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Acceptance of Terms of
Use and Amendments
Each time you use or cause access to this web
site, you agree to be bound by these Terms of
Use, and as amended from time to time with or
without notice to you. In addition, if you are
using a particular service on or through this
web site, you will be subject to any rules or
guidelines applicable to those services and they
shall be incorporated by reference into these
Terms of Use. Please see our Privacy
Statement, which is incorporated into these
Terms of Use by reference.
Our Service
Our web site and services provided to you on and
through our web site on an AS IS basis. You agree
that the owners of this web site exclusively reserve
the right and may, at any time and without notice
and any liability to you, modify or discontinue
this web site and its services or delete the data
you provide, whether temporarily or permanently.
We shall have no responsibilty or liability for
the timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information.
Privacy Policy
Submitted data and other personally identifiable
information that we may collect is subject to
the terms of our Privacy
Statement.
Third Party Services
Goods and services of third parties may be advertised
and/or made available on or through this web site.
Representations made regarding products and services
provided by third parties are governed by the
policies and representations made by these third
parties. We shall not be liable for or responsible
in any manner for any of your dealings or interaction
with third parties.
Indemnification
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any
claim or demand, including reasonable attorney's
fees, that may be made by any third party, that
is due to or arising out of your conduct or connection
with this web site or service, your provision
of Content, your violation of this Terms of Use
or any other violation of the rights of another
person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS
WEB SITE AND ANY SERVICES OR CONTENT PROVIDED
(THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS
IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONNECTION
IS SAFE IN ANY MANNER. YOU UNDERSTAND AND AGREE
THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS
SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY
OF ANY KIND.
Some jurisdictions may not allow disclaimers of
implied warranties and the above disclaimer may
not apply to you only as it relates to implied
warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT
OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION
ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE.
In some jurisdictions, it is not permitted to
limit liability and therefore such limitations
may not apply to you.
Reservation of Rights
We reserve all of our rights, including but not
limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary
right that we may have in our web site, its content,
and the goods and services that may be provided.
The use of our rights and property requires our
prior written consent. We are not providing you
with any implied or express licenses or rights
by making services available to you and you will
have no rights to make any commercial uses of
our web site or service without our prior written
consent.
Applicable Law
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our
products or services shall be governed by and
construed in accordance with local laws where
the headquarters of the owner of this web site
is located, without regard to its conflict of
law provisions. By submitting or using this web
site and service you consent and submit to the
exclusive jurisdiction and venue of the county
or city where the headquarters of the owner of
this web site is located.
Miscellaneous Information
(i) In the event that this Terms of Use
conflicts with any law under which any provision
may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted
to reflect the original intentions of the parties
in accordance with applicable law, and the remainder
of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert
any right under this Terms of Use shall not be
considered a waiver of any that party's right
and that right will remain in full force and effect;
(iii) You agree that without regard to
any statue or contrary law that any claim or cause
arising out of this web site or its services must
be filed within one (1) year after such claim
or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations
under this Terms of Use and we shall be relieved
of any further obligation.
If you have any questions, comments, or suggestions
about these Legal Notices please contact us by
submiting your concern here.
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