Legal and Terms of use:
We offer this website, subject to the following terms and conditions ("Agreement").
Please read this Agreement carefully before using this website. By using this website,
you accept the terms and conditions set forth in this Agreement. If you do not agree
to the terms and conditions set forth in this Agreement, you must not use this website.
We may at any time, at our sole discretion, update and revise this Agreement by
posting an amended Agreement on this website; any changes that we make to this Agreement
will be effective immediately upon posting. Please check this page periodically
for changes to the Agreement; you will be able to determine if this Agreement has
been changed since your previous visit by viewing the "Last Updated" information
that appears at the top of this Agreement. Your use of this website following the
posting of any changes constitutes acceptance of those changes.
You must be at least 21 years of age to use this website. If you are not at least
21 years old, you must not access or use this website.
This website's terms and conditions are directed to residents of the United States.
Code of Conduct. While using this website and/or the Site Materials, you agree not
to:
Restrict or inhibit any other visitor from using this website, including, without
limitation, by means of "hacking," "denial of service" attacks or defacing any portion
of this website;
Use this website or the Site Materials for any unlawful or unauthorized purpose;
Express or imply that any statements you make are endorsed by us, without our prior
written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes
on our or any third party's intellectual property or other rights; (b) any material,
non-public information about us, any of our licensees or affiliates, or any third
party without the authorization to do so; (c) any trade secret of ours, any of our
licensees or affiliates, or any third party; or (d) any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile,
or disassemble any portion of this website or the Site Materials;
"Frame" or "mirror" any part of this website without our prior written authorization;
Tamper in any way with the software or functionality of this website, including,
without limitation, transmitting or posting any software or other materials to this
website that contains any viruses, time bombs, Trojan horses, worms, cancel bots
or other computer programming routines that may damage, interfere with, intercept,
or expropriate any system, data, or information;
Use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or in any way reproduce or circumvent
the navigational structure or presentation of this website or its contents;
Harvest or collect information about visitors to this website without their express
consent;
Create a database by systematically downloading and storing all or any of the information
on this website;
Make postings of a commercial nature; or
Permit others, including those whose accounts were terminated, to access this website
through your account, username or password.
In addition, while using this website and/or the Site Materials, you agree to comply
with all applicable laws, rules, and regulations.
Links. This website may contain links to other Internet websites and online resources.
Links on this website to other websites or resources shall not be construed as endorsement,
control, review or approval of such other websites by us. You acknowledge and agree
that we shall not be held responsible for the legality, accuracy, or inappropriate
nature of any content, advertising, products, services, or information located on
or through any other websites, nor for any loss or damages caused or alleged to
have been caused by the use of or reliance on any such website or content. Further,
the treatment of user data by the operators of third party websites may be different
from our treatment of user data. For details regarding such operators' treatment
of data about users, you must review their privacy policies or terms and conditions
of use or contact them for this information.
Use of "Cookies" and Other Tracking Technologies. We may use cookies and other technologies
to facilitate and track your use of services offered on this website and in connection
with our e-mail communications. For more information on our use of such technology,
please see the privacy policy accessible via a link provided at the bottom of the
homepage of this website.
Accuracy of Information. Although we strive to ensure the accuracy of the information
found on this website, neither we, nor our affiliates, licensees, suppliers, or
agents, can be held responsible by you for the accuracy of such information. It
is solely your responsibility to evaluate the accuracy, completeness, and usefulness
of all information provided on this website.
Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE
OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN
YOU AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS,
ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN
A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A PARTICULAR
PRODUCT OR SERVICE, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR
THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING
AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE,
OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS,
WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE
ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT
BETWEEN YOU AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS
WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises between any information posted on this
website, this Agreement, and/or any contract you have with us, the terms of your
contract with us will prevail over this Agreement and the information posted on
this website, and this Agreement will prevail over information posted on this website.
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT
NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL
LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED
COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM
OR OTHERWISE ARISING IN CONNECTION WITH:
THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING
FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS
WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES,
OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE;
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER
FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES),
VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES,
FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL
LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS
WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE SERVICES OR GOODS IN CONNECTION
WITH, OR RESERVED OR ORDERED THROUGH, THIS WEBSITE; OR
LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF
THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS CONTAINED
WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE
Void Where Prohibited. Although this website is accessible worldwide, not all products
or services discussed or referenced in this website are available to all persons
or in all geographic locations or jurisdictions. In addition, restrictions may apply
to use of products or services obtained in one jurisdiction in other jurisdictions.
Those who choose to access this website from locations outside the United States
or Canada do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
You may not use or export the Site Materials or products and services available
through this website in violation of U.S. export laws and regulations. We, and our
affiliates, licensees, suppliers and agents, reserve the right to limit the availability
of this website and/or the provision of any product or service to any person, geographic
area or jurisdiction it so desires, at any time and in our sole discretion.
Applicable Law. Except to the extent expressly provided otherwise herein, this Agreement
(including any of our policies referred to herein) shall be governed by and construed
in accordance with the laws of the State of California in the United States. Specifically
excluded from application to this Agreement is that law known as the United Nations
Convention on the International Sale of Goods. If you are a citizen or resident
of the United States, a U.S. commonwealth or a U.S. territory, or if you are accessing
this website from the United States, or if a dispute action arises from your access
to or use of the U.S. version of this website, you hereby agree that any disputes
arising under or in connection with this Agreement, this website, any products and
services related to this website and/or the Site Materials shall be submitted for
resolution to either the U.S. District Court for the District of California located
in the City of San Fernando in California or a state court located in Los Angeles
County in California, and you hereby waive any jurisdictional, venue, or inconvenient
forum objections to such courts.
This Agreement has been written in English, and you waive any right you may have
under any laws to have this Agreement written in any other language. You represent
that you have the ability to read and write in English and you have read and understood
this Agreement. If this Agreement is translated into a language other than English,
the English version and interpretation shall govern and prevail. All communications
between the parties hereunder shall be in English.
Other General Provisions. We reserve the right to immediately terminate your access
to and use of this website or any portion thereof, or to eliminate any content,
feature or service of this website, at any time and for any reason, with or without
cause. Headings found in this Agreement are for reference only. A party's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. This, together with
any of our policies referred to herein, is the entire Agreement between you and
us relating to the subject matter herein and supersedes any and all prior or contemporaneous
written or oral Agreements between you and us regarding the same subject matter
(except other written, fully-executed contracts between you and us). Neither the
course of conduct between you and us, nor trade practice shall act to modify any
provision of this Agreement. If any provision of this Agreement is held to be invalid
or unenforceable, such determination shall not affect such provision in any other
respect or any other provision of this Agreement, which shall remain in full force
and effect. This Agreement is not assignable, transferable or sub licensable by
you except with our prior written consent.