This document comprises a legal Agreement between you, the User of this website ("You" or "User") and the owners of this website ("We.") Please read this document carefully. Any usage of you of this site, including viewing any text, graphics, or any material published on this website of any nature, or using any tool, service or product presented on this site, means that you have expressly accepted each and every term and condition of this Agreement.
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.
We may alter or modify any of the terms and conditions of this Agreement at any time without notice to you. You must read this Agreement each and every time you visit this site or use any of the tools and services that this site provides.
USE OF INFORMATION FROM THIS WEBSITE
All the content contained on this website is protected by United States Copyright Law, various state laws, and international agreements and treaties. You may not copy, use, distribute or publish any portion of this website without express written permission of the copyright owners. In addition, various other trademark, trade name, service mark and other intellectual property laws protect portions of this website. You agree that it may be difficult to determine the actual amount of damages if you should violate the intellectual property rights of the owners of such property, and as such damages are difficult to determine, you agree to pay liquidated damages in the amount of One Hundred Thousand Dollars USD for each violation of any intellectual property law that you directly engage in or contribute to.
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 agree that it may be difficult to determine the actual amount of damages if you should violate this provision and as such damages are difficult to determine, you agree to pay liquidated damages in the amount of One Hundred Thousand Dollars USD for each violation of 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. All material and contents provided via this website are done so on a "As Is " basis No warranties of fitness of purpose, merchantability, or any other warranty of any nature are provided to you. Your State may not allow such disclaimers, and as such, may not apply to you. We do not guarantee or warranty that your computer or software will be protected from viruses, worms, Trojans, or other harmful files, scripts or programs, including any such material introduced via advertising pop ups or other types of advertising methods, or from downloaded files.
LIMITATION OF LIABILITY
In the event of a legal dispute between you, the user, and the owners or operators of this website, you agree that damages will be limited to that amount that you have paid us for any service, or product that you have purchased, and in any event, damages will be limited to the sum of One Hundred Dollars USD.
You agree that in the event that your actions cause a civil complaint of any nature to be filed, or threatened pursuant to a claim or demand sent to the operators of this site by any third party or entity, you will hold the owners and operators of this site harmless and indemnify the same against any such claims and defend the same against any such claims.
(a) submitting content
that is patently offensive to the online community,
such as content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or
(b) engaging in activities or submitting content that could be harmful to minors;
(c) engaging activities or submitting content that harass or advocate harassment of another person;
(d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam";
(e) engaging in activities or submitting content that promote information that is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submitting content that contains restricted or password only access pages, or hidden pages or images;
(g) submitting content that displays pornographic or sexually explicit material of any kind;
(h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) engaging in activities or submitting content that solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
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 therein, or any of the content of the submission, shall become the exclusive property of this Website and may be used, without further permission, for commercial use without additional consideration of any kind. .
Arbitration/Jurisdiction This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in San Francisco, California before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules.
The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.
The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
This Agreement is protected by the Copyright Law of the United States, various state laws, and international treaties and agreements. You may not use, publish, copy, or distribute any portion of this Agreement without the written permission of the copyright owners.
CONTACT INFORMATION If you have any questions about this Agreement.
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