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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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