General Website Disclaimer and Terms of Use
for
Introduction
You may be referred to as the Licensee. The
terms 'You' or 'Licensee' includes you and any of your owners,
employees, partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms
'Us,' 'We,' 'Website,' or 'Licensor' includes our owners,
employees, subsidiaries, independent contractors, agents,
attorneys, and assigns.
You must be at least 18 years old to access
this website or to purchase products or services from us.
We do not direct this website to persons
under 18, nor do we knowingly collect any personal information
from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND
ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The use of our information, products and
services should be based on your own due diligence and you
agree that we are not engaged in any professional service such
as providing legal advice or medical services.
Our cumulative liability to you or anyone
else for any loss or damages resulting from any claims,
demands, or actions arising out of or relating to this
Agreement or use of the content or website shall not exceed the
amount you have paid to us for the product or service. In no
event shall we be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits,
even if we have been advised of the possibility of such
damages. You agree that the foregoing constitutes your sole and
exclusive remedy for any breach of this Agreement. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
We are not responsible in any manner for
links or linked content on websites owned or controlled by
others. We provide any links only as a convenience and not as a
recommendation or endorsement of the linked content.
Prohibited Uses
You will not assign, sublicense, transfer,
pledge, sell, lease, rent, lend, or otherwise copy the content,
or any part of it, or share your rights under this Agreement,
to others.
You will not give others access to your
username and password.
You will not violate any laws, third party
rights, or this Agreement. This includes, but is not limited
to, not posting any material or content that is defamatory,
harassing, belongs to someone else, is obscene or
pornographic
You will not provide false or misleading
information to us.
Indemnification
You agree to indemnify, defend and hold us
harmless from and against all claims, demands, losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from your actions or conduct.
No Assignment
You cannot assign this Agreement, or any
aspect of your rights and responsibilities.
Consent to Use Information
When you communicate with us, send us
information, or provide content to us or out website, you grant
us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright and
publicity rights you have in the content, in any manner
whatsoever, in any media now known or which may be created in
the future, including in other works and forms not associated
with this website.
No Waiver of Rights
Our failure to enforce any rights granted in
this Agreement or to take action against any other party in the
event of any breach shall not be deemed a waiver by us as to
subsequent enforcement of rights or subsequent actions in the
event of future breaches.
Miscellaneous
This Agreement in all respects shall be
governed by and construed according to the laws of the State of
, to the exclusion of any other applicable body of governing
law, without regard to conflicts of laws principles.
This Agreement is entered into in County, .
You consent to the exclusive jurisdiction of for any dispute
arising from or related to this Agreement.
You agree that the exclusive venue for any
dispute arising from or related to this Agreement will be a
court located in County, .
Should any term of this Agreement be declared
void or unenforceable, that term shall be severed from the
Agreement such declaration shall have no effect on the
enforceability of the remaining terms.
This Agreement contains the complete and
entire understanding and agreement between you and us and
supersedes any previous communications, representations, or
agreements, verbal or written, related to the subject matter of
this Agreement.
This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth in writing or
permitted by this Agreement.
This Agreement may be amended by us at any
time and without notice, but only by amending this Agreement as
posted on this website, unless otherwise agreed to in a writing
signed by both of us.
Any amendments will become effective 30 days
after being posted on the website, unless circumstances require
that a change be immediately implemented. As a condition for
this Agreement you agree to periodically check this Agreement
posted at this page.
You agree that your continued use of our
product or service after that date will constitute your consent
and acceptance of the amendment.
Last Updated: 2009
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