By using this site, you explicitly accept, without limitation or qualification, the collection, use and transfer of the personal information provided by you in the manner described in this Statement. Please read this Statement carefully as it affects your rights and liabilities under the law. If you disagree with the way we collect and process personal information, please do not use this website.
Scope of This Policy
This policy applies to this website and regulates the processing of information relating to you and grants both us and you various rights with respect to your personal data. It describes what type of information we collect; how we use that information and to whom we can provide that information. It also informs you of how to notify us to stop using your information. Our company is located in the United States. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our site, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States.
This Site and emails received from us may also posts links to other web sites over which we have no control. As such, we are not responsible for the privacy policies or practices of other web sites when you choose to link from this site. We encourage you to review the privacy policies of those other web sites so you can understand how they collect, use and share your information.
We also do not control the data use practices of those persons or entities who may access your information on this site for the purposes of providing the service or product you have requested or third party Ad Networks and other third parties with whom we work to serve you personalized ads on our site. We encourage you to review the privacy policies and opt-out choices of those third parties so you can understand how they collect, use and share your information.
Your California Rights
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes "California customer" is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
California customers may request further information about our compliance with this law by e-mailing contact@%dom%. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
We endeavor to safeguard and protect your information. When you submit information at the website, such information is protected both online and offline. The servers in which we store Personal Information are kept in a secure physical environment. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. Currently, We use Secure Socket Layer Software ("SSL") to protect data and to secure any transactions. SSL encrypts information, including credit card numbers, names and addresses as they are transmitted over the Internet. Please be advised that, although We take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, We cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through this site is at your own risk. However, access to your information is strictly limited, and not accessible to the public.
Information We Collect and Retain
We collect the following general types of information about you when you visit and use our Site or through our emails: personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
Personal information is information that can be used to identify you, or any other individual to whom the information may relate, personally. We do not collect personal information unless you choose to provide it to us. Some examples of personal information that we collect, depending on the services you use and local law, are:
- First and Last Name
- Physical Address
- Email Address
- Telephone Number
- Any other information you provide to us though the course of communicating with us
Demographic information is information that may or may not be unique to you in the sense that it refers to selected population characteristics, Such information may include, but is not limited to, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
Behavioral information is information pertaining to how you use our site, the areas of our site that you visit, the emails that you open and link to the advertiser through what services you access, and information about your computer hardware and software including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet and other website you have been referred to us through. This information is necessary for analyzing the use of resources, troubleshooting problems, preventing fraud, and improving our services and products.
Third party Information
Third party information is information that we acquire from a third party which may include personal, demographic, behavioral and indirect information. We obtain this information so that we can personalize the advertising to you shown our site or in our emails.
Web Technology Information
No Information Collected from Children.
No Information Collected from Children. Company will never knowingly collect any Personal Information about children under the age of 13. If Company obtains actual knowledge that it has collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
How We Use the Information Collected
Providing Services and Products
We use the information we gather for the purposes of providing the services and or products you have requested and to market third party products and services to you that may be of interest to you. This may include passing your information on to a third party with which we have a contract to provide such services. Although our contractual arrangement limits how such third party can use your information, we do not control the privacy practices of this third party. If you have any questions or wish to remove your information from the third party's database, you will need to contact that party directly.
Improving our Website
We use the information we gather to respond to any inquires you make; operate and improve our Site or emails, improve and create a positive user experience with our site or emails; and deliver the products and services advertised on our Site or in our emails. Our services include the display of personalized products, content, and advertising relating to your experience and interests. The information we gather on this Site or through our emails may be shared with other companies under common ownership with ours throughout the world.
We predominately use "session" cookies, which are not permanently stored on your hard drive. Session cookies expire after two hours of inactivity or when you close your browser. "Session" cookies allow us to keep track of this data until you have completed your search or registration.
We may use "persistent" cookies primarily to ensure that we do not show you pages that you have already seen and to personalize your site experience and save you time. "Persistent" Cookies enable us to recognize whether you have responded to any questionnaire or registration or have already been presented with an advertisement or information placed on the site so that we do not show you the same information again the next time you visit our site or in the next email you receive from us. The "persistent" cookies we use will remain on your computer after you have left our site until you remove them.
We may also allow other companies to display advertisements to you while you are visiting our Sites and when opening our emails. Because your web browser must request these advertisements from the other companies' servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site. We have no control over the practices of those third party advertisers and are not responsible for their technology or tracking. We encourage you to review the policies of such advertisers when you link to their website.
