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Terms Of Service
www.HomeschoolBlogger.com TERMS OF USE
www.HomeschoolBlogger.com (“Website”) appreciates your interest in using our website. Use of
Website constitutes agreement with the following Terms of Use (“Terms of Use”).
1.
Users. Any person accessing or using Website is a “User” for purposes of the Terms of
Use, whether or not User has created a personal account or posted information on Website.
2.
General Disclaimer. Website contains weblogs (“Blogs”), message boards, facts, views,
opinions, statements, recommendations, advertisements, promotions and other content and
links to external websites not owned or controlled by Website or its parent company, The Old
Schoolhouse Magazine, LLC (“Company”) (collectively, “Website Content”). Company and
Website make no warranties or representations as to the accuracy, safety or value of Website
Content created, published, displayed, uploaded, downloaded or distributed in, on or through
Website or other Company publications, including without limitation other websites owned by
Company, and assume no liability or responsibility for errors or omissions in Website Content.
Website and Company accept no responsibility for the actions of any User or third party or
for Website Content created, provided, uploaded, linked or posted by any User or third party,
including without limitation the content of Blogs or message boards or comments posted in
response to Blogs or on message boards. Website Content does not necessarily reflect the
views, opinions or recommendations of Company or Website and any reliance upon Website
Content is taken at User’s sole risk.
3.
Acceptance of Terms of Use. Use of Website indicates User’s complete acceptance of
and agreement to be bound by the Terms of Use. Website is owned and operated by Company
and provided for use by individual Users pursuant to the specific terms and conditions of the
Terms of Use and other policies, rules, procedures and practices established, posted and
modified by Company and Website from time to time.
4.
Description of Service. Website provides User with various publishing and community
services, including without limitation the opportunities to register for a personal account with
Website, create a hosted Blog on Website, post information and comments to various portions
of Website, participate in Internet-based discussions and access Website Content. Website
will post notices describing all relevant fees, terms, conditions and requirements. Only Users
who register for a personal account with Website and click “I AGREE TO THE TERMS OF USE”
are permitted to create, provide, upload, link or post Material (as defined in Paragraph 14) on
Website. User is personally responsible for obtaining, providing and maintaining (a) access to the
Internet, including without limitation payment of telephone, cable or other connection and service
fees associated with Internet access and (b) all equipment required to access and use Website
and the Internet, including without limitation access to a computer and modem. Company
and Website accept no responsibility or liability for the ability or inability of any User to access
Website. Company and Website do not control Website Content and accept no responsibility for
the actions of Users or third parties or for Website Content provided, uploaded, linked or posted
by Users or third parties, including without limitation the content of Blogs or comments posted in
response to Blogs.
5.
Personal Use Only. Website and related services are made available to User for
personal, non-commercial use only. User may create, provide, upload, link or post Material
only in and on permitted portions of Website and may only edit, alter, overwrite, block or delete
Website Content (a) originally created, provided, uploaded, linked or posted by User and (b)
pursuant to the express provisions of the Terms of Use and other posted Website policies, rules,
procedures and practices. User may not frame or otherwise alter the appearance or functionality
of Website. User may not use Website or an individual User account, Blog, comment or Material
created, provided, uploaded, linked or posted by User to sell or advertise a product or service,
including without limitation other Internet websites or businesses, without the advance written
consent of Company and Website. Company and Website reserve the sole, exclusive and
discretionary right to determine what constitutes “selling” and “advertising” on Website. User may
not take, appropriate, publish, reproduce, or use all or any part of Website, with the exception
of Material originally created by User, for any purpose without the advance written consent of
Company, Website or the legal owner of the relevant Website Content or Material.
6.
No Mirroring. Use of Website to “mirror” another website, including without limitation
another blog, or to point, direct, refer or channel readers from Website to another website or blog,
whether or not owned or operated by the User, is expressly forbidden by these Terms of Use and
grounds for immediate cancellation of both the violating Blog and the User’s personal account.
Users may not create or use Website, User Accounts or Blogs for purposes of advertising,
promoting, or directing readers, other users or third parties to websites or blogs hosted, posted
or operated by the User at URLs which are not part of HomeschoolBlogger. This paragraph
shall not apply to standard sidebar links or internal links and references contained in articles and
blog entries posted by Users for purposes of referencing individual websites or blogs owned and
operated by third parties other than the linking User, and is intended specifically to prevent Users
from creating Blogs on Website for purposes of promoting or directing traffic to those Users’
other, independent blogs and websites.
7.
