Pagani Design

#Terms & Conditions

Terms & Conditions

Last Modified 15.10-2020

Welcome to Pagani Design!

These terms and conditions outline the rules and regulations for the use of Pagani Design‘s Website, located at https://www.pagani.design/.

By accessing this website, creating an account via the Service (“Account”) or clicking to accept or agree to these Terms and Conditions of Use when this option is made available to you, we assume you accept these terms and conditions. Do not continue to use Pagani Design if you do not agree to take all of the terms and conditions stated on this page.

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PAGANI.DESIGN IS NOT AFFILIATED WITH ANY STATE LOTTERY OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS OR USE THE SERVICE. 

Cookies

We employ the use of cookies. By accessing Pagani Design, you agreed to use cookies in agreement with the Pagani Design‘s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. 

iFrames

Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. 

Registration to Lottery

You may only use the Services if You comply with all of the following:

  • You are at least eighteen (18) years old or of legal age as determined by the laws of the country where You live (whichever is higher); in this respect, we wishes to draw Your attention to the fact that underage gambling is an offence;
  • You are the owner of a valid payment method (or authorized to use a valid payment method by the owner of that valid payment method);
  • You do not violate any law or regulation as a result of using the Services. In this context, You agree that if You reside or are present in any jurisdiction that prohibits using the Services offered at the Site (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity.
  • You are not a player or otherwise have any connection or can have any influence over an Event and/or any outcome of a Bet;
  • You shall be solely responsible for determining whether Your use of the Site and/or Services is legal in the place where You live and/or use the Site and/or Services.
  • For the sake of good order it is clarified that any person who is not entitled to participate as aforesaid – as well as any other person who substitutes such excluded person – is also not entitled to any of the prizes afforded or referred to by the Site, and the Company reserves the right to suspend the Account (including freezing all funds deposited within) and void all bonuses, winnings and bonus winnings in the Account. 

Lottery Tickets

Tickets will be secured by Pagani Design and will not be distributed. Tickets for a Lottery drawing must be purchased by the posted ticket purchase cut-off time prior to the respective drawing. We endeavors to make every reasonable effort to acquire tickets in satisfaction of each registered user’s request. If, however, tickets cannot be acquired for any reason, including, but not limited to, ticket cut-off time, severe weather, power outages, or other issue outside of the direct control of Pagani Design, we will purchase tickets for the next available drawing and notify the affected registered user that their tickets were not acquired for the respective drawing.

The tickets will be processed and posted allowing users to view their ticket numbers online and by email. Pagani Design will record the winning numbers for the corresponding Lottery drawings. In the event incorrect information is sent to a user, the user shall not be entitled to any claim based on the receipt of this information. You agree to immediately notify the us upon receipt of erroneous information and hereby waive any claim against Pagani Design for the receipt of such erroneous information.

Lottery tickets are purchased in person at pagani.design website. Pagani.design website will not receive a share in any individual ticket or tickets owned by a user or any lotto account created on the Service. All purchases are void where prohibited by law.

Winnings

All Lottery winnings are settled according to the rules and regulations of the jurisdiction where the lottery ticket was purchased. We will attempt to inform you of any winnings you may be entitled to and, you will be notified of your options to redeem your lottery winnings.

If your individual winnings or Group Play winnings equal or exceed any applicable state specified prize claim threshold,we may forward you an official Lottery claim form, which you will be required to fill out, sign, and return to Pagani Design to facilitate the collection of the respective winnings on your or your group’s behalf.

International Prize Collection

If you do not reside in the country where the lottery is operated and a prize can not be shipped by air or any other freight, you then acknowledge that you may need to travel to the Territory to personally collect your prize, as facilitated by pagani.design website. Pagani.design website agrees to pay the associated travel costs, including flights and accommodations.

If you travel to collect your prize, then you agree that you remain solely responsible and liable for, and shall: (i) obtain all necessary passports, visas, and permits that are necessary to enter the country; (ii) secure travel insurance (which must cover you for medical, personal injury and property claims); (iii) obtain all required medical inoculations, approvals and/or consents; and (iv) comply with any Lottery Operator Rules that require the completion and submission of specific forms, paperwork or documentation prior to collecting your prize with the assistance of pagani.design website. You acknowledge that your failure to fulfill any of these requirements may preclude you from collecting your prize. You undertake and agree that the travel is entirely at your own risk. You hereby waive any legal or equitable claims, rights or remedies you may have against pagani.design website with respect to:
(a) any travel-related incidents, injuries, illnesses, or losses that you may suffer or incur; and
(b) your failure to obtain or comply with the above requirements, including if you are unable to collect your prize as a result.

Alternatively, you may opt to give pagani.design website Power of Attorney to collect the prize on your behalf. 

Customer Support

You may contact us in connection with anything related to the Site and/or the Services at any time via our customer support, which is available at support@pagani.design
Any communication with our customer support will be handled in the utmost care and without any delay by our customer support representatives and will be escalated to the relevant people where necessary.
We will not tolerate any abusive behavior exhibited by You towards the Pagani Design’s employees. In the event that any of our  employees, at its sole and absolute discretion, deems that Your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Pagani Design’s employees, we may, at its sole discretion, suspend Your Account (including freezing all funds deposited within) and void all bonuses, winnings and bonus winnings in Your Account. 

No Transfer

Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the legal age to use the Service, to use or re-use your Account in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Service and for any use of your payment instrument by any other person or third party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. Pagani Design will not be liable for any loss that you may incur as a result of someone else using your Account. 