You have the ability to accept, decline or move cookies at any time by modifying your browser settings. Please see http://cookiecentral.com. If you choose to decline cookies, however, that may hinder performance and negatively impact your experience on the web site.
We also use electronic images known as Web beacons (sometimes called single-pixel gifs, clear gifs or action tags) that allow us to collect certain information about your visit to these Web pages (including the number of users who have visited those pages), measure and improve the effectiveness of advertisements, and deliver services. Web beacons are not used to access your personally identifiable information; they are a technique used to compile aggregated statistics about web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of page view and a description of the page on which the Web beacon resides. This information may be shared with one or more third parties so that they can understand the kinds of visitors to the Web pages, how those visitors use those Web Pages, and the effectiveness of their advertisements. We may also use web beacons in email messages sent to individuals listed in our database.
Disabling Web Beacons
Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
We automatically track certain information based upon your behavior on the site or from our emails. We may use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
Disclosure of Information to Others
We disclose to third parties throughout the world your personal information, combined personal, demographic, behavioral or indirect information, as set forth below:
Product and Service Delivery
We may share your information with third parties who delivery the products and services you have requested. We disclose information to companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance, and provide customer service.
Third Party Products and Services
We may disclose such information to third parties to provide you with information about the opportunities, products or services of third parties. We use the data and data logs we have about you, including interests and preferences you have expressed, to determine whether you might be interested in the opportunities, products or services of a particular third party. This type of marketing may be in the form of email offers or mobile offers sent to you by third parties or telemarketing calls from third parties.
We also share aggregated anonymous information about you and other persons using our Site or opening our emails with third parties so that they can understand the kinds of visitors to the Site and how those visitors use the Sites. This includes demographic information and behavioral information.
We disclose information if legally required to do so, or at our discretion pursuant to a request from a governmental entity or if we believe in good faith after considering your privacy interests and other factors that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger
We may disclose and transfer information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the Site.
Again, in each of these situations, the recipients of your data may potentially be located in any country in the world.
Third Party Use of Your Information
Third parties also collect and use information about you on our Site in the following way:
Advertiser Cookies and Web Beacons
Advertising agencies, advertising networks, and other companies who place advertisements on the Site or in our emails and on the internet generally may use their own cookies, web beacons, and other technology to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
Our Site and email messages sometimes contain hypertext links to the websites of third parties. We are not responsible for the privacy practices or the content of such other websites. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Use of Your Information for Email and Telemarketing
Content of Email Messages
You may receive certain commercial email messages sent by third parties for products which may be of interest to you. In such case, an Advertiser's name will appear in the "From:" and the email will have a method at the bottom of the email to unsubscribe from that Advertiser. Company is not responsible for third party emails sent to you.
Opting Out of Email Marketing Material
We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when it asks for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference by emailing or calling us per the information contained on our contact page.
If you no longer wish to receive our promotions, you may opt-out of receiving it by following the instructions included in each newsletter or communication or by emailing us per the information contained on our contact page.
Customer Care Contact Information: contact@%dom%
Email and Unsubscribe Policy
We may provide your personal information to third parties for promotional offers by email. These offers may be our services and products or those of third parties. We may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Company's email lists, a person must send an email to unsubscribe: Unsubscribe@%dom%
We may use your Personal Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry. By registering and using this Site, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. We may use Personal Information to provide the services you've requested, including services that display customized content and advertising.
If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from us or our business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Short Message Service
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
Removal of Wireless or SMS addresses: You may remove your information from our database. If you remove your information from our database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to unsubscribe@%dom%
Changes to Privacy Statement
We reserve the right to make material changes to the substance of this Privacy Statement. We will post those changes through a prominent notice on the web site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.
This website is a market place. All services and products advertised on this website or through emails from this site belong to third parties and not the owner of this website. The owner of this website has a material financial connection with the provider of the goods and services advertised on this website or through its marketing services. The owner receives payment for each qualified sale or payment for each potential customer referral. The owner may be advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral. Information regarding the products and services on this website or in the promotional emails or other marketing materials provided by this website may are provided by a third party advertising such product and service and therefore the correctness of such representations are unknown to the owner of this website who does not undertake due diligence to confirm such third party representations regarding third party advertising claims.