Changes to Terms of Use. Company and Website may change the Terms of Use from
time to time and will notify Users of significant changes in the Terms of Use by posting a notice
on Website. Minor changes to the Terms of Use will be posted in the “Terms of Use” section
of Website. Users are responsible for reviewing the Terms of Use regularly. Use of Website
indicates User’s full and complete agreement to each and every one of the current Terms of Use
as if User had signed a written document containing the Terms of Use.
8.
Modifications of Service. Company and Website reserve the sole and exclusive right
to change, suspend or terminate www.HomeschoolBlogger.com and all related websites and
services at any time and from time to time with or without prior notice. Company and Website are
not liable to User or any third party for any change to, suspension or termination of Website or
related websites and services.
9.
Loss of Information. Company and Website assume no responsibility or liability for
deletion of or failure to store Website Content or Material created, provided, uploaded, linked or
posted in, on or through Website. Company and Website have no fixed limit on the amount of
Material a User may create, provide, upload, link or post but retain the exclusive, discretionary
right to create, implement and enforce these or other limitations at any time, with or without cause
or prior notice.
10.
Right to Terminate Service. Company and Website reserve the right to (a) suspend or
terminate all or any part of the password, account, Blog, use privileges and Website access of
any User and (b) suspend, delete, block out or eliminate any Website Content, including without
limitation Blog and message board content, at any time and for any reason, including without
limitation a determination by Company or the Website administrator that a User has engaged in
conduct which violates the letter or spirit of the Terms of Use or any other Website policy, rule,
procedure or practice. Suspension, termination, deletion, blocking and similar actions may be
temporary or permanent at the sole discretion of Company and Website. User understands and
agrees that suspension and termination rights referenced in the Terms of Use may be exercised
at any time with or without cause or prior notice and may include full deactivation or deletion of
all Material and Website Content, including without limitation files created, provided, uploaded,
linked or posted by User. Company and Website have no responsibility to provide User with
copies of any suspended, deleted, blocked, terminated or eliminated Material or Website Content.
11.
Privacy Policy. The Terms of Use include and incorporate the terms of the
www.HomeschoolBlogger.com Privacy Policy (“Privacy Policy”) which
is incorporated by this reference as if fully set forth herein. Company and Website respect the
privacy of Users. Company and Website will not disclose, edit or monitor the name or contact
information of any User except as reasonably required (a) by law or to comply with legal process
served on Company or Website, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy
and other Website policies, rules, procedures and practices, (c) to develop, improve, operate,
maintain and debug Website or (d) to protect and defend the rights, property and personal safety
of Company, Website, Users or members of the public.
12.
Passwords and Security. Users who register for a personal account with Website will
receive a password and other account information, some of which may be selected or provided
by User. User is completely responsible for all activities occurring under or arising out of personal
accounts registered to, for or by User, with no exceptions. User agrees to immediately notify
Website of any unauthorized use of User’s personal account or any other known breach of the
Terms of Use. User is completely responsible for maintaining the confidentiality and security
of passwords and personal account information. User may change the password assigned to
User’s personal account pursuant to instructions posted on Website. User may close existing
personal accounts and set up new personal accounts at will, provided that a User may not close
an existing personal account or open a new personal account (a) for any reason or purpose
which would violate or circumvent the Terms of Use or any posted policy, rule, procedure or
practice of Website or Company, (b) to commit any illegal act or misrepresent the identity of User
or any third party or (c) to re-establish an account or access to Website by or on behalf of any
individual whose use privileges have been suspended or terminated by Company or Website for
any reason.
13.
Advertising and Promotions. Website may feature Website Content, including without
limitation advertisements and promotions, by or from third parties not owned or operated
by Company and Website. User agrees to the publication and display of advertisements
and promotions on all portions of Website, including without limitation portions of Website
displaying Material or Website Content created, provided, uploaded, linked or posted by User.
User agrees not to block, interfere or attempt to block or interfere with any Website Content.
User understands and agrees that User is not entitled to editorial control, compensation or
consideration of any kind relating to or arising out of Website Content. User may contact,
communicate, contract with or participate in promotions offered by advertisers and other third
party providers of Website Content. USER HEREBY RELEASES COMPANY AND WEBSITE
FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS
AND OTHER RELATIONSHIPS BETWEEN USER AND ADVERTISERS OR OTHER THIRD
PARTIES NOT OWNED BY COMPANY, INCLUDING WITHOUT LIMITATION LIABILITY
FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES
AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR
OTHER THIRD PARTIES. Company and Website assume no responsibility, obligation or liability
for contacts, communications, contracts, promotions or relationships between User and any
advertiser or other third party.
14.