Unsubscribe

To unsubscribe from the Service and/or cancel your Account, you will need to email your request to support@pagani.design. If you unsubscribe, your Account will be cashed out and terminated. 

Lottery Ticket Agreement

As a registered user of the Service, you acknowledge and agree to each of the following:

You are participating as a sole ticket holder independently at your own discretion. You agree to designate Pagani Design as your designated messenger and representative and to authorize Pagani Design to act on your behalf to purchase and store your Lottery tickets, collect winnings and place your proportional share of any winnings into your user Account on the Service.

You recognize that the payment of Lottery prizes is pursuant to state law and Lottery regulations. 

Individual User Commitments

Once a ticket (or tickets) has been committed, you cannot terminate your Account until the drawing for which you are committed has occurred. In addition, once a ticket (or tickets) has been committed, you cannot return, exchange, modify or remove your ticket. If a drawing is missed or rescheduled by the state, we will conform to this change by entering the next drawing available. 

Payment Failure

If your payment is declined, you will be notified in the application and contacted by phone or email. We may restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Payment fails, you will need to replenish your account with another payment method. In the event any payment is not made, no tickets will be purchased on your behalf without payment made in advance. You may also be assessed a payment failure charge for the declined purchase. 

Changing Payment

If you would like to change your Payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must change the account number in the settings section of the Service. 

Trademarks

Pagani Design name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Pagani Design or its affiliates or licensors. You must not use such marks without the prior written permission of Pagani Design. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

Registration Information

To register for an Account, visit pagani.design/my-account to complete the online registration process. You will be required to (i) submit your first and last name and other details as requested including, but not limited to, your phone number, date of birth, your email address, your residential address, and your payment information.

You agree to (i) provide true, accurate, current and complete information about yourself (the “Registration Data”) as prompted by the Service’s online registration form and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In addition, you agree that the Company may contact you via mail, email or phone to verify your Account information, update group information or provide responses to your requests. You may modify your registration data by logging into your Account and making such changes. For further assistance, please contact customer service at support@pagani.design. Any information collected by Pagani Design will be held subject to its Privacy Policy, available at pagani.design/privacy-policy/ and provided at the point of information collection or use. If we cannot contact you within thirty (30) days or if you provide any information that is untrue, inaccurate, not current or incomplete, or Pagani Design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pagani Design reserves the right to suspend or terminate your Account immediately, withhold your Account balance and refuse any and all current or future use of the Service (or any portion thereof). 

License

Unless otherwise stated, Pagani Design and/or its licencors own the intellectual property rights for all material on Pagani Design. All intellectual property rights are reserved. You may access this from Pagani Design for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Pagani Design
  • Sell, rent or sub-license material from Pagani Design
  • Reproduce, duplicate or copy material from Pagani Design
  • Redistribute content from Pagani Design

 

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Pagani Design does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Pagani Design,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Pagani Design shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Pagani Design reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Pagani Design a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. 

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Pagani Design does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Pagani Design,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Pagani Design shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Pagani Design reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Pagani Design a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Pagani Design; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Pagani Design. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

 

No use of Pagani Design’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Changes to the Terms and Conditions of Use

We reserve the right to change these Terms and Conditions of Use at any time without prior notice to you. If these Terms and Conditions of Use are modified, we will update the “Last Modified Date” and such changes will be effective upon posting. If we make what we determine to be material changes to these Terms and Conditions of Use, we will notify you by prominently posting a notice or by sending a notice to the email addresses on file. It is your obligation to provide us with notice of any change to your email address by sending us notice immediately to support@pagani-design. Your continued use of the Service following such material changes requires your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Service and provide written notice of same to support@pagani.design. We will automatically delete your Account and return any funds remaining in your Account, unless you instruct us otherwise. You are expected to check this page each time you access this Service so you are aware of any changes, as they are binding on you. 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. 

Governing Law and Dispute Resolution

All matters relating to Pagani Design, the Service, these Terms and Conditions of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Malta without giving effect to any choice or conflict of law provision or rule. 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Tax Obligation

You acknowledge that you are responsible to report your income and pay any taxes due to the appropriate federal, state and local authorities in the country you reside. You further acknowledge that an applicable Lottery organization may retain a portion of your winnings and forward it to the appropriate taxing authority on your behalf. 

Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of the Internet or other networks (each, a “Force Majeure Event”). 

Privacy Notice

These Terms and Conditions of Use, our Privacy Policy and any applicable Limited Power of Attorney constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Nothing in the Terms and Conditions of Use, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary. 

Language Discrepancies

The Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms and Conditions and the English language version, the meaning of the English language version shall prevail.

Pagani Design Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Pagani Design Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Pagani Design reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Pagani Design cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Pagani Design product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Pagani Design. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Pagani Design. You must ensure that each of the links between your site and the Pagani Design properly utilizes such special link formats. Links to the Pagani Design placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Pagani Design product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.pagani.design and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments will be done at the end of every month and only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Pagani Design Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Pagani Design or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.pagani.design, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Pagani Design reserves the right to end the Program at any time. Upon program termination, Pagani Design will pay any outstanding earnings accrued above $20.

Termination

Pagani Design, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Pagani Design service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Pagani Design reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Pagani Design will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. 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.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Pagani Design to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pagani Design and govern your use of the Service, superceding any prior agreements between you and Pagani Design (including, but not limited to, any prior versions of the Terms of Service).