Terms of Use

1. Your Agreement to These Terms of Use

By using this website you agree to be bound by these Terms of Use and any privacy policy that we have posted on this website. If you find the Terms of Use or privacy policy to be unacceptable, you must immediately terminate your use of this website.

 

2. Revisions and Amendments  

We reserve the right to review and revise these Terms of Use and any privacy policy from time to time without prior notice. If we revise the Terms of Use or privacy policy, we will prominently display a notice on our website saying there have been changes, include a link to them and state that continued use of the website binds the user to them. By using our website subsequent to any revision of these Terms of Use or any privacy policy, you agree to be bound by such changes. If you find the changes to be unacceptable, you must immediately terminate your use of this website.  

 

3. User Conduct

a. We may make certain services available, including without limitation, e-mail, chat rooms, message boards and other community services.  By using those services you agree to abide by the provisions contained in these Terms of Use.  In consideration for our providing such services, you also agree not to: 
i. Violate any applicable law or regulation;
ii. Threaten or harass any individual or entity;
iii. Post or transmit any commercial, advertising or promotional materials, including without limitation “spam” or mass distributions;
iv. Provide false information on any registration form or impersonate another person at any point;
v. Post or transmit false messages or information.   
vi. Post any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property rights.  

b. You acknowledge that you may be sued by others if you violate any of the foregoing or:  1) post statements that are untrue, or 2) roughly speaking, post TRUE statements that either violate someone’s privacy or are found to be offensive and/or objectionable to the reasonable person and which are not of legitimate public concern, or 3) post materials that infringe others’ copyright or other intellectual property rights.

c. You acknowledge and agree that we have no liability for information posted by others.

d. If you violate any of these Terms of Use, we may, without prior notice and without liability to you, ban you from any and all services, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

e. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services. You agree to be bound by such practices. You also agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mail,  communications, postings, data or information as a result of, or arising out of, our administration of such services.

f. We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mail, message board, chat room or community service – or in any other public services – and we do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so.  We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

 

4. Purchases

a. The posted prices for any goods and services that we offer do not include taxes or shipping charges unless expressly stated otherwise. To the maximum extent permitted by law, such taxes and shipping charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the prices of goods and services from time to time. We will post any changes.

b. With respect to services that we provide, if there is a specific time length and price for those services, then that price will remain in force for such time. Your renewal or continued use of any services after such time, however, will be charged at the new price. If you are receiving services on a periodic basis (for example, monthly) with no specific ending period, then any price change will start when we indicate.  If you do not agree to such changes, then you must cancel and stop using the services before the changes are in force.  If you cancel a service, then your service ends at the end of your current service term or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.

c. If you refuse delivery of any goods or return a non-defective or undamaged product, you will be charged for actual return delivery costs and your original delivery fee is non-refundable.  If you later still wish to receive the items you will be recharged for the delivery.

d. You warrant that if you make any purchases from us that you are more than 18 years of age, not subject to the Child Online Privacy Protection Act, of legal age to enter into contractual agreements in the state, province, country, etc. in which you are present when you make the purchase, and you are the true and authorized owner of the credit card or other payment method used to make the purchase.  Any buyer who violates any of these requirements may be liable for civil or criminal prosecution, and agrees that all information collected by us may be used for prosecution and may be turned over to law enforcement agencies or to credit-card companies and merchant-service providers.

 

5. No Representations Or Warranties

a. The services provided on this website (“Services”) and the content, information, documents, graphics and images (together, “Materials”) published at this website may include inaccuracies, typographical errors or other errors. We make no commitment to correct or update what is contained in this website.  However, we reserve the right to modify, alter, discontinue or delete the Services and Materials without prior notice.  

b. TO THE FULL EXTENT PERMITTED BY LAW, THE SERVICES, GOODS AND INFORMATION ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY.   ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.  YOU HEREBY WAIVE ALL SUCH WARRANTIES.

 

6. Web Site Links

a. This website may contain links to other websites which are independent of this website.  We make no representation or warranty as to the accuracy, value, integrity, completeness or  authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the information, products or services described there.

b. Furthermore, these links to other websites may lead to sites or links that contain offensive or objectionable content or which may contain dangerous computer viruses or software. You assume, and WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THOSE SITES OR FOR ANY DAMAGE SUSTAINED BY YOUR USE OF THOSE SITES.

 

7. Confidentiality

Your confidential use of this site cannot be guaranteed by us. WE ARE NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF THIS SITE. 


8. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss or damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us. 


9. Limitation of Damages

a. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE – OR OUR OFFICERS, EMPLOYEES, ADVISORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGN – BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, GOODS, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE.  

b. THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS.  THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA.  

c. YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS AND THE  ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS. 

d. We cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. You agree that we will have no liability for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, or consequential damages.

 

10. Ownership  

All right, title and interest (including all copyrights and other intellectual property rights) in this website belong to us unless otherwise specified, except that any materials posted by users that we did not create belong to their respective owners.  In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.  


11. License

Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, to any of our intellectual property rights, or to any third party’s intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written permission. 


12. Claims of Copyright Infringement

We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, remove allegedly infringing material and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this website infringes on any copyright which you own or control, or that any link on this website directs you to another website that contains material that infringes on any copyright which you own or control, you may file with us a notification of such infringement and a request to have the material removed or otherwise blocked from access. 

 

13. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US – AND OUR OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS – FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES PROVIDED, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT. 

 

14. Governing Laws in Case of Dispute

a. THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THERE, EXCLUDING CALIFORNIA’S CONFLICTS OF LAWS RULES. ANY LITIGATION OR ARBITRATION ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE JURISDICTION AND IN THE VENUE PROPER FOR AN INDIVIDUAL RESIDING IN OAKLAND, CALIFORNIA and the Parties agree that any action relating to or arising out of this Agreement shall be instituted and prosecuted only in that jurisdiction and in that venue.  The Parties hereby expressly waive any right to a change in jurisdiction or venue and any and all objections to such jurisdiction and venue.

b. THE PARTIES AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT.  

 

15. International Use

We do not represent that all content, materials and services on our website are appropriate or available for use in all geographic locations, especially some locations outside the United States, and you acknowledge that accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You agree that you will not access the foregoing where prohibited by law.

 

16. Modification and Waiver

No modification or waiver of these Terms of Use by us will be effective unless we agree in writing.  No waiver by us will be a continuing waiver unless so stated in writing.

    
17. Arbitration

Notwithstanding any other provision to the contrary, any controversy or claim arising out of or relating to this agreement shall be settled exclusively by arbitration in Oakland, California in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply. 

 

18. Integration; Severability; General

a. These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website.  

b. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be removed from these Terms of Use to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use.  In that event the arbitrator(s) and/or the court is hereby directed by the parties to replace the legally invalid provisions with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions.  The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

c. Any litigation or arbitration arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.