Terms
of Service
THIS
IS IMPORTANT -- PLEASE READ
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.
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.
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.
GUARANTEE
AND WARRANTY
This
product or service is sold 'as
is' without warranty or guarantee of any kind, either express or
implied,
including no warranty as to merchantability or fitness for a particular
purpose
unless stated otherwise in writing.
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 International Centre
for
Dispute Resolution (ICDR). Information about the International Centre
for
Dispute Resolution (ICDR). 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.
CONTACT
INFORMATION
If
there are any questions regarding
these policies you may contact us using the information below.