To the extent there are testimonials on the website or in the marketing materials you received, such testimonials are not provided by the owner of this website, the advertiser providing such testimonials warrants that the results provided are accurate and true. However, these examples are not necessarily typical or average nor do they represent a guarantee of your personal results. Please contact the advertiser with any questions regarding claims made herein.
CHANGES TO TERMS AND CONDITIONS AND POLICIES
PROHIBITED USER CONDUCT
You are prohibited from any conduct that, in the website owner’s sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website or services provided by this Website. You are prohibited from accessing or attempting to access private areas of this website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
You are prohibited from using any data, content, and any information provided or used on the website, as well as your use of this website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Site Owner; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from the website owner -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any website content, to defeat or circumvent the website owner’s security features, or to utilize this website for other than its intended purposes is strictly prohibited.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. §512(c), and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Your communication must include substantially all of the following:
- Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.newco.com/text_page.html") or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Provide identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Provide information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper
Send the written communication to: INFRINGEMENTNOTIFICATION@%dom%
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 17 U.S.C. §512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers): Your communication must include substantially the following:
- Include a physical or electronic signature of the subscriber
- Provide identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- Provide your name, address, and telephone number
- Include the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which you reside.”
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and Sign the paper.
Send the written communication to: INFRINGEMENTNOTIFICATION@%dom%
Site owner will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
HOW TO REMOVE EMAIL ADDRESSES
If you have received a commercial email from this website and do not wish to receive further emails from the particular advertiser listed in the email, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from this website you may simply UNSUBSCRIBE@%dom%. Please note that exercising an opt-out mechanism only applies to the website with which you exercised that right.
THIS WEBSITE NOT RESPONSIBLE AND SHALL HAVE NO LIABLITY FOR THIRD PARTY CONTENT
This website may display and make available content, promotions, advertisements, and offers provided by third parties. You understand and agree that the owner of this website shall not be responsible and shall have no liability for any such content or promotions or for your activities on any third party websites for whom this website provides services, and that when you choose to participate in or click on such a third party link or use a third party’s product or services, you do so at your own risk. You agree that your sole remedy in connection with any services for such third party will be with such third party and not the owner of this website. You agree that you shall have no remedy against the owner of this website arising from your use of or participation in, or inability to use or participate in, any third party promotion, product or website.
THIS WEBSITE IS NOT AFFILIATED WITH MARKETING PROVIDERS
This website is not affiliated with any of the products or services listed on this website or in any promotional email or on this website. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this website. Furthermore, participating service providers are independent third parties and this website is not acting as a principal, agent or broker with respect to any providers.
THIRD PARTY WEBSITES (“Linked Websites”)
You may be able to link to third parties’ websites (“Linked Websites”) from this website or promotional emails delivered by or through this website. Linked Websites are not, however, reviewed, controlled or examined by this website owner in any way and this website owner is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained on or in promotional materials through this website. Except as otherwise noted on the website, these links do not imply this website’s owner’s endorsement of or association with the Linked Websites. In no event shall this website owner be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. The website owner reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites and/or introduces different features or links.
INTELLECTUAL PROPERTY RIGHTS
The website contains intellectual property owned by this website’s owner and other parties. As between the owners and you, the owner is the sole owner of the website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from the website owner -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent the website’s security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Except as expressly set forth herein, this website owner is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of this website or by any of the equipment or programming associated with or utilized in connection with this website or the products or services provided on or through this website or promotional marketing materials related by or through this website, or by any technical or human error which may occur in the processing of information received by this website’s owner. This website’s owner assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with this website. Website owner is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of this website or its content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WEBSITE OWNER, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE OWNER DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WEBSITE OWNER, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THIS WEBSITE’S OWNER AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that the owner of this website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on or through this website.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
MONITORING WEBSITE USAGE
You agree to defend, indemnify and hold this website’s owner, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use this website and or its content and other marketing services provided by this website, as well as any information provided to you by the website or marketing services, or any violation of these Terms and Conditions by you.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Los Angeles, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of the website owner's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.
RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause, you must notify the web site owner in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to: ARBITRATIONOPTOUT@%dom%. Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Website Terms and Conditions.”
STATUTE OF LIMITATIONS
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
WAIVER AND SEVERABILITY OF TERMS
The failure by the website owner to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and the website owner and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase services, affiliated services, third party content or third party software offered by the website owner.
Please print to retain a copy of this agreement for your records, thank you.
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