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USE OF
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content of, or portions thereof, including its databases, invisible pages,
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contain, for any reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$90,000 in addition to costs and actual
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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 liquidate damages of US $90,000.00 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, 385 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.
