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Terms of Service & Legal Rights

IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE AND LEGAL RIGHTS, PLEASE EXIT THIS SITE IMMEDIATELY.  PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE INFORMATION PROVIDED HEREIN SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS.

These Terms of Service & Legal Rights govern your use of this site.  These terms constitute a legal contract and govern your access to and use of this website.

ACCESS TO SITE

YOU MUST BE 18 YEARS OR OLDER TO ACCESS THIS SITE.  IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON WHATSOEVER.

PROPRIETARY CONTENT

The material and content accessible at this site, including any copyrighted materials, trademarks, or any other content is our proprietary information and we retain all right, title, and interest in it.  Accordingly, no such proprietary information may be copied, distributed, republished, uploaded, posted, sold, transmitted, modified or otherwise take advantage of, in whole or in part, in any way without our prior written consent, or unless authorized in writing elsewhere on our site.

HYPERLINKS

We are not necessarily affiliated with the various websites that may be linked to or from this site.  Accordingly, we are not responsible for their content.  Further, any such hyperlink does not imply our endorsement of that site.  Hyperlinks are accessed at your own risk, and we make no representations or warranties about the completeness or accuracy of any content that you may encounter.

LIMITED USE

You may use this site only for the purposes expressly permitted.  You may not hyperlink to this site or use this site for any other purpose, including, but not limited to, any commercial purpose, without our prior written consent. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER.

SECURITY

You agree to treat as strictly private and confidential, any username, user ID, password, etc.  which you may receive from us, as well as any and all information to which you have access through password-protected areas of this site.  You agree to not cause or allow any such information to be communicated, copied or otherwise divulged to any other person whatsoever.  You are responsible for activities that occur under your account and you agree to immediately notify us of any unauthorized use of your account known to you.  Further, you are strictly prohibited from any activity which would comprise the security of this site.  We reserve the right to require that your password be changed and/or to terminate your account if we believe that your account has been compromised or is otherwise unsecure.

We further reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone.  By accepting these Terms of Service & Legal Rights, you agree to waive and hold harmless us from any claims resulting from our cooperation with any law enforcement authorities and any court order.

LEGAL RIGHTS

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(a) NO WARRANTIES

WE, ON BEHALF OF OUR SELF AND OUR LICENSORS AND SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OUR SELF AND OUR LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR LICENSORS OR SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WE OR OUR LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.

(b) YOUR RESPONSIBILITY FOR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK.  YOU WILL NOT HOLD US OR OUR LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

(c) LIMITATION OF LIABILITY

OUR LIABILITY, AND THE LIABILITY OF OUR LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR  LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO US OR OUR LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  ADDITIONALLY, THE MAXIMUM LIABILITY OF US AND OUR LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO US DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND US OR BETWEEN YOU AND ANY OF OUR LICENSORS AND SUPPLIERS.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  OUR LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

CHOICE OF LAW; JURISDICTION

These terms constitute a legal contract and govern your access to and use of this website.  This contract shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws.  The courts of the County of Orange, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this contract and the transactions contemplated herein.  Further, in any legal proceedings, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys’ fees, as may be fixed by the court.

GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that your use of the website and services will be in accordance with this agreement and any other of our policies, and with any applicable laws or regulations.

INDEMNITY BY YOU

You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) your breach of this agreement, including without limitation any representation or warranty contained in this agreement; (ii) your access to or use of the website or services; or (iii) your provision to us or any of the Indemnified Parties of information or other data.  Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless Indemnified Parties.  You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

CHANGES TO TERMS OF SERVICE & LEGAL RIGHTS

We reserve the right to change these Terms of Service & Legal Rights at any time.  Please refer to these Terms of Service & Legal Rights regularly to remain informed of their terms.  Your continued use of this site or the information provided herein shall indicate your consent and agreement to any changes made in these Terms of Service & Legal Rights.

TERMINATION

Either party may terminate this agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This agreement shall automatically terminate in the event that you breach any of this agreement’s representations, warranties or covenants.  Such termination shall be automatic, and shall not require any action by us. Upon termination, all rights and obligations created by this agreement will terminate, except that the following sections will survive any termination of this agreement: (1) Proprietary Content; (2) Disclaimers; Limitation of Liability: (3) General Representation and Warranty; (4) Indemnity by You; (5) Choice of Law; Jurisdiction; and (6) Miscellaneous. Termination of this agreement will not relieve you of any obligation to pay any fees owed us.

MISCELLANEOUS

This Agreement constitutes the entire agreement between us and you concerning your use of the website and services. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this agreement. Except as set forth in the section “Indemnity by You,” there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to us and our licensors and suppliers, and would therefore entitle us or our licensors or suppliers, as the case may be, to injunctive relief. The headings in this agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this agreement.