Terms of Use
TERMS
OF USE
THIS
IS IMPORTANT -- PLEASE READ
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU
ACCESS.
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,
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,
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. Las Vegas, Clark County, Nevada. 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.