Terms & Conditions of Use
Authorized Use of Site: The Site is provided for your personal and non-commercial use. Any other use of the Site requires the prior written consent of Company. Registration is not required in order to use the Site.
You agree to notify us immediately in the event of any unauthorized use of your account or password, or any other breach of the security of your account.
Use of the Site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with your attempted, alleged, or actual use of the Site.
Unauthorized Use of Site: We prohibit conduct or use of the Site that may be harmful to the Company or to other users. When you use the Site, you may NOT:
- Misrepresent or try to deceive us as to your identity or the identity of anyone else,
- Violate, infringe, or misappropriate another’s intellectual property, privacy, publicity, or other legal rights;
- Distribute, retransmit, republish, reuse, repost, or use any of the design features, logos, trade names, trademarks, or other content of the Site for public or commercial purposes with the prior written consent of Company;
- Use the Site to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site;
- Alter or interfere with the functioning of the Site in any way;
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of the Site, the Company’s or any other user’s computers or related systems;
- Attempt to circumvent any technological measure implemented by Company or any of its partners or other third parties to protect the Site;
- Frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page; or
- Resell use of, or access to, the Site to any third party.
Proprietary Rights: We or our licensors are the exclusive owners of all text, graphics, logos, trademarks, images, audio, video, and software (“Content”) on the Site, as well as all copyrights and other intellectual property or proprietary rights contained on or used in connection with the Site.
You agree not to copy, distribute, modify, make derivative works of, or use any Content without the prior written consent of the owner of such materials. Even if you receive consent in writing to any use, you may not use our Content, including but not limited to any trademarks, in any manner that is likely to cause confusion among our customers or other third parties, or in any manner that disparages us or discredits us.
No Unsolicited Ideas: We do not accept any unsolicited ideas from outside the Company including without limitation suggestions about new products or changes to existing products, advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, though the Site or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Third Party Links: The Site may contain links to other websites not maintained by us. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. The existence of a link between the Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
No Warranties: THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states:
“a general release does not extend to claims THAT the creditor OR RELEASING PARTY does not know or suspect to exist in his or her favor at the time of executing the release AND THAT, If known by him or her, WOULD have materially affected his or her settlement with the debtor OR RELEASED PARTY.”
If you are dissatisfied with any portion of Site, or with any part of the Terms & Conditions or your transactions with us, your sole and exclusive remedy is to discontinue using Site and stop initiating transactions with us. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms & Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.
American Arbitration Association 800-778-7879 (toll-free) Website: www.adr.org
Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted below, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.
As a limited exception to this agreement to arbitrate, you and Company agree that you may take claims to small claims court if your claims qualify for a hearing by such court. Any legal dispute not subject to arbitration hereunder will be heard in the state or federal courts of Kern County, California, and you and Company agree to submit to the personal jurisdiction of those courts.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action And Jury Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Availability of Site and Services: Company makes no guarantees whatsoever as to the availability of the Site or the services provided through the Site. The Site may be unavailable for various reasons including, without limitation, scheduled maintenance and unplanned outages or malfunctions. Company is not responsible for any loss incurred by you if the Site is unavailable, including without limitation any loss of data, information, or accounts.