Profanity Filter. User understands and agrees that Company and Website may employ
an automatic, electronic “profanity filter” in order to enforce provisions in the Terms of Use
prohibiting the use of profane and obscene language. User understands that use of the profanity
filter may result in deletion or elimination of profane and obscene language, failure to delete
or eliminate all profane or obscene language and the unintentional deletion or elimination
of language which is neither profane or obscene and agrees to hold Company and Website
harmless from and against all responsibility and liability resulting from or arising out of the proper
or improper functioning of the profanity filter.
15.
User Responsibility for Use and Content. User understands and agrees that Company
and Website do not control Website Content and that User is completely responsible for all
information, data, text, messages, original or derivative ideas, works of authorship, joint works,
titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts,
methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress
and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or
similar laws, solely or jointly conceived, and whether or not produced, developed, experimented
upon or reduced to practice (collectively, “Material”) and other Website Content created, provided,
uploaded, linked or posted by User. Company and Website neither endorse nor accept any
responsibility for the acts, omissions, Material and other Website Content created, provided,
uploaded, linked or posted by User or any third party, whether or not permitted or covered by the
Terms of Use.
16.
User Conduct. Use of Website by User is subject to the Terms of Use, posted policies,
rules, procedures and practices of Website and applicable law. User is completely responsible
for all Material and Website Content created, provided, uploaded, linked or posted by User or by
any person using a personal account registered to, by or on behalf of User. User hereby agrees:
(a)
to comply with the laws of the United States and the state of California, including
without limitation laws governing the transmission of technical data exported from the United
States through the Internet and other electronic media;
(b)
to comply with all posted policies, rules, procedures and practices of Company
and Website, including without limitation each and every provision of these Terms of Use;
(c)
not to disrupt, interfere with or access without permission (“hack”) Website or any
website, network, server, system or computer connected to Website;
(d)
not to use Website or the name of Website or Company for or in connection with
chain letters, junk mail or spamming and not to contact any other User without his or her prior
written consent;
(e)
not to create, provide, upload, link, post or transmit any unlawful, harassing,
defamatory, libelous, abusive, offensive, inappropriate, sexually explicit, threatening or harmful
Material or information, including without limitation offensive, profane, obscene, racist or sexually
explicit content and language which substitutes asterisks or other alternative characters for part or
all of a term which would otherwise violate the Rules or Terms of Use, on, to or through Website;
(f)
not to create, provide, upload, link, post or transmit any Material or information
on, to or through Website which encourages or incites conduct which gives rise to actual or
potential criminal or civil liability or violates applicable law;
(g)
not to knowingly create, re-create, provide, upload, link, post, re-post or comment
on deleted or banned Material, warning letters, sanctions or private communications from
Company, Website or their legal counsel; and
(h)
not to intentionally interfere with the operation of Website or the use and
enjoyment of Website by other Users or third parties.
Company and Website reserve the right to immediately delete any Website Content or Material
and to terminate the access, use privileges and account of any User whose conduct fails to
conform to the Terms of Use.
17.
Representations and Warranties of User. User hereby represents and warrants to
Company and Website that
(a)
User is agreeing to the Terms of Use, creating a User account, accessing and/or
using Website voluntarily and no person or entity, including without limitation Company or
Website, has made any promises, threats or representations of any kind in order to encourage,
induce or force User to agree to these Terms of Use, create a User account, access or use
Website;
(b)
User is over the age of eighteen (18) and has the capacity and authority to agree
to the Terms of Use;
(c)
Compliance with the Terms of Use will not, now or in the future, violate the terms
of any other contract or agreement to which or by which User is bound or legally obligated;
(d)
User will not deliberately create, publish, provide, post, display, upload or
distribute Material, information or Website Content in, upon, over or through Website or any
related websites, publications and services owned by Company which is dishonest, plagiarized or
inaccurate;
(e)
Material created, published, provided, posted, displayed, uploaded and
distributed by User does not and will not infringe, violate or conflict with the intellectual property or
other rights of any person or entity, including without limitation rights of patent, copyright,
trademark, trade secret and rights to proprietary works;
(f)
User will not create, publish, provide, post, display, upload or distribute Material
or information in, upon, over or through Website or any related websites, publications and
services owned by Company which (i) is in any way tortious, abusive, defamatory, libelous,
obscene, an incitement to an illegal act, (ii) illegally infringes upon the privacy or contract rights of
any person or entity or (iii) violates the law of any state, the United States or the Berne
Convention.
(g)
User will not engage in any conduct or create, publish, provide, post, display,
upload or distribute Material or information in, upon, over or through Website or any related
websites, publications and services owned by Company in which User (i) impersonates any
person or entity, including without limitation an employee or officer of Company or an
administrator of Website, (ii) falsely states or misrepresents User’s identity or affiliation with any
person or entity, (iii) contains or results in the generation or transmission of software viruses or
computer code, files or programs designed to interrupt, destroy or negatively alter the nature, use
or function of any computer hardware, software, server, system, network or telecommunications
equipment.
