TERMS AND CONDITIONS

Terms of Use Agreement

PRTakeoff.com (“PR Takeoff”) is an Internet website owned and operated by Media Tonic Communications, Inc. (“Media Tonic”), a California corporation. The following are the terms and conditions of the use of our website and the purchase of products or services from or through our website.

  1. Consent to Terms of Use. By visiting our website, you are acknowledging, accepting and agreeing that you have reviewed and understand the Terms of Use Agreement (the “Agreement”) and agree and consent to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should not use this website nor purchase products or services from or through this website.

  2. Agreement. This Agreement may be modified at any time by PR Takeoff upon posting of the modified agreement on our website. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on our website. Each use by you of our website shall constitute and be deemed your unconditional acceptance of this Agreement.

  3. Privacy. Your visit to our website and the information you provide to us in connection with the use of our website and/or the purchase of products or services from or through our website is also governed by our Privacy Policy and such Privacy Policy is considered a part hereof. Please review our Privacy Policy by clicking on the Privacy Policy link on our website’s home page.

  4. Ownership; Proprietary Rights, Copyrights. All content (including but not limited to, text, graphics, logos, icons, audio clips or digital downloads), software and other related items included on or in our website is and shall continue to be the sole and exclusive property of Media Tonic or its content suppliers and is protected under applicable copyright, patent, trademark and other proprietary rights and laws. Any copying, redistribution, use or publication by you of any such content or any part of the website is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of our website. Similarly, all products or services sold from or through our website shall continue to be subject to the copyrights, patents and trademarks and other proprietary rights held and owned by Media Tonic in such products and services and shall continue to be subject to all applicable proprietary laws related thereto.

  5. Intended Audience. This website is designed and intended to provide information and sell products and/or services to persons of the age 18 or older. If you are under 18, you may not use this website and/or purchase products or services from and through this website without the assistance and supervision of a parent or a legal guardian.

  6. Trademarks. PR Takeoff, Media Tonic and other marks are either trademarks or registered trademarks of Media Tonic and may not be used without the express written consent of Media Tonic. Other product and company names mentioned on this website may be trademarks of other respective owners and may not be used without the express written consent of such other owners.

  7. Website Use. PR Takeoff grants you a limited, revocable, nonexclusive license to use this website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the website, reverse engineer or break into our website, or use our materials, products or services in violation of any law. The use of our website is at the discretion of PR Takeoff and PR Takeoff may terminate your use of this website at any time.

  8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of our website. You further agree that information provided by you is truthful, accurate and to the best of your knowledge.

  9. Indemnification. You agree to indemnify, defend and hold PR Takeoff and Media Tonic and our directors, shareholders, officers, employees, agents, attorneys, representatives and affiliates, harmless from any and all liability, loss, claim and/or expense of any kind, including but not limited to reasonable attorneys’ fees, resulting from any claims that you or any third parties assert, or may assert, based on or relating to your violation of this Agreement, your use of our website, the use of your personal information provided to our website or the purchase of products and/or services from our website.

  10. Disclaimer. THIS INFORMATION AND THE PRODUCTS AND SERVICES SOLD ON AND THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS AND PR TAKEOFF AND/OR MEDIA TONIC MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE SUCCESS OR THE ACHIEVEMENT OF ANY PARTICULAR RESULTS FROM YOUR USE OF OUR PRODUCTS OR SERVICES. YOU AGREE THAT USE OF THIS WEBSITE AND THE PURCHASE OF ANY PRODUCTS OR SERVICES FROM OR THROUGH THIS WEBSITE ARE AT YOUR SOLE RISK. PR TAKEOFF WITH RESPECT TO THE INFORMATION ON THIS WEBSITE AND THE PRODUCTS AND SERVICES SOLD ON OR THROUGH THIS WEBSITE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTES OF: MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR EXCLUSIVE REMEDIES RELATING TO YOUR USE OF THIS WEBSITE OR THE PURCHASE OF PRODUCTS OR SERVICES FROM OR THROUGH OUR WEBSITE SHALL BE TO DISCONTINUE USING THIS WEBSITE AND/OR THE COST OF THE PURCHASE PRICE OF ANY PRODUCTS OR SERVICES PURCHASED FROM THIS WEBSITE.

  11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PR TAKEOFF AND/.OR MEDIA TONIC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR USE OF OUR WEBSITE, THE CONTENT ON OUR WEBSITE OR THE PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDIES FOR DISSATISFACTION WITH THIS WEBSITE, THE CONTENT ON OUR WEBSITE OR THE PURCHASE OF THE PRODUCTS OR SERVICES SOLD ON THROUGH OUR WEBSITE IS TO CEASE ALL OF YOUR USE OF THIS WEBSITE AND/OR THE COST OF THE PURCHASE PRICE OF ANY PRODUCTS OR SERVICES PURCHASED FROM THIS WEBSITE.

  12. Use of Information. PR Takeoff reserves the right, and you authorize us, to use all information regarding your use of our website and/or the purchase of products and/or services from our website and all information provided by you to us in any manner consistent with our Privacy Policy.

