FIRST, YOU MUST BE 21 YEARS OF AGE TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 21 YEARS OLD, YOU MUST NOT ACCESS OR USE THIS WEBSITE, AND MUST EXIT NOW.
We
offer this website subject to the following terms and conditions
("Agreement"). Please read this Agreement carefully before using this
website.
By
using this website, you accept the terms and conditions set forth in this
Agreement. If you do not agree to the terms and conditions set forth in this
Agreement, you must not use this website. We may at any time, at our sole
discretion, update and revise this Agreement by posting an amended Agreement on
this website; any changes that we make to this Agreement will be effective
immediately upon posting. Please check this page periodically for changes to
the Agreement; you will be able to determine if this Agreement has been changed
since your previous visit by viewing the "Last Updated" information
that appears at the top of this Agreement. Your use of this website following
the posting of any changes constitutes acceptance of those changes.
This website's terms and conditions are directed to residents of the United
States. Code of Conduct. While using this website and/or the Site Materials,
you agree not to:
Restrict or inhibit any other visitor from
using this website, including, without limitation, by means of
"hacking," "denial of service" attacks or defacing any
portion of this website;
Use this website or the Site Materials for any unlawful or unauthorized
purpose;
Express or imply that any statements you make are endorsed by us, without our
prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or otherwise
objectionable, or infringes on our or any third party's intellectual property
or other rights; (b) any material, non-public information about us, any of our
licensees or affiliates, or any third party without the authorization to do so;
(c) any trade secret of ours, any of our licensees or affiliates, or any third
party; or (d) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer,
decompile, or disassemble any portion of this website or the Site
Materials;
"Frame" or "mirror" any part of this website without our
prior written authorization;
Tamper in any way with the software or functionality of this website,
including, without limitation, transmitting or posting any software or other
materials to this website that contains any viruses, time bombs, Trojan horses,
worms, cancel bots or other computer programming routines that may damage,
interfere with, intercept, or expropriate any system, data, or
information;
Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," or in
any way reproduce or circumvent the navigational structure or presentation of
this website or its contents;
Harvest or collect information about visitors to this website without their
express consent;
Create a database by systematically downloading and storing all or any of the
information on this website;
Make postings of a commercial nature; or
Permit others, including those whose accounts were terminated, to access this
website through your account, username or password.
In
addition, while using this website and/or the Site Materials, you agree to
comply with all applicable laws, rules, and regulations.
Links. This website may contain links to other Internet websites and online
resources. Links on this website to other websites or resources shall not be
construed as endorsement, control, review or approval of such other websites by
us. You acknowledge and agree that we shall not be held responsible for the
legality, accuracy, or inappropriate nature of any content, advertising,
products, services, or information located on or through any other websites,
nor for any loss or damages caused or alleged to have been caused by the use of
or reliance on any such website or content. Further, the treatment of user data
by the operators of third party websites may be different from our treatment of
user data. For details regarding such operators' treatment of data about users,
you must review their privacy policies or terms and conditions of use or
contact them for this information.
Use of "Cookies" and Other Tracking Technologies. We may use cookies
and other technologies to facilitate and track your use of services offered on
this website and in connection with our e-mail communications. For more
information on our use of such technology, please see the privacy policy
accessible via a link provided at the bottom of the homepage of this
website.
Accuracy of Information. Although we strive to ensure the accuracy of the
information found on this website, neither we, nor our affiliates, licensees,
suppliers, or agents, can be held responsible by you for the accuracy of such
information. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all information provided on this website.
Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR
SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY
PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD
TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN
A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A
PARTICULAR PRODUCT OR SERVICE, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND
AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED
THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES,
SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE
MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY
PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD
TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT
YOUR OWN RISK.
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE
THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS,
OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS
OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR
COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION
WITH:
THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR
ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS
FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES,
OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS,
EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS
WEBSITE;
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE,
POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME
(USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR
SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER
CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE
AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR
ABILITY TO PROVIDE SERVICES OR GOODS IN CONNECTION WITH, OR RESERVED OR ORDERED
THROUGH, THIS WEBSITE; OR
LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE
OF THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD
PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS
CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE
MATERIALS, AS APPLICABLE
Void Where Prohibited. Although this website is accessible worldwide, not all
products or services discussed or referenced in this website are available to
all persons or in all geographic locations or jurisdictions. In addition,
restrictions may apply to use of products or services obtained in one
jurisdiction in other jurisdictions. Those who choose to access this website
from locations outside the United States or Canada do so on their own
initiative and at their own risk, and are responsible for compliance with local
laws, if and to the extent local laws are applicable. You may not use or export
the Site Materials or products and services available through this website in
violation of U.S. export laws and regulations. We, and our affiliates,
licensees, suppliers and agents, reserve the right to limit the availability of
this website and/or the provision of any product or service to any person, geographic
area or jurisdiction it so desires, at any time and in our sole
discretion.
Applicable Law. Except to the extent expressly provided otherwise herein, this
Agreement (including any of our policies referred to herein) shall be governed
by and construed in accordance with the laws of the State of California in the
United States. Specifically excluded from application to this Agreement is that
law known as the United Nations Convention on the International Sale of Goods.
If you are a citizen or resident of the United States, a U.S. commonwealth or a
U.S. territory, or if you are accessing this website from the United States, or
if a dispute action arises from your access to or use of the U.S. version of
this website, you hereby agree that any disputes arising under or in connection
with this Agreement, this website, any products and services related to this
website and/or the Site Materials shall be submitted for resolution to either
the U.S. District Court for the District of California located in the City of
San Fernando in California or a state court located in Los Angeles County in
California, and you hereby waive any jurisdictional, venue, or inconvenient
forum objections to such courts.
This Agreement has been written in English, and you waive any right you may
have under any laws to have this Agreement written in any other language. You
represent that you have the ability to read and write in English and you have
read and understood this Agreement. If this Agreement is translated into a
language other than English, the English version and interpretation shall
govern and prevail. All communications between the parties hereunder shall be
in English.
Other General Provisions. We reserve the right to immediately terminate your
access to and use of this website or any portion thereof, or to eliminate any
content, feature or service of this website, at any time and for any reason,
with or without cause. Headings found in this Agreement are for reference only.
A party's failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
This, together with any of our policies referred to herein, is the entire
Agreement between you and us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral Agreements
between you and us regarding the same subject matter (except other written,
fully-executed contracts between you and us). Neither the course of conduct
between you and us, nor trade practice shall act to modify any provision of
this Agreement. If any provision of this Agreement is held to be invalid or
unenforceable, such determination shall not affect such provision in any other
respect or any other provision of this Agreement, which shall remain in full
force and effect. This Agreement is not assignable, transferable or sub
licensable by you except with our prior written consent.
