THIS IS IMPORTANT - 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.
Visitor agrees to pay 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 pay 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
website owner.
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
Please visit our Contact
Us page and/or Support page on this website.
