READ THIS TERMS OF USE AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING WEBSITE.
Effective Date: This Terms of Use Agreement was last updated on January 4, 2010.
This
Terms of Use Agreement or “Agreement” sets forth the standards of use
of this website. By using this website you, a visitor, viewer, user,
subscriber, affiliate, member or customer collectively referred to as
“Visitor(s)” or “visitor(s)” agree to these terms and conditions and
the provisions of the Privacy Policy of this website. The website
and its owners and/or operators will herein be referred to as
“Website.” If you do not agree to the terms and conditions of
this agreement, you should immediately cease any and all usage
(including, but not limited to viewing, visiting, reading or
interacting) of this website and any all of its contents; including,
but not limited to advertisements, pop-ups, downloads, banners or links
of any kind. The Website reserves the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without
prior notice. Modifications shall become effective immediately
upon being posted at this website. Your continued use of this
website after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided
in this paragraph, this Agreement may not be amended.
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING THE VISITOR ACCESS.
VISITORS
MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THIS WEBSITE. IT IS
UNLAWFUL FOR A PERSON UNDER THE AGE OF 18 TO ACCESS, VIEW, READ, OR
INTERACT WITH THIS WEBSITE OR ANY OF ITS CONTENTS IN ANY MANNER.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY PERSON THAT IS COVERED
BY THE CHILD ONLINE PRIVACY ACT (“COPA”) OF 1998.
UNDER THE
TERMS OF THE PRIVACY POLICY, WHICH YOU EXPRESSLY ACCEPT AS A CONDITION
FOR ACCESSING THIS WEBSITE, THE WEBSITE IS ALLOWED TO COLLECT AND STORE
DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
USE OF INFORMATION OF THIS WEBSITE
This website is
providing the Visitor with information in exchange for consideration.
Visitor must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Visitors’s
access to the Internet, and (3) pay any fees relate with such
connection.
Unless the Visitor has entered into an
express written contract with the Website to the contrary, visitors
have no legal rights to use this information in a public or commercial
manner. Visitors have no legal right to broadcast, copy, save,
print, sell or publish any information; including, but not limited to
databases, visible pages, linked pages, underlying code, advertisements
or other intellectual property contained in this website. Visitor
is expressly prohibited from hyperlinking to this website or any of its
contents, co-branding, “framing” and referencing this website or any of
its contents or its URL for any reason. Visitor agrees to
cooperate with Website to remove or de-activate all such references or
links and be liable for any and all damages. By viewing the
contents of this website, the visitor acknowledges this condition and
further acknowledges that any unauthorized use of the information
contained in this website is strictly prohibited and unlawful.
Unauthorized use of the information or advertisements contained in this
website may subject the visitor to civil or criminal penalties, up to
and including an amount of US $100,000 in addition to any costs and
actual damages for breach of any portion of this provision.
Visitor warrants that he or she that accepting this provision as a
condition of viewing this website and viewing this website constitutes
acceptance and acknowledgement of this provision.
OWNERSHIP OF WEBSITE OR RIGHTS TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The
website and its contents are owned or licensed by the Website.
All material contained in the website should be presumed to be
proprietary and copyrighted. Any use of materials on the website,
including reproduction for purposes other than those specifically
noted, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of the Website is strictly
prohibited. Visitors agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written
permission of an authorized officer of the Website.
All
trademarks displayed on this website are the trademarks of their
respective owners, and constitute neither an endorsement nor a
recommendation by the Website. In addition, such use of trademarks or
links to third-party websites is not intended to imply, directly or
indirectly, that those websites endorse or have any affiliation with
the Website.
DISCLAIMER OF WARRANTIES
The website is
provided on an “as is” and on an “as available” basis. To the
fullest extent permitted by applicable law, the Website makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this website in terms of its
correctness, accuracy, reliability, or otherwise. The Website
shall have no liability for any interruptions in the use of this
site. The Website disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is
inapplicable.
LIMITATION OF LIABILITY
THE WEBSITE SHALL
NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE WEBSITE
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR
LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE INFORMATION
CONTAINED IN IT, OR INFORMATION THAT IS DOWNLOADED FROM THIS WEBSITE,
WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE WEBSITE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, WEBSITE SHALL
NOT BE LIABLE FOR ANY DMANAGES WHATSOEVER AS A RESULT OF DAMAGE
RESULTING FROM ANY VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS THAT MAY
BE INADVERTENTLY PASSED TO THE VISITOR’S COMPUTER OR SOFTWARE AS A
RESULT OF INTERACTING WITH THIS WEBSITE OR ANY OF ITS CONTENTS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
INDEMNIFICATION
Visitor
agrees to indemnify and hold the Website, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Visitor’s use of the website, the violation of
this Agreement, or infringement by visitor, or other user of the
website using visitor’s computer, of any intellectual property or any
other right of any person or entity.
MODIFICATIONS AND INTERRUPTION TO WEBSITE CONTENTS
The
Website reserves the right to modify or discontinue this website with
or without notice to the visitor. The Website shall not be liable to
visitor or any third party should the Website exercise its right to
modify or discontinue the website contents. Visitor acknowledges and
accepts that the Website does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or
circumstances outside of the Website’s control.
THIRD-PARTY SITES
Our
website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. Visitor
acknowledges that the Website is not responsible for the availability
of, or the content located on or through, any third-party site.
Visitor should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the
content located on such sites. Visitor’s use of those third-party
sites is subject to the terms of use and privacy policies of each site,
and the Website is not responsible therein. The Website encourages all
visitors to review said privacy policies of third-parties’ sites.
DISCLAIMER REGARDING ACCURACY OF INFORMATION
Certain
product specifications and other information may be contained in this
website. While the Website makes every effort to ensure
that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website.
The Website makes no
warranties or representations whatsoever with regard to any product
provided or offered, and visitor acknowledges that any reliance on
representations and warranties provided shall be at visitor’s own risk.
GOVERNING JURISDICTION OF THE COURTS
This
website is operated and provided in the state of the seller. As
such, the Website is subject to the laws of the state of the seller,
and such laws will govern this Terms of Use, without giving effect to
any choice of law rules. We make no representation that our
website or other services are appropriate, legal or available for use
in other locations. Accordingly, if you choose to access our site
you agree to do so subject to the internal laws of the state of the
seller.
COMPLIANCE WITH LAWS.
Visitor assumes all
knowledge of applicable law and is responsible for compliance with any
such laws. Visitor may not use this website or any of its
contents in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Visitor further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national,
or international law or regulation.
OTHER TERMS
If
any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible
extent. Visitor agrees that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by the Website, in
our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a visitor. Visitor agrees
that by accepting this Terms of Use Agreement, visitor is consenting to
the use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement.
Further, visitor agrees that as a condition of viewing and interacting
with this website, that any communication between visitor and Website
is deemed a submission. All submissions, including any portion
thereof, shall become the exclusive property of the Website and may be
used, without further communication or permission, for commercial use
without any additional consideration of any kind to the visitor.
Visitor acknowledges and agrees to limit the information they
communicate to the Website to only that they wish to allow the Website
the right to forever use as the Website sees fit.
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