TERMS OF USE
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.