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 Use and 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 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 terms of use
agreement, herein referred to as "Website."
Use Of The 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 terms of use 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
Under its terms of use,
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
Under its Terms of Use
and 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 Interfacing
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 his/her 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.