(h)
User will properly cite and identify the sources of all Material and information
created, published, provided, posted, displayed, uploaded or distributed in, upon, over or through
Website or any related websites, publications and services owned by Company, will retain copies
of all sources cited or referenced and will support or verify User’s rights to use copyrighted or
other protected Material at the request of Company or Website.
(i)
User has not and will not solicit, receive or accept payment, compensation or
anything of value from any third party in exchange for inserting, using or recommending a name,
product or other content in Material or information created, published, provided, posted,
displayed, uploaded or distributed in, upon, over or through Website or any related websites,
publications and services owned by Company or Website except as disclosed and approved in
advance by Company.
18.
Acknowledgement of Potentially Offensive Content. User understands that use of
Website, related websites and services may result in exposure to Website Content that User finds
offensive, indecent or objectionable and agrees to hold Company and Website harmless from and
against any responsibility or liability for offensive, indecent or objectionable content and conduct.
19.
Indemnity. User agrees to indemnify Company and Website against any and all claims,
losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses,
including without limitation court costs and attorneys’ fees resulting from or arising out of any
breach of these Terms of Use by User or any third party using a personal account registered to,
by or on behalf of User.
20.
Retention of Intellectual Property Rights. User will retain the intellectual property rights
to Material created by User on Website except as otherwise provided in the Terms of Use or
by applicable law. User may not make any claim to ownership of Website Content, Material,
property or rights belonging to Company, Website or any third party, whether or not wrongfully
used, appropriated or infringed by User.
21.
User Suggestions. Company and Website do not accept or consider unsolicited ideas,
suggestions or proposals relating to the operations, organization, publications or other property of
Company and Website (collectively “Ideas”). User understands and agrees that (a) any Idea sent
to Company or Website, posted on any portion of Website or included in Website Content will be
considered non-proprietary, non-confidential and fully released for use by Company and Website,
(b) Company and Website have no obligation or liability to User or any third party relating to or
arising out of the use, nonuse, disclosure, publication or receipt of any Idea and (c) Company
and Website may use Ideas for any purpose, including without limitation commercial uses, free of
charge and without liability, restriction or compensation to the submitting User.
22.
Proprietary Content. User understands and agrees that Material and Website Content
not specifically created, uploaded or posted by User belongs to Company, Website or other third
parties and is protected by patent, copyright, trademark, trade dress, service mark, intellectual
property law or other applicable law and that User is only permitted to use Material and Website
Content not belonging to User pursuant to the provisions of the Terms of Use or as specifically
authorized in writing by the owner of the Material or Website Content. User may not reproduce,
copy, publish, distribute or create derivative works based upon Material or Website Content
owned by Company, Website or third parties without the prior written consent of the legal owner
of the Material or Website Content. Company and Website will not (a) act as an intermediary for
User to obtain permission to use Material or Website Content, (b) mediate or resolve disputes
between Users and third party owners of Material or Website Content or (c) accept responsibility
or liability for wrongful use of Material or Website Content by any User.
23.
Grant of License. User hereby grants Company and Website permanent, non-exclusive
rights to publish and distribute Material and Website Content created, provided, uploaded, linked
and posted by User in electronic format pursuant to the Terms of Use. This grant of rights
includes the rights to (a) publish, post, archive and distribute Material and Website Content
on Website and any affiliated or successor websites owned and operated by Company, (b)
electronically publish and distribute Material through the Internet, Website, affiliated websites,
an RSS feed or similar service and by e-mail, (c) share Material with other websites selected
by Company and Website which share mutual objectives (“Partner Websites”), (d) permit and
license Partner Websites to publish and distribute Material in electronic format on the same terms
as Company and Website, provided that Partner Websites must always identify the origin of all
Website Content and link back to Website and (e) use reasonable portions of Website Content in
connection with advertising and promotional activities.
24.
Acceptance of Risk. Material and Website Content downloaded, obtained or accessed
from or through the use of Website is downloaded, obtained and accessed at the sole discretion,
risk and responsibility of User. User agrees to accept sole responsibility and liability for any
damage to User’s computer, hardware, operating system, software, network, server and Internet
service, including without limitation destruction, loss or corruption of data files, resulting from
using, downloading, obtaining or accessing Website and Website Content.
25.
