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OF EXCLUSION AND FOR MANY OTHER USES.
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INFORMED OF CHANGES.
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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
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
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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 liquidating 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 all the 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
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, associated links 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.
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
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
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.
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,
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
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.