Terms of Use


TERMS OF USE

By using this Web site you agree to be bound by these Terms of Use. The owner of this Web site (“we” or such wording as the context may require) reserves the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use . You agree to be bound by such changes. If you find the Terms of Use to be unacceptable you must immediately terminate your use of this Web site.

 
1. No Representations Or Warranties

The services provided on this Web site ("Services") and the content, information, documents, graphics and images (together, "Materials.') published at this Web site may include inaccuracies, typographical errors or other errors. However, we reserve the right to modify. alter, discontinue or delete the Services and Materials without prior notice.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED “ AS IS" AND WITHOUT WARRANTY. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLlED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES FOR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED . YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthennore, we do not endorse the opinions of parties expressed on this Web site or on linked Web sites.

2. User Conduct

We may make certain services available, including without limitation, e-mail, chat rooms, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. In consideration for our providing such services, you also agree not to:

a. Violate any applicable law or regulation;

b. Threaten or harass any individual or entity;

c- Post or transmit any commercial, advertising or promotional materials. including without limitation "spam" or mass distributions;

d. Provide false information on any registration form or impersonate another person at any point;

e. Post or transmit false messages or information.

f. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services. terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximurn number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services. You agree to be bound by such practices. You also agree that we are not responsible or liable for deactivation or deletion of accounts or to loss of e-mail, communications. postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice. or opinion contained in any e-mail, message board, monitoring board, chat room or community service--or in any other public services--and we do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

3. Web Site Links

This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described there.

Furthermore, these links may lead to sites which may contain dangerous computer viruses. You assume, and WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.

4. Confidentiality

Your confidential use of this site cannot be guaranteed by us. WE SHALL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THIS SITE.

5. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

6. Limitation of Damages

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE- OR OUR OFFICERS,

EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNEE-- BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARlSING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE.

THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE). STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA.

YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS AND THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS .

7. Ownership

All rights, title and interest (including all copyrights and other intellectual property rights) in this Web site belong to us unless otherwise specified. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.

8. License

Nothing contained in this Web site shall be construed as conferring any license or right, expressly,

by implication, by estoppel or otherwise, to any of our intellectual property rights, or to any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written permission.

9. Claims of Copyright Infringement

We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe the intellectua1 property rights of others.

If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file with us a notification of such infringement and a request to have the material removed or otherwise blocked from access.

10. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US-AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS-FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES. THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES PROVIDED, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT .

l1. Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLEL Y PERFORMED THERE. EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. YOU IRREVOCABLY CONSENT AND WAlVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS FOR ALAMEDA COUNTY, CALIFORNIA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

12. International Use

We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations especially some locations outside the United States, and you acknowledge that accessing such from certain locations may be illegal and prohibited.

Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable 1aws.

You will not access the foregoing where prohibited by law.

13. Waiver

No waiver of these Terms of Use will be effective unless made by a signed writing. No waiver will be a continuing waiver unless so stated in a signed writing.

14. Arbitration

Notwithstanding any other provision to the contrary, any controversy or claim arising out of our relating to this agreement shall be settled exclusive1y by arbitration in Alameda County, California in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator (s) may be entered in any Court having jurisdiction.

The parties will have the same discovery rights as if the dispute were being adjudicated by the appropriate California Court.

15. Integration: Severability: General

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be removed from these Terms of Use to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any 1itigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

 
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