Terms of Use
Overview
Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use (“Terms of Use”), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site.
Modification of The Site and These Terms & Conditions
Site owner reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.
Copyright
All content, text, images and other materials on the Site are either owned or licensed by the Site owner or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy or display or post any content, text, images or other materials offered via this Site on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via this Site.
Trademark
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Site owner, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Site owner, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.
Links to Third Party Sites
Site owner may contain links to web sites operated by third parties other than Site owner. Such links are provided for your reference only. Site owner does not control such web sites, and is not responsible for the contents of these web sites. Site owner’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
Privacy
Site owner respects the privacy of users of its Site. Please refer to Site owner’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by Site owner by clicking here.
Forms, Registration and Passwords
If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Site owner with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify Site owner immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Site owner. You acknowledge and agree that Site owner, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.
Site owner cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Monitoring
Site owner has no obligation to monitor this Site or any portion thereof. However, Site owner reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the “Forums” portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Site owner does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.
Site owner has no obligation to display or post any content, text, images, files, information or other materials provided by you. Site owner reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that Site owner deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. Site owner shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by Site owner or any other party.
Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Site owner will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Site owner’s trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the “Intellectual Property”) or any act or omission by you that may impair the goodwill associated with the Intellectual Property.
Indemnification
You agree to indemnify, defend and hold harmless Site owner, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations.
Enforcement
You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you will be Orange County, California, USA. These Terms of Use and the relationship between you and Site owner will be governed by the laws of the State of California as if you signed these Terms of Use in California. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.Limitation of LiabilityNEITHER SITE OWNER NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SITE OWNER OR A SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY SITE OWNER OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITE OWNER AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SITE OWNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Personal & Non-Commercial Use Limitation
This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of Site owner or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Site owner-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Site owner licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Site owner’s express prior written consent.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN SITE OWNER AND YOU, EXCEPT FOR THESE TERMS OF USE, THE SITE OWNER PRIVACY POLICY AND THE SITE OWNER FORUM TERMS OF USE. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. SITE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO SITE OWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
General
Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site owner as a result of this agreement or use of this Site. Site owner’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Site owner’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Site owner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Site owner with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Site owner with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read them carefully. By using this Site, you agree to these Terms of Use (“Terms of Use”), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information or products from this Site.
Modification of The Site and These Terms & Conditions
Site owner reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.
Copyright
All content, text, images and other materials on the Site are either owned or licensed by the Site owner or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy or display or post any content, text, images or other materials offered via this Site on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via this Site.
Trademark
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Site owner, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Site owner, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.
Links to Third Party Sites
Site owner may contain links to web sites operated by third parties other than Site owner. Such links are provided for your reference only. Site owner does not control such web sites, and is not responsible for the contents of these web sites. Site owner’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
Privacy
Site owner respects the privacy of users of its Site. Please refer to Site owner’s Privacy Policy for information on users’ rights and responsibilities with respect to information collected by Site owner by clicking here.
Forms, Registration and Passwords
If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Site owner with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify Site owner immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Site owner. You acknowledge and agree that Site owner, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.
Site owner cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Monitoring
Site owner has no obligation to monitor this Site or any portion thereof. However, Site owner reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the “Forums” portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Site owner does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.
Site owner has no obligation to display or post any content, text, images, files, information or other materials provided by you. Site owner reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that Site owner deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. Site owner shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by Site owner or any other party.
Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Site owner will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Site owner’s trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the “Intellectual Property”) or any act or omission by you that may impair the goodwill associated with the Intellectual Property.
Indemnification
You agree to indemnify, defend and hold harmless Site owner, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your use of the Site, including, without limitation any content, images, information or other materials submitted or transmitted by you via the Site, (2) any use of any Password chosen by or issued to you, or (3) any violation by you of: (a) these Terms of Use, (b) any other terms, guidelines or rules applicable to the Site, (c) any rights of any other person or entity, and (d) and any applicable laws, rules or regulations.
Enforcement
You hereby agree that the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you will be Orange County, California, USA. These Terms of Use and the relationship between you and Site owner will be governed by the laws of the State of California as if you signed these Terms of Use in California. The provisions of these Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.Limitation of LiabilityNEITHER SITE OWNER NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SITE OWNER OR A SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY SITE OWNER OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITE OWNER AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SITE OWNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Personal & Non-Commercial Use Limitation
This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of Site owner or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Site owner-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Site owner licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Site owner’s express prior written consent.
Liability Disclaimer
ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN SITE OWNER AND YOU, EXCEPT FOR THESE TERMS OF USE, THE SITE OWNER PRIVACY POLICY AND THE SITE OWNER FORUM TERMS OF USE. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. SITE OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOU WARRANT TO SITE OWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.
General
Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site owner as a result of this agreement or use of this Site. Site owner’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Site owner’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Site owner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Site owner with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Site owner with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
