THIS IS IMPORTANT -- PLEASE READ
UPDATED FEBRUARY 2008
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A
CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING
AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF
THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE
WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR
INTERACT WITH IT.
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, 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, 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.
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