3. USE OF CONTENT AND WEB SITE
All pages within this site and all content contained within this site are protected by United States and international copyright and trademark laws and/or other intellectual property rights. This includes, but is not limited to, the text, images, photographs, audio and video, and any material that is accessed or downloaded from this site may not be modified, altered, copied, distributed, reproduced, published or used in part or in whole, without the prior written consent of the Owner of this web site. You may download content from this site for your personal, non-commercial, use only. All copyright, trademark, proprietary and property right laws remain intact, as well as user license agreements. Violation of these protective laws is considered intentional infringement and may result in significant civil liability and criminal penalties under United States and/or worldwide copyright and trademark laws.
Nothing on this web site shall be construed as transferring or conferring, actual, implied or otherwise, any license to any intellectual property rights from the Owner, their officers, directors, agents, employees, subsidiaries, affiliates, vendors and/or licensors and other third parties mentioned on this site. The user is responsible for obtaining any such license.
4. USER RESPONSIBILITIES
The user warrants that they will not use this web site for any purpose that is considered unlawful or prohibited by these terms. This would include posting or transmitting threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material. Should you violate any of these terms or condition, your permission to further use this web site will be immediately terminated without notice. The right to deny a user access is completely at the discretion of the Owner of this web site.
Should the user have comments or concerns regarding the content of this web site, it is their responsibility to report these occurrences to the Owner by clicking on the Contact Us link on the index or home page.
You are solely responsible for the information that you elect to submit through this web site or that is collected as a result of your use of this web site. Such data shall not include software viruses, mass mailings, chain letters or any form of “Spam”. In the event that you are issued user identification numbers of codes, confirmation number and/or password, it is your responsibility to protect this information and not release it to any third party. You are also responsible to notify the Owner and request a change or discontinuation of the user identification numbers or codes, confirmation number and/or password should you believe this confidential information has been breached. The Owner of this web site may terminate or suspend service or access to the web site should they feel there is a breach or if information being provided is untrue, inaccurate, not current or incomplete. We will not be liable for any loss or damage arising from the user’s failure to comply with these terms and security measures.
5. PROHIBITED OR RESTRICTIVE ACTIVITIES
The user is permitted to use this web site solely for personal use only. You are specifically prohibited or restricted from using this web site for any of the following: a) utilizing this web site in a manner that draws an unreasonably large load on the web site’s infrastructure (i.e. “spam” or mass email techniques); b) disclosing or sharing your user identification number, confirmation number and/or password to an unauthorized third party or using this secured information for any unauthorized purposes; c) attempting to emulate, decipher, dissect or reverse engineer any of the software or code comprising or making up any part of this web site; d) transmitting, uploading or posting any information, data, content or proprietary rights that is not permitted or granted under any law or contractual or fiduciary agreements (i.e. trademarks, logos, original content or images, etc); e) violation of any local, state, national or international law or any regulatory agency that has empowerment of the law; f) using any manual or automated process or intelligent device that would allow any components of the web site to be searched, monitored or copied without prior written permission, excluding web browsers.
7. INFORMATION POSTED TO WEB SITE
8. LINKS TO OTHER WEB SITES/THIRD PARTY WEB SITES
This web site may contain links to third party web sites and/or access to third party content and ads, that are not under the Owner’s control. The Owner of this web site does not warrant, guarantee or endorse the content found on such sites and is not responsible for any content, associated links, resources, information or services associated with a third party site. You access these third party sites at your own risk. The Owner of this site will not be held liable or held accountant for any loss or damage associated with your use of a third party web site or content, regardless if they are affiliated or not. These links are provided as a convenience and information only.
Any information you disclose on these third party sites is governed by the terms and conditions of those sites and not this web site. The Owner of this site will not be held liable in any way for how your information is utilized on these third party sites.
Any transactions or interactions between the user of this site and any promotional entity or advertiser, including payment and delivery of goods or services, conditions, warranties or representation will be strictly between you and such advertiser. The Owner of this site will not be liable for such dealings.
9. NO WARRANTIES
Neither the Owner, their affiliated or related entities, nor any person involved in the creation, production or distribution of this web site warrant that this web site will operate constantly without interruption, error-free, or that defects in the site will be corrected. This site and all of its content or information contained within it is provided “as-is”. Except as expressly stated in an agreement between you and the Owner of this web site, the Owner makes no warranties or representations of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Owner specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site. The accuracy, completeness or timeliness of information obtained through this site is not warranted.
The Owner of this web site does not warrant this site or any files available for download will be free of viruses, worms, Trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security. You agree that the Owner of this web site will not be liable for any cost or damages arising directly or indirectly from such code or programming. You assume total responsibility and risk for your use of this site and the Internet. You assume total responsibility for use of this site, site-related services and hyperlinked web site. Nothing disclosed on this web site or by representative of this web site creates a warranty in any way or increases the scope of this warranty. Your implied warranty rights may vary by state, it is your responsibility to be aware of these rights and if you have additional rights or limitations.
10. LIMITATION OF LIABILITY
You expressly understand and agree that the Owner, officer, directors, agents, employees, their subsidiaries, affiliates, vendors and/or licensors and other third parties mentioned on this site shall not be liable for any direct, indirect, incidental, special, consequential or exemplary, punitive damages, including but not limited to, damages for loss of profit, goodwill, use, data, business interruption or other intangible losses (even if the Owner may have been advised of the possibility of such damages) resulting from a) the use or the inability to use services; b) the cost of procurement of substitute goods and services resulting from any goods, data, information, content or services purchased or obtained or messages received or transactions entered into through or from the services; c) unauthorized access of or alteration of your personal information, transmissions or data; d) statements or conduct of any third party; e) any other matter relating to the services.
The Owner of this web site reserves the right to report any wrongdoing, if and when they become aware of it, to any applicable government agencies. The user agrees to indemnify, defend and hold the Owner, their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys fees) resulting from your use of this web site, your breach of any provision of these terms and/or any negligent act, omissions or intentional wrongdoing by you, the user. Any such indemnification shall be conditioned on our a) notifying the user in writing of any such claim, demand, action, cost liability, loss or threat of any thereof; b) with the user’s utilization of the web site or any linked web sites; c) any action that results from content supplied by the user through this web site; d) cooperating with the user in the defense or settlement thereof; e) allowing the user to control such defense or settlement. The Owner shall be allowed to participate in such defense at the Owner’s own cost and expense.
12. GOVERNING LAW AND JURISDICTION
The content contained within this web site is presented solely for the user’s convenience and/or information. No content, images, information, data or any other materials from this web site may be exported in violation of the U.S. export laws and regulations. All matters relating to the user’s access to and the use of this web site shall be governed by U.S. federal law or the States laws of where the specific web site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding related to your access or use of the web site shall be instituted in a state or federal court in the jurisdiction in which the specific web site you are viewing is hosted.
13. OTHER GENERAL PROVISIONS
14. CONTACT OWNER OF WEB SITE
Should you have any questions or concerns regarding this Term of Use document, please submit them by clicking on the link titled “Contact Us” located on the home or index page. This information will be reviewed by the Owner and the Webmaster, and respond appropriately.