Terms of Use
PLEASE READ THIS WEBSITE REQUIRES CONSIDERATION FOR AND
AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR
INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT
THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH
ANY BANNER, POP-UP, OR 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. 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 MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE
CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER
FOR ANY REASON. 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.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE
AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW
THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
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 the all 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 TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for 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.
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 and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site,
including banners, advertising, or pop-ups, 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, that any 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. 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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