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 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 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, pop-ups, or 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, and 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. Las Vegas, Nevada 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.
