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Terms and Conditions |
Agreement between user and The Organization |
This
web site is offered to the user conditioned on
acceptance by the user ("User" or "you") without
modification of the terms, conditions, and notices
contained herein. By accessing and using this web
site, the User agrees to be bound to all such terms,
conditions, and notices (the "Agreement").
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Use of this website |
This
website is for the User's personal, noncommercial
use only. User agrees not to modify, copy, alter,
distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from,
transfer, or sell any information, software,
products or services obtained from this website
without the prior written permission of the
Organization. User agrees not to use any device or
manual process to monitor or copy this web site or
the content contained therein or for any other
unauthorized purpose without the prior written
permission of the Organization. User agrees not to
use any device, software or routine to interfere
with or attempt to interfere with the proper working
of this website or any activities conducted on this
site. User agrees not to take any action that
imposes an unreasonable or disproportionately large
load on our infrastructure. The Organization
reserves the right to investigate any illegal and/or
unauthorized use of this website, including, but
not limited to, unauthorized framing of this website or unauthorized use of any automated device,
and to take appropriate legal action, including,
without limitation, civil, criminal and injunctive
redress. |
Liability disclaimer |
The
information, software, products, and services
published on this website may include inaccuracies
or typographical errors. Changes are periodically
added to the information herein. The Organization
and/or its affiliates may make improvements and/or
changes in this website at any time. The
Organization and/or its affiliates make no
representations about the suitability of the
information, software, products, and services
contained on this website for any purpose. All such
information, software, products, and services are
provided “as is” without warranty of any kind. The
Organization and/or its affiliates hereby disclaim
all warranties and conditions with regard to this
information, software, products, and services,
including all implied warranties and conditions of
merchantability, fitness for a particular purpose,
title and non-infringement. In no event shall the
Organization and/or its affiliates be liable for any
direct, indirect, punitive, incidental, special or
consequential damages arising out of or in any way
connected with the use of this website or with the
delay or inability to use this website, or for any
information, software, products, and services
obtained through this website, or otherwise arising
out of the use of this website, whether based on
contract, tort, strict liability or otherwise, even
if the Organization and/or its affiliates has
been advised of the possibility of damages. Because
some States/jurisdictions do not allow the exclusion
or limitation of liability for consequential or
incidental damages, the above limitation may not
apply to you. |
Links to third party websites |
This
website may contain links and pointers to Internet
sites maintained by third parties. The Organization
does not operate or control in any respect any
information, products or services on such
third-party sites. Third party links and pointers
are included solely for the convenience of users,
and do not constitute any endorsement by the
Organization and/or its affiliates. User assumes
sole responsibility for use of third party links and
pointers. |
Indemnity |
As a
condition of use of this website, the User agrees
to indemnify the Organization and/or its affiliates
from and against any and all liabilities, expenses
(including attorney's fees) and damages arising out
of claims resulting from User's use of this website, including without limitation any claims
alleging facts that if true would constitute a
breach by User of these terms and conditions. |
Use of Bulletin Board, Surveys and Other Communications Forums |
To
the extent that this web site contains bulletin
boards, chat rooms, survey or other communication
facilities (“forums”), the User agrees to use such
forums only to send and receive messages and
material that are proper and related to the
particular forum. By way of example, and not as a
limitation, the User agrees that when using a forum,
the User shall not:
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Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
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Publish, post, distribute or disseminate any
defamatory, infringing, obscene, indecent or
unlawful material or information.
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Upload files that contain software or other
material protected by intellectual property laws
(or by rights of privacy of publicity) unless
the User owns or controls the rights thereto or
has received all necessary consents.
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Upload files that contain viruses, corrupted
files, or any other similar software or programs
that may damage the operation of another's
computer.
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Delete any author attributions, legal notices or
proprietary designations or labels in any file
that is uploaded.
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Falsify the origin or source of software or
other material contained in a file that is
uploaded.
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Advertise or offer to sell any goods or
services, or engage in surveys, contests, chain
letters or for any commercial purpose.
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Download any file that the User knows, or
reasonably should know, cannot be legally
distributed via this web site.
User
agrees to (as available) send and receive electronic
mail, engage in conferences and chats, download and
upload files, and otherwise use this website only
as permitted by these terms and conditions, any
additional policies or procedures published in this
website from time to time by the Organization, and
applicable law. The Organization reserves the right
for any reason to remove without notice any contents
of this website received from users, including
without limitation bulletin board postings. The
Organization reserves the right to deny in its sole
discretion any user access to this web site or any
portion thereof without notice. The Organization
reserves the right to edit any notices or postings
for clarity and length. The User acknowledges that
chats, conferences, bulletin boards and any other
such communications forums hosted by this web site
are public and not private communications. Further,
the User acknowledges that chats, postings,
conferences, and other communications by other users
are not endorsed by the Organization, and such
communications shall not be considered reviewed,
screened, or approved by the Organization. |
General |
The
Organization reserves the right to make any and all
changes to this website at its sole discretion
without notice to the User. The Organization also
reserves the right to deny access to this website
to anyone at anytime. This Agreement shall be deemed
to include all other notices, policies, disclaimers,
and other terms contained in this web site;
provided, however, that in the event of a conflict
between such other terms and the terms of this
Agreement, the terms of this Agreement shall
control.
This
Agreement is governed by the laws of the State of
California, without reference to conflicts of laws
provisions. User consents to the exclusive
jurisdiction and venue of courts in the City and
County of San Bernardino, California in all disputes
arising out of or relating to the use of this web
site. Use of this website is unauthorized in any
jurisdiction that does not give effect to all
provisions of these terms and conditions, including
without limitation this paragraph.
Any
rights not expressly granted herein are reserved.
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