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 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 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, 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, 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
the use of this Website, including solicitation issues, privacy issues,
and terms of use issues.
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 site 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.
