|1. No Representations Or Warranties
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
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
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.
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.
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
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
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 .
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.
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
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.
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
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
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
made by a signed writing. No waiver will be a continuing waiver unless
so stated in a signed writing.
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
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
your continuing use of such Web site and the services constitutes your
to be unenforceable in any jurisdiction shall be removed from these Terms
of Use to the minimum extent required in that jurisdiction without in
unenforceability of any provision in a given jurisdiction shall not make
that provision unenforceable in any other jurisdiction. Any 1itigation
our services must be commenced within one (1) year after the cause of
action arose, or it will be permanently barred.