Terms of Conditions
TERMS AND CONDITIONS
PLEASE READ. THIS WEBSITE REQUIRES CONSIDERATION OF THE FOLLOWING FOR AND AS A CONDITION OF PERMITTING YOU ACCESS.
ALL PERSONS BELOW THE LEGAL AGE OF 18 ARE NOT GRANTED ACCESS TO THIS WEBSITE. IF YOU ARE BELOW 18 YEARS OF AGE, IT’S NOT LAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY PERSON WHICH IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
Visitors, viewers, users, subscribers, members, afﬁliates, or customers, as a whole, referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, afﬁliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, visitors have no rights whatsoever to use the content of, or portions thereof, and that includes its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that agreeing this provision is a condition of viewing and that viewing constitutes acceptance.
WEBSITE OWNERSHIP, OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. The use of website content for any reason is unlawful unless it’s made with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING WEBSITE PROHIBITED
Unless expressly authorized by website, no one will hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their own for any reason, whatsoever. Furthermore, you are not permitted to reference the URL (website address) of this website in any commercial or non-commercial media sans express permission, nor are you allowed to ‘frame’ the website. You speciﬁcally agree to cooperate with the site to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any liability for the accuracy of the content of this site. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise come into an express contract to the contrary with the website, you have no right to depend on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING ELEMENTS.
The website claims no liability for damages to computers or software of the visitor or any individual the visitor subsequently interacts with from corrupting code or data which is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this website, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADING
Visitor downloads information from this website at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any way with this website, involving banners, advertising, or pop-ups, downloads, and as a condition of the site to permit his lawful viewing, Visitor perpetually waives all right to claims of damage of any and all description based on any causal factor ending up in any potential harm, regardless how severe or extensive, whether physical or emotional, foreseeable or unforeseeable, whether business or personal in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No added notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the policies of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery unless as expressed in the rules; you won’t have the right to engage as a representative or member of any class of claimants that pertains to any claim subject to arbitration; the arbitrator’s decision shall be ﬁnal and binding with the limited rights of appeal.
The prevailing party should be reimbursed by the other party for any and all costs related with the dispute arbitration, involving attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter pertaining this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the website owner unless otherwise here speciﬁed. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Seller’s sole discretion.
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
By taking the affirmative step of purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
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