By using and/or accessing the Site, you are agreeing to comply with and be
bound by the following Terms and Conditions (the “Agreement”).
Please review the following terms of this Agreement carefully. If you do not
agree to this Agreement in its entirety, you are not authorized to use this
Site in any manner or form.
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Acceptance of Agreement. You agree to the terms and conditions outlined
in this Agreement with respect to your use of the Site. This Agreement, together
with the Site Privacy Policy, constitute the entire and only agreement between
you and this site with respect to your use of the Site, and supersede all prior
or contemporaneous agreements, representations, warranties and/or understandings
with respect to the Site. We may amend this Agreement from time to time in our
sole discretion, without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using the
Site. By your continued use of the Site, you hereby agree to all the terms and
conditions contained within the Agreement effective at that time. Therefore,
you should regularly check this page for updates and/or changes.
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Requirements. The Site is available only to individuals who can enter into
legally binding contracts under applicable law. The Site is not intended for
use by individuals under eighteen (18) years of age. If you are under eighteen
(18) years of age and/or not a citizen of the United States, you do not have
permission to use and/or access the Site.
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License Grant. As a user of this Site, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the Site and
associated Site content in accordance with this Agreement. We may terminate
this license at any time for any reason. You may use the Site on one computer
for your own personal, non-commercial use. No part of the Site may be reproduced
in any form or incorporated into any information retrieval system, electronic
or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, reverse engineer or transfer the Site, Site content
or any portion thereof. We reserves any rights not explicitly granted in this
Agreement. You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site. You may not take any action
that imposes an unreasonable or disproportionately large load on the sites infrastructure.
Your right to use the Site is not transferable.
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Proprietary Rights. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion, software, services and other matters
related to the Site are protected under applicable copyrights, trademarks and
other proprietary (including, but not limited to, intellectual property) rights.
The copying, redistribution or publication by you of any part of the Site is
strictly prohibited. You do not acquire ownership rights to any content, document,
software, services or other materials viewed at or through the Site. The posting
of information or material at the Site does not constitute a waiver of any right
in such information and/or materials.
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Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit and/or delete any documents, information or other content appearing
on the Site.
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Indemnification. You agree to indemnify and hold the site, its parents,
subsidiaries and affiliates, and each of their respective members, officers,
directors, employees and agents, harmless from and against any and all claims,
expenses (including reasonable attorneys’ fees, costs and settlement
costs), damages, suits, costs, demands and/or judgments whatsoever, made by
any third party due to or arising out of or in connection with: (a) your use
of the Site; (b) your breach of this Agreement; © your violation of any
rights of another individual and/or entity; and/or (d) your use of any products
and/or services provided from an Service Provider Affiliate. The provisions
of this paragraph are for the benefit of this site, its parent, subsidiaries
and affiliates, and each of their respective officers, directors, employees,
agents, shareholders, licensors, suppliers and attorneys. Each of these individuals
and entities shall have the right to assert and enforce these provisions directly
against you on its own behalf.
- Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT
YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDER AFFILIATES ARE PROVIDED TO
YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, this
site MAKES NO WARRANTY THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED
BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE
AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND © THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT
BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED
WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM this site, ONE OF ITS SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM
THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT this site
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF this site HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO
THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE
AN SERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE
SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE PROVIDER
AFFILIATE SITE; AND © ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SITE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE
this site FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION,
THE MAXIMUM LIABILITY OF this site TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL
BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR this sites SERVICE PROVIDER AFFILIATE
PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE this site FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS
OF THE BARGAIN BETWEEN YOU AND this site. THIS SITE AND THE PRODUCTS AND SERVICES
AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
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Service Provider AffiliateWebsites. The Site provides links to Service
Provider Affiliate and other third party Internet websites and/or resources.
Because this site has no control over such websites and/or resources, you hereby
acknowledge and agree that this site is not responsible for the availability
of such websites and/or resources. Furthermore, this site does not endorse,
and is not responsible or liable for, any terms and conditions, privacy policies,
content, advertising, services, products and/or other materials at or available
from such Service Provider Affiliate and/or other third party websites or resources,
or for any damages and/or losses arising therefrom.
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Legal Warning. Any attempt by any individual, whether or not an customer,
to damage, destroy, tamper with, vandalize and/or otherwise interfere with the
operation of this Site, is a violation of criminal and civil law and this site
will diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible at law and in equity.
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Miscellaneous. This Agreement shall be treated as though it were executed
and performed in Los Angeles, California and shall be governed by and construed
in accordance with the laws of the State of California (without regard to its
conflict of law principles). Should a dispute arise concerning the terms and
conditions of this Agreement, or the breach of same by either party hereto,
the parties agree to submit their dispute for resolution by arbitration before
the American Arbitration Association in Los Angeles, in accordance with the
then current Commercial Arbitration Rules of the American Arbitration Association.
Any award rendered shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction. Nothing herein
shall be construed to preclude any party from seeking injunctive relief in order
to protect its rights pending an outcome in arbitration. Should any part of
this Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. This Agreement is personal between you and this site and governs
your use of the Site and/or any service, superseding any and all prior and/or
contemporaneous agreements between you and this site. To the extent that anything
in or associated with the Site and/or any service is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. The parties do not intend that any
agency or partnership relationship be created through operation of this Agreement.
AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE
OF THE THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN
(18) YEARS OF AGE.
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