TERMS
OF USE
THE
FOLLOWING IS VERY IMPORTANT -- PLEASE READ BEFORE ACCESSING
SITE
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF
ALLOWING YOU ACCESS.
READING
AND ACCEPTING THE FOLLOWING TERMS OF USE AND READING AND
ACCEPTING THE COMPLETE PROVISIONS OF THE PRIVACY POLICY OF THIS
WEBSITE ARE REQUIRED CONSIDERATIONS FOR THIS WEBSITE GRANTING
YOU PERMISSION TO VISIT, READ, CONTACT, OR INTERACT WITH IT IN
ANY WAY.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT IN FULL AND WITHOUT AMENDMENT THE TERMS OF USE AND THE
PRIVACY POLICY.
BY
VISITING, VIEWING, USING, CONTACTING, OR IN ANY OTHER WAY
INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR
ANY OTHER TYPE OF ADVERTISING THAT APPEARS ON IT, YOU ARE
AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND
THE PRIVACY POLICY OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. THERE ARE NO EXCEPTIONS TO THIS. IF YOU ARE UNDER
18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY WAY.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL OR
INDIVIDUALS THAT ARE COVERED BY THE CHILD ONLINE PRIVACY ACT
(COPA) OF 1998.
THE
TERMS OF USE AGREEMENT MAY CHANGE OCCASIONALLY. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF
ANY SUCH CHANGES.
UNDER
THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND
STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR
MANY OTHER USES.
THIS
WEBSITE ALSO RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON AT THE WEBSITE'S SOLE
DISCRESSION.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are
parties to this agreement. The website and its owners
and/or operators are parties to this agreement, herein referred
to as "Website."
USE
OF INFORMATION FROM THIS WEBSITE
Unless
you have entered into an express written contract with this
website to the contrary, visitors, viewers, subscribers,
members, affiliates, or customers have no right to use this
information in a commercial or public setting; they have no
right to broadcast it, copy it, save it, print it, sell it, or
publish any portions of the content of this website. By
viewing the contents of this website you agree this condition
of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal
penalties. Again, Visitor has no rights whatsoever to use
the content of, or portions thereof, including its databases,
invisible pages, linked pages, underlying code, or other
intellectual property the site may contain, for any reason for
any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition to
costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting this
provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP
OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE
The
website and its contents are owned or licensed by the
website. Material contained on the website must be
presumed to be proprietary and copyrighted. Visitors have
no rights whatsoever in the site content. Use of website
content for any reason is unlawful unless it is done with
express contract or permission of the website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE
PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this
site, or portions thereof, (including, but not limited to,
logotypes, trademarks, branding or copyrighted material) to
theirs for any reason. Further, you are not allowed to
reference the url (website address) of this website in any
commercial or non-commercial media without express permission,
nor are you allowed to 'frame' the site. You specifically
agree to cooperate with the Website to remove or de-activate
any such activities and be liable for all damages. You
hereby agree to liquidated damages of US$100,000.00 plus costs
and actual damages for violating this provision.
DISCLAIMER
FOR CONTENTS OF SITE
The
website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume all the risk of
viewing, reading, using, or relying upon this
information. Unless you have otherwise formed an express
contract to the contrary with the website, you have no right to
rely on any information contained herein as accurate. The
website makes no such warranty.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk.
Website makes no warranty that downloads are free of corrupting
computer codes, including, but not limited to, viruses,
trojans, and worms.
DISCLAIMER
FOR ANY HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES
ALL RISK OF VIRUSES, TROJANS, WORMS, OR OTHER CORRUPTING
FACTORS.
The
website assumes absolutely no responsibility for any damage to
computers or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data
that is inadvertently passed to the visitor's computer.
Again, visitor views and interacts with this site, or banners
or pop-ups or advertising displayed thereon, at his own
risk.
LIMITATION
OF LIABILITY
By
viewing, using, or interacting in any manner with this site,
including banners, advertising, pop-ups, or downloads, and as a
condition of the website to allow his lawful viewing, Visitor
forever waives all right to claims of damage of any and all
description based on any causal factor resulting in any
possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the Website is
required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
SUBMISSIONS
Visitor
agrees as a condition of viewing this website, that any and all
communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the Website
and may be used, without further permission, for commercial use
without additional consideration of any kind. Visitor
agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is also a provision
of the Privacy Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the
consideration that the Website requires for viewing, using or
interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of
any kind (whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use
issues.
Arbitration
shall be conducted pursuant to the rules of the American
Arbitration Association which are in effect on the date a
dispute is submitted to the American Arbitration
Association. Information about the American Arbitration
Association, its rules, and its forms are available from the
American Arbitration Association, 335 Madison Avenue, Floor 10,
New York, New York, 10017-4605. Hearing will take place
in the city or county of the Seller.
In no case
shall the viewer, visitor, member,
subscriber or customer have the right to go to court or
have a jury trial. Viewer, visitor, member, subscriber or
customer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any
class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and
binding with limited rights of appeal.
The prevailing
party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter
concerning this purchase shall be brought before a court of
law, pre- or post-arbitration, Viewer, visitor, member,
subscriber or customer agrees to that the sole and proper
jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified.
Los Angeles, Los Angeles County, California. In the event
that litigation is in a federal court, the proper court shall
be the closest federal court to the Seller's
address.
APPLICABLE
LAW
Viewer,
visitor, member, subscriber, or customer agrees that the
applicable law to be applied shall, in all cases, be that of
the state of the Seller.
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