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The following describes the terms and conditions (the "Terms and Conditions") on which We offer you the information (including the Intellectual Property [as defined below]), services and products on Our web site and related web pages (collectively, the "Services").
We reserve the right to modify, amend or restate the Terms and Conditions from time to time with or without prior notice.
Your use of this web site and any Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms and Conditions. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms and Conditions, not to use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services.
Intellectual Property
This web site contains material which is derived in whole or in part from materials supplied by Us and various other sources. This web site, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
Rights Reserved
All present and future rights in and to the Intellectual Property and other proprietary rights of Us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and Us, at all times be and remain the sole and exclusive property of Us.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold Us, Our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity. We reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Access Outside the United States
We make no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws.
General Disclaimer
We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. If We ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Our reasonable control. We may freely assign or update this agreement.
