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Terms Of Use

Terms of Use and Service – Legal Notices

Welcome to our Web site (“Site”). Please review the following
basic terms that govern your use of our Site. Your use of our Site constitutes
your agreement to follow and be bound by these terms (the “Agreement”).

ACCESS TO THIS SITE
You must be eighteen (18) years or older to access this website. If you
are under the age of eighteen, you are not permitted to access this
website for any reason whatsoever. Due to the age restrictions for use
of this website, no information obtained by this website falls within
the Child Online Privacy Act (COPA) and is not monitored as doing so.

ACCEPTABLE USE POLICY
Users of our Site must comply with this Acceptable Use Policy. By using the
Site, you agree to comply with this Policy and to indemnify us
against any claims by you or third parties arising from your violation of
this Policy. In general, you must exercise judgment and responsibility with
respect to your use of our Site. You may only use the Site for lawful purposes
and may not use the Site to harm others. Without limiting the generality
of the foregoing, you may not:

  • Use the Site in violation of any law or regulation governing our
    business or activities, including without limitation the laws and regulations
    governing unfair competition, false advertising, consumer protection,
    obscenity, spamming, and privacy.
  • Use the Site in a manner that presents a security risk or that may
    interfere with the operation of the Site.
  • Use the Site in a manner that infringes another’s copyrights, patents,
    trademarks, service marks, trade names, trade secrets, or other intellectual
    property rights, or rights of publicity.
  • Use the Site to engage in libel, defamation, harassment, misappropriation
    of trade secrets, intentional misrepresentation or fraud, or wrongful
    publication of private information.
  • Post or transmit any unlawful, threatening, libelous, defamatory,
    obscene, inflammatory, pornographic, profane material, hate speech,
    or any material that could constitute or encourage conduct that would
    be considered a criminal offense, give rise to civil liability, or
    otherwise violate any law.
  • Introduce viruses, trojan horses, worms, or other computer programming
    routines that damage, interfere with, intercept, or expropriate any
    system, data, or personal information.
  • Use the Site to gain illegal or unauthorized access to other computers
    or networks through hacking or other means.
  • Assist or permit any person to engage in any of the activities described
    above.

SITE CONTENT
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, testimonials, menus, and other materials
that appear as part of this Site (collectively, the “Contents”) are copyrights,
trademarks, and/or other intellectual property owned, controlled, or licensed
by us, and/or its subsidiaries and their
affiliates (collectively, “our”).
The Site as a whole is protected by copyright and trade dress, all worldwide
rights, titles and interests in and to which are owned by us.

The Contents of our Site, and the Site as a whole, are intended solely
for personal, noncommercial (other than for the purchase of merchandise
or services from our site) use by the users of our Site. You may download
or copy the Contents and other downloadable materials displayed on the
Site for your personal use only. No right, title, or interest in any
downloaded materials or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any way,
in whole or in part, any of the Contents, the Site, or any related software.

POSTINGS
We may from time to time monitor, review, and in its discretion edit
or delete, discussions, chats, and postings on our Site; however, We are under no obligation to do so and assumes no responsibility or liability
arising from the content of any such transmissions or for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography, profanity, hate
speech, danger, illegality or inaccuracy contained in any information transmitted
to any such locations on our Site. We will cooperate with law enforcement
or a court order requesting or directing our to disclose the identity
of anyone posting any information or material prohibited by this Policy.
We may also disclose such information if such disclosure is reasonably
necessary to protect the rights, property, or personal safety of us,
our clients, or the public.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed,
submitted, or offered to us on or by this Site or otherwise disclosed,
submitted, or offered in connection with your use of this Site or otherwise
(collectively, “Comments”) shall be and remain our property. Such
disclosure, submission, or offer of any Comments shall constitute an assignment
to us of all worldwide rights, titles, and interests in all copyrights
and other intellectual property in the Comments. Thus, we will own
exclusively all such rights, title, and interest and shall not be limited
in any way in its use, commercial or otherwise, of any Comments. We
are and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3) to respond to
any Comments.

You agree that we may use and/or disclose information about
your demographics and use of the Site in any manner that does not reveal
your identity. By participating in Site contests, promotions, and/or
requesting promotional information or product updates, you agree that
our may use your information for marketing and promotional purposes.

