1. Acceptance of These Terms
Without prejudice to the above, User acknowledges and accepts that Company is fully entitled at all times to amend, add to and/or revoke any and all of These Terms, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective upon being posted on Website.
2. User’s Warranties and Undertakings
2.1 User warranties are as follows:
a. User has full legal capacity to enter into legally binding agreements.
b. User is not legally prohibited from using Website, and is legally free to do so without any particular legal restriction or limitation.
c. User’s use of website is wholly and entirely lawful under the laws of California, as well as under all applicable laws in the jurisdiction from which user communicates with Website (where different).
d. Any and all information provided by User is true, accurate, complete and up-to-date.
e. User fully understands that there is no duty to submit any information on Website. However, absent such submission, no services could possibly be rendered to User.
2.2 User undertakes –
a. to regularly review These Terms for any amendment or other alteration;
b. to indemnify, defend and hold harmless Company, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any use of Website made by User, including in particular (but not limited thereto), any breach of These Terms and/or violation of any law whatsoever (such as, for example, any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
c. to commence proceedings for any claim against Company, and/or any or all of its subsidiaries, agents, employees and/or officers, no longer than twelve months after the relevant alleged cause of action is said to have accrued, or its existence has become known to User; User waives his right to bring any such claim thereafter, and shall be debarred from doing so;
d. subject to paragraph (e) hereunder, not to use, copy, purportedly sell, duplicate, reproduce, transmit, distribute, display, etc. , in any way whatsoever, any of the material, information, text, graphics, sound, trademarks, logos, etc. on Website.
e. not to send any messages or other information to Website, using any program or other automated system, at a rate higher than that possible for a person using a common web browsing program.
f. not to alter, add to or remove any Website Material, otherwise than as users of Website may be expressly invited and/or permitted to do, as indicated where appropriate;
g. not to engage in collecting any personal and/or identification information via Website;
h. to be fully, personally and exclusively liable to Company and/or any third party for any act or omission done by it using Website and/or any data or information obtained through Website, and/or any consequences of the same; and not to deny or exclude any such liability.
i. to immediately bring to the attention of Website administrators any breach of Website security of which User becomes aware.
j. Comply with all applicable laws and regulations, as well as terms and conditions, as referred to above.
3. Exclusion from Website of User
Company shall be entitled to remove from Website any Material, and/or deny User any access to Website, at Company’s sole and exclusive discretion, for any reason whatsoever, without giving User any notice of the same
4. Intellectual Property
Company, Company logo, and all product names appearing on Website are among the trademarks and/or service marks owned by Company, or its subsidiaries or affiliates, and no trademark or service mark or other license is granted in connection with the materials contained on Website.
5. Warranty Disclaimer and Limitation of Liability
Company, as well as any and all of its subsidiaries, agents, employees and/or officers, assume no liability, disclaim all warranties and make no representations, whether express or implied, in relation to Website and/or any use made thereof; any of the contents of, or appearing on, Website, including the correctness, accuracy, completeness and/or propriety of the same; use of any information obtained through unauthorized access to Company’s servers and/or those used by or for the operation of Website; any information or contents, including computer files (such as viruses) sent to User by any third party, whether through Website or having obtained User’s personal information through Website; any dealing whatsoever User has with any third party, whether through Website, or having become acquainted through website; any promotion of, including hyperlink to, any third party application, as well as any any trouble, disturbance or interference with User’s communication with Website, and/or any damage, whether physical or other, arising from any of the above.
Under no circumstances whatsoever will Company, or any of its subsidiaries, employees or officers, be liable to User or any other party for any damages, including any direct, indirect, incidental or punitive damages, or any compensation for the same, and shall not indemnify User or any other party for any of the above.
6. Assignment to Third Parties
Company is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, wholly or in part, to any third party whatsoever. By no means shall User be entitled to do any of the above in respect of User’s own rights provided for herein, whether to other Website users or not.
7. Copyright Notice
The Website is © 2010, Company – All Rights Reserved and no portion of Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Company
All Website and Company trademarks are owned by Company and may not in any way be used without the express, prior written consent of Company
Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
Company’s acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
10. Choice of law and Jurisdiction
These Terms, as well as any dispute arising therefrom or in connection therewith, shall be governed by the laws of California; the courts of law of Alameda County, California shall have exclusive jurisdiction over the same.
These Terms were last updated on 10/26/2010