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THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU
ACCESS.
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.
HYPER-LINKING 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.
All
other trademarks
(including, but not limited to, logotypes, trademarks or branding) are
the property of their respective owners.
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 their 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 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 Website owner unless
otherwise here specified.
APPLICABLE LAW
Viewer,
visitor,
member, subscriber or customer agrees that the applicable law to be
applied shall, in all cases, be that of the country and state of the
Seller.
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