OUR COMMUNICATIONS
TO YOU

You agree that we may send electronic mail to
you for the purpose of advising you of changes or additions to this Site,
about any of our products or services, or
for such other purpose(s) as we deem appropriate.

LINKS TO OTHER SITES
For your convenience and enjoyment, our Site may provide links to web sites
that are not operated by us. These links do not mean
that we endorse, approve, or sponsor the linked
site or any information, products, or services contained in such site, nor
are we liable for any damage that might result from
your use of such information, products, or services. We are not responsible
for the products, services, content and/or policies of any third-party sites that we may link
to. Links to other websites are accessed at the user’s own risk.

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL
COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WE SHALL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
WE DO NOT GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING ON THE INTERNET WILL
BE FREE OF TROJAN HORSES, WORMS, VIRUSES, OR ANY OTHER CODE OR PROGRAMS THAT
MAY BE HARMFUL OR DESTRUCTIVE. YOU ARE SOLELY RESPONSIBLE FOR TAKING SUFFICIENT
PROCEDURES AND MEASURES FOR YOUR EQUIPMENT. WE DO NOT ASSUME ANY RESPONSIBILITY
OR RISK FOR YOUR USE OF THE INTERNET.

LIMITATION ON LIABILITY
This sites, its affiliates, service providers,
subsidiaries, content providers, employees, officers, agents, and directors
will not be liable for any damages whatsoever, including but not limited
to, direct, indirect, incidental, actual, punitive, special, exemplary,
consequential, or other damages, including but not limited to, emotional
distress, pain and suffering, loss of revenue or income, or similar
damages, even if we have been advised of the possibility of such damages.
In no event will the collective liability of us,
our affiliates, service providers, subsidiaries, content providers,
employees, officers, agents, and directors to any party regardless
of the form of action (tort, contract, or otherwise) exceed the amount
you have paid us for services, products, information, or content, or
$1 (whichever is greater), out of which the liability arose.

INDEMNITY
You will indemnify and hold harmless this site,
its affiliates, service providers, subsidiaries, content providers,
employees, officers, agents, and directors (know hereinafter as “Indemnified
Parties”) from
any breach of these terms of use and service by you, including any use
of content other than that expressly authorized in this terms of use
and service. You agree that Indemnified Parties will have no liability
in connection with any such unauthorized use or breach, and you agree
to indemnify all or any costs, awards, judgments, loss, expenses, damages,
and attorney’s fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold harmless Indemnified Parties from and
against any claims brought by third parties arising out of the your use
of the information accessed from this site.

INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical
errors, inaccuracies, or omissions. We may correct errors, inaccuracies,
or omissions and change or update information at any time without notice.
We apologize for any inconvenience this may cause you.

TERMINATION
This Agreement is effective unless and until terminated by either you or us.
You may terminate this Agreement at any time. We may
terminate this Agreement at any time without notice and deny you access to
the Site, if in our sole discretion you fail to comply
with any term or provision of this agreement. A termination by us
under the previous sentence shall not limit our other
rights and remedies available under law or equity. Upon any termination of
this agreement by either you or us, you must promptly
destroy all materials downloaded or otherwise obtained from this Site, as
well as all copies of such materials, whether made under this agreement or
otherwise.

GENERAL
We may change, move, or delete portions of, or may add to, the Site from time
to time and without notice. Your use of the Site following any such change
constitutes your agreement to follow and be bound by the terms as changed.

SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.

NO WAIVER
A failure on the part of us to enforce any part of this agreement
shall not constitute a waiver of any of our rights under this agreement,
whether for past or future actions on the part of any person. Only a specific
written waiver signed by our authorized representative shall
have legal effect.

MISCELLANEOUS
Unless otherwise specified and except to the extent our
products or services are offered for sale in the United States through this
Site, this Site and the Contents thereof are displayed solely for the purpose
of promoting our products and services available
in the United States and select foreign markets.

This Agreement shall be construed in accordance with the laws of the
State of California, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively
by the state and federal courts located in Santa Clara County, California.