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.
HYPER LINKING 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. North
Bergen, Hudson County, New Jersey. 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.