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TERMS
OF USE
THIS
IS IMPORTANT -- PLEASE READ
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION
OF ALLOWING YOU ACCESS.
READING
AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING
THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE
ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING
YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ
AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE
OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS
ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS
TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT
IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS
WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL
THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA)
OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON
OR VIEWER FOR ANY REASON. UNDER
THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS
A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT
AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION
AND FOR MANY OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION
FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES
INFORMED OF CHANGES.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or
customers, collectively 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, Visitor has no rights whatsoever to use the content
of, or portions thereof, including 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 accepting this provision is a condition
of viewing and that viewing constitutes acceptance.
OWNERSHIP
OF WEBSITE 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.
Use of website content for any reason is unlawful
unless it is done with express contract or permission
of the website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE
PROHIBITED
Unless
expressly authorized by website, no one may hyperlink
this site, or portions thereof, (including, but not
limited to, logotypes, trademarks, branding or copyrighted
material) to theirs for any reason. Further, you
are not allowed to reference the url (website address)
of this website in any commercial or non-commercial
media without express permission, nor are you allowed
to 'frame' the site. You specifically agree to
cooperate with the Website 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 responsibility for the accuracy
of the content of this website. Visitors assume all
the risk of viewing, reading, using, or relying upon
this information. Unless you have otherwise formed
an express contract to the contrary with the website,
you have no right to rely 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 FACTORS.
The
website assumes no responsibility for damage to computers
or software of the visitor or any person the visitor
subsequently communicates with from corrupting code
or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with
this site, or banners or pop-ups or advertising displayed
thereon, at his own risk.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this 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 manner with this
site, including banners, advertising, pop-ups, or downloads,
and as a condition of the website to allow his lawful
viewing, Visitor forever waives all right to claims
of damage of any and all description based on any causal
factor resulting in any possible harm, no matter how
heinous or extensive, whether physical or emotional,
foreseeable or unforeseeable, whether personal or business
in nature.
INDEMNIFICATION
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.
SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission.
All submissions, including portions thereof, graphics
contained thereon, or any of the content of the submission,
shall become the exclusive property of the Website and
may be used, without further permission, for commercial
use without additional consideration of any kind.
Visitor agrees to only communicate that information
to the Website, which it wishes to forever allow the
Website to use in any manner as it sees fit. "Submissions"
is also a provision of the Privacy Policy.
NOTICE
No
additional 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.
DISPUTES
As
part of the consideration that the Website requires
for viewing, using or interacting with this website,
Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether
in contract, tort or otherwise) arising out of or relating
to this purchase, this product, including solicitation
issues, privacy issues, and terms of use issues.
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 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
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, and travel expenses.
JURISDICTION
AND VENUE
.If
any matter concerning 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 web
owner unless otherwise here specified. City of
Meadville, Crawford County, Pennsylvania. 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
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.
LATEST
UPDATE
This
Term of Use was last updated on:
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