Terms of Use, ThePASA.org will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses, in addition to any other relief to which it may be entitled.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in any additional terms of use for areas of the website, a particular "Legal Notice," or Software License, or material on particular web pages, these Terms of Use constitute the entire agreement between You and ThePASA.org with respect to the use of its website and Materials.
ThePASA.org may revise these Terms of Use at any time at its sole discretion by updating this posting. You should visit these pages periodically to review the Terms of Use, because they are binding on You. No changes to these Terms of Use shall be made, except by a revised posting on these pages.
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