  13. Termination. PR Takeoff may terminate this Agreement at any time, with or without notice, for any reason whatsoever. PR Takeoff may also terminate the provision of its products or services to any person or user at any time in its sole discretion for any reason, or no reason whatsoever. In the event of the termination of PR Takeoff’s services by PR Takeoff prior to their completion, if any public relations consultation services have been initiated and/or provided to you by PR Takeoff, but in an amount equal to less than half of such fully completed services, as determined by PR Takeoff in its sole discretion, you shall be responsible for payment of at least half of the cost of such services, and if full payment has been made by you for such services, PR Takeoff shall return to you the other half of the cost of such services; however, if PR Takeoff has provided at least half or more of its publicity consultation services to you, as determined by PR Takeoff in its sole discretion, for any particular engagement or matter of retention purchased through our website, and such services have been terminated by PR Takeoff pursuant hereto, you shall be responsible for the full cost of such services and there shall be no refund and/or return of any fees or payments made by you of any kind by PR Takeoff.

  14. Governing Law and Venue. This Agreement and the use of our website and the products and services sold through our website shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws, and not the laws pertaining to conflicts or choice of laws, of the State of California applicable to agreements and transactions made and to be performed wholly within the State of California. The venue for any legal disputes or matters arising out of this Agreement and/or the use of our website and/or regarding the products and/or services sold through our website shall be in Los Angeles County, California.

Assignment. The rights and obligations of PR Takeoff and Media Tonic under this Agreement shall inure to the benefit of PR Takeoff and Media Tonic, its successors and assigns, and shall be binding upon the successors and assigns of Media Tonic. This Agreement, being personal to you, cannot be assigned by you without the prior written consent of Media Tonic. Any purported transfer or assignment of any of the rights or obligations hereunder by you in violation of this Section shall be void and of no force or effect.

Recovery of Litigation Costs. If any legal proceeding is brought arising out of the meaning, effect, performance, enforcement or any other issue arising out of this Agreement, the use of our website or the purchase of products or services from or through our website, the successful or prevailing party shall be entitled to recover his, her or its reasonable attorneys' fees and other costs incurred in such proceeding(s), in addition to any other relief to which he, she or it may be entitled.

Section Headings. The Section headings in this Agreement are included for convenience only, are not a part of this Agreement and shall not be used in construing it.

Severability and Enforceability. In the event that any provision or any part of any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity or enforceability of any other provision or part of this Agreement. If any restriction or provision contained in this Agreement is deemed by a judge or arbitrator to be an unenforceable restriction or provision on either party hereto under the law, then such restriction or provision shall not be rendered void but rather shall be deemed amended to apply to the maximum extent as such judge or arbitrator may determine is legally enforceable.

Surviving Provisions. In the event this Agreement is terminated, the applicable provisions herein regarding ownership and proprietary rights and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and shall continue to be binding on the parties hereto in accordance with their terms and periods of duration.

Force Majeure. PR Takeoff and/or Media Tonic will not be held liable for any delay or failure in performance of any part of this Agreement, the use of our Website or the purchase of products or services from our website from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.

Entire Agreement; Amendment. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof superseding any and all prior agreements, understandings, discussions, negotiations and commitments of any kind. This Agreement may not be amended or supplemented, nor may any rights hereunder be waived, except in a writing signed by each of the parties affected thereby.

Privacy Policy

PRTakeoff.com (“PR Takeoff”) is an Internet website owned and operated by Media Tonic Communications, Inc., a California corporation. The following are the terms and conditions of the Privacy Policy of PR Takeoff in connection with the collection of data associated with our website and how we use such data.

  1. Agreement and Consent to Privacy Policy. Our Privacy Policy is designed to advise you about how we collect, use and protect your personal information and other data collected on our website. By visiting our site, you are acknowledging, accepting and agreeing that you have reviewed and understand this Privacy Policy and agree and consent to its terms.

  2. What Information is Collected By PR Takeoff.

    Information You Provide to Us. We collect any information you enter on our website, or that you give us in any other way. You can choose not to provide certain information, but in so doing you may not be able to take advantage of our services and features.

    Automatic Information. When you visit a website, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit. Our site, like many other sites, records such basic and other similar information about your visits to our site.

    Cookies. Cookies are pieces of information that are transferred to your computer from a web server and are used to assist in the operation of a given website, as well as to gather information about how a website is used by its users. Our site uses cookies to allow us to understand how our users are using the site so that we can more effectively develop information and programs to make the site better and serves you more efficiently.

  3. How and When Information is Used. The privacy and protection of your information is important to us. The information we collect is used for administering our business activities and our website. We do not make any personal information available to third parties except to such parties who help us administer our business and our website or in the event we are required by law to disclose such information. From time to time we will use the information to notify you about changes to our website, new services or special offers. We may transfer your information in the event of a sale of our business to a third party or other similar business transaction.

  4. Intended Audience. This website is designed and intended to provide information and sell products and/or services to persons of the age 18 or older. If you are under 18, you may not use this website without the assistance and supervision of a parent or a legal guardian.

  5. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated. It will be your responsibility to review our Privacy Policy to make sure you are aware of any changes.

  6. Effective Date. This Privacy Policy is effective as of April 1, 2009.

  7. Questions. If you have any questions about our Privacy Policy or would like to review and/or change your personal information that you have provided to us, please contact us by e-mailing us or calling us using the address or phone number at the bottom of our website..