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Disclaimer
Disclaimer
of Warranty
We issue no type of warranty whatsoever and
do not make any representations or warranties regarding the suitability,
availability, reliability, merchantability, non-infringement,
capability, usefulness or fitness for any particular or general purpose
of the site, or the products, services or tools, herein supplied or sold
or regarding the characteristics of services provided by or through the
site, or regarding the timeliness, usefulness or accuracy of information
gathered from or through the site. The site and all content distributed,
contained, sold or published via the site is provided to you "As
Is, Where Is", without any warranty of any kind, express or
implied.
Intellectual Property
Provisions
All content provided within or via this site
is fully protected by various US and international patent laws,
copyright laws, trademark regulations and laws, and various intellectual
property laws and international agreements and treaties. No intellectual
property of any nature contained within or via this Site may be
published, copied, or broadcast in any way without the written
permission of the content owner. The content of this Site may not be "mirrored"
or "framed". All trademarks presented on or via this Site are
owned by their respective owners and may not be utilized by you in any
way whatsoever.
Disclaimer Regarding
Functionality
All tools, functions, content, and
services provided via this Site are provided on an "as is"
basis and this Site disclaims any and all warranties, express or
implied, including those warranties of merchantability, fitness for a
particular purpose, title and non-infringement. Such disclaimers may be
limited by the laws of your state, and if so limited, may not apply to
you. No warranties of validity regarding any of the content provided
herein this Site are made and the operators of this Site have not
separately and independently verified the validity of any of the content
presented herein this Site. It is your duty to independently engage in
due diligence to validate and verify any and all claims presented within
this Site Termination of Service
We fully reserve the right to
terminate and conclude any and all service provided to you (either as an
individual member/user or as a group) at any time without notice for any
reason that we consider fit. We also reserve the right to discontinue
any service or modify any service with no notice to you. If we terminate
services to you, we will deactivate your account. We shall not be liable
to you or any third party if we terminate your account and you
unmistakably agree to hold us harmless and indemnify us from any third
party claims arising from the termination of your account.
You agree that monetary damages may not adequately provide a solution or
remedy for us if you violate any of the terms and conditions of this
Agreement and you distinctly agree that we may approach a Court of
Equity of competent jurisdiction for the purpose of obtaining Orders in
Equity should you violate or abuse any element of this Agreement.
Automatic
Usage or Viewing of this Site
You may not use any
automated scripts or "robots" to access, manipulate or copy
any content provided on this site. You may not engage in denial of
service attacks upon the servers that publish this Site. You may not
engage in any content that uses up more than .01% of the software and
hardware infrastructure of this Site.
Links to Third Party Sites
We may provide links to third
party sites; however, we are not at all responsible for the content of
such sites or their privacy policies or terms of uses. Please carefully
review the privacy policies and terms of service of all such sites prior
to usage. You in every way assume the risk of any usage of such third
party sites.
Submissions
All submissions are non-confidential in nature. All submissions (but not
personal information) become the property of this Site. "Submissions"
may be thought of as "suggestions/ideas" type of email or
letters or "letters to the editor" that you might send us. We
may publish and/or circulate all submissions in any manner that we deem
to be appropriate, including in all forms of publication and media You
are exclusively responsible for the content of all submissions,
including any violation and defiance of any law(s) contained within such
submissions, copyright, fraud, privacy, and other regulations and laws.
You fully agree to hold us harmless and defend us and indemnify us from
any civil actions filed or threatened to be filed by any third party or
entity who establishes that your submissions support a legal cause of
action. We also reserve the right to publish the contents of emails that
you send us, removing personally identifying information prior to
publication. Examples would be letters of praise, testimonials, thank
you notes and so forth.
Limitation of
Liability
We are not responsible for any damages arising
from your use of this Site, or any functions, tools or services that
this Site provides to you, whether the cause of action be based on
breach of contract, tort, or any other legal theory, including punitive,
actual, indirect, incidental or consequential damages of any nature or
due to any cause of any nature. You agree to hold us harmless from any
loss or harm of any nature due to your usage of this Site or any tool,
product or service that we provide to you, whether directly or
indirectly.
Content Issues
We are not responsible and answerable for any content provided to you by
our site members. We do not screen or monitor content provided by our
site Members or any third parties or entities and you agree that we do
not have any duty to do so prior to such being published on our site. We
are not liable for any content that may be obscene, indecent,
misleading, fraudulent, racist, intolerant, harmful or otherwise
objectionable where such content has been displayed due the actions of
any third party or entity or one or more of our users. We are not
responsible for any content provided to our site by members or third
parties that may infringe on intellectual property rights, rights of
publicity or privacy, or any rights of any nature in any jurisdiction.
You agree to hold us harmless regarding any claims arising from your
exposure, or the exposure of your loved ones, family members, or
computers, to objectionable content and agree to waive any possible or
potential liability that we may have regarding content provided to us
via members or third parties that violate or abuse any intellectual
property rights or any other civil law.
You understand and
agree that usage of the Internet means that you are subject and prone to
the risk of viewing or receiving offensive or harmful content and files.
We do not promise that we will edit and review all content for accuracy,
safety, quality, or decency that you encounter via our Site.
Jurisdiction
This Agreement, including all types of
Disclaimers, will be governed by and construed in accordance with the
internal laws of the State of Delaware, excluding that body of laws
known as choice of law or conflict of laws. Subject to the provisions of
this Section all controversies, disputes, or claims arising out of or
relating to this Agreement will be resolved through mandatory binding
arbitration conducted in Dover or any location closer to or within
Dover, 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 documents, papers, 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 amend, alter, 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. Any and all disputes
regarding the content presented on this site must be resolved through
arbitration as set forth in this section.
Foreign
Usage
We evidently make no representation that the usage
of this site, or the content provided herein, will not violate the laws
of your local jurisdiction. You are responsible for the laws of your
jurisdiction, especially if you are accessing this site from outside the
United States of America (USA).
General
Information
This site may contain typographical errors or
mistakes, and we entirely disclaim any responsibility for such errors
and you agree to hold us harmless from any legal responsibility for such
errors.
We may modify or revise any portion of this Agreement
at any time without notice to you. You must fully read this Agreement
each time you visit our site or use any service or tool that we provide
to you via this site or elsewhere. Any usage of this site or tools,
services or functions that we provide you means that you have read the
most current version of this Agreement and you agree to be bound by the
terms and conditions of the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by
surface mail, at our exclusive selection.
Force
Majeure
Neither party shall be liable for any failure or
delay in performance due to Force Majeure, which shall mean acts of God,
earthquake, changes in law, regulation or government policy, labour
disputes, war, fire, flood, insurrection, riots, sabotage, embargo,
epidemics, acts or omissions of suppliers or vendors, transportation
difficulties, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation),
failure of third party hardware or software or inability to obtain
supplies, raw materials, or power used in or equipment needed. We are
not responsible for server downtime under any circumstances whatsoever
Intellectual Property Notices
You fully agree that you have been suitably noticed of any trademark,
copyright, patent, trade dress, service mark, or any other intellectual
property rights or property rights of any nature and any violation by
you of any such property rights is fairly deemed to be "willful"
in nature.
All product names, logos, symbols, marks, and
company names are the property of their respective owners and subject to
the protection of State, Federal and International laws and regulations.
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