DMCA Compliance. The Terms of Use include and incorporate the
www.HomeschoolBlogger.com DMCA Compliance Notice ***** insert hyperlink ***** (“DMCA
Notice”) which is incorporated by this reference as if fully set forth herein. Company and Website
support the Digital Millenium Copyright Act (“DMCA”) and the protection of intellectual property
rights pursuant to the laws of the United States, individual states and the Berne Convention for
the Protection of Literary and Artistic Works (“Berne Convention”).
26.
User Right to Terminate Account. User may terminate personal accounts registered
to, by or on behalf of User at any time. If User objects to any of the Terms of Use or any
other policies, rules, procedures and practices established, amended or posted by Company
or Website from time to time the only remedy or recourse available to User is to immediately
cancel all personal accounts registered to, by or on behalf of User and discontinue use of
Website. Access and use privileges terminate immediately upon cancellation or termination of
a User account. User has no right, and Website and Company have no obligation, to delete
or to continue to post Material or Website Content provided by User, to forward any unread or
unsent messages to User or to provide User with information, access or service of any kind
during suspension or following termination of an account registered by, for or on behalf of User,
regardless of the reason for suspension or termination.
27.
Company and Website Rights to Delete or Terminate. Company and Website reserve
the absolute, discretionary right to terminate, delete, modify or restrict access to (a) any and all
Website Content, including without limitation User Blogs and (b) all User accounts at any time
with or without cause or prior notice. User agrees to the terms of this Paragraph 26 without
reservation. User understands and agrees that the right of Company and Website to terminate,
delete, modify and restrict access to Website Content and to terminate Website and related
services at any time, with or without cause or prior notice is a vital, non-negotiable part of these
Terms of Service.
28.
DISCLAIMER OF WARRANTIES. USER AGREES TO USE WEBSITE AT USER’S
SOLE RISK AND RESPONSIBILITY. ACCESS TO WEBSITE, RELATED WEBSITES AND
SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS
OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. COMPANY AND WEBSITE SPECIFICALLY DISCLAIM ALL EXPRESS,
IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE
LAW AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, RELATED
WEBSITES OR SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER
OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK,
OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER
TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE
A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED
OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. COMPANY AND WEBSITE
MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MATERIAL,
INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
WEBSITE OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS
DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN
INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY WHICH
SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE
ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT
LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED
FROM COMPANY OR WEBSITE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS
CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY
JURISDICTION.
29.
LIMITATION OF LIABILITY. COMPANY AND WEBSITE DISCLAIM ANY AND ALL
RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY,
RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY
AND ALL WEBSITE CONTENT. COMPANY AND WEBSITE DISCLAIM ANY AND ALL
RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM
OR RELATING TO USER OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING,
UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING ANY AND ALL
WEBSITE CONTENT. COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY
AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY
OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. COMPANY AND WEBSITE
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL
DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR
LACK OF USE OF WEBSITE OR ANY WEBSITE CONTENT, (B) MATERIAL, INFORMATION,
ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A
RESULT OF WEBSITE OR ANY WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED,
INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION
TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO WEBSITE OR
A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D)
STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED ,
UPLOADED , DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES
OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT
DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF COMPANY OR THE ADMINSTRATORS OF WEBSITE. EXCLUSIONS
AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO
THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY
JURISDICTION.
30.
No Other Agreements. The Terms of Use represent the only, final, complete and
exclusive understanding between User, Company and Website and supersede any prior or
contemporaneous oral or written agreements between User, Company and Website. User has
no relationship, agreement or rights relating to Company and Website except as expressly stated
in the Terms of Use. The Terms of Use may only be modified by a written instrument approved
in writing or executed by an authorized representative of Company which specifically states that it
modifies the Terms of Use.
31.
Construction, Jurisdiction, Venue. User, Company and Website understand and agree
that the Terms of Use were written in and will be construed and enforced in accordance with the
laws of the State of California and that User’s acceptance of the Terms of Use is taking place
within the State of California. User agrees to submit to the personal jurisdiction of the Federal or
state courts located in Sacramento, California for purposes of any legal action commenced under
or arising out of the Terms of Use, Website or use of Website by User.
32.
Legality, Modification. Nothing contained in the Terms of Use will be interpreted to
require the commission of an illegal act or a violation of applicable law. If any conflict arises
between the Terms of Use and applicable law the latter will prevail, the relevant provisions of the
Terms of Use will be deleted, modified or limited to the limited extent necessary to comply with
law and all other provisions of the Terms of Use will remain in full force and effect.
33.
Notice. Notices must be made in writing. Company and Website may provide valid,
effective notice to User by posting or broadcasting notices on Website or related websites owned
and operated by Company. Notices posted on Website are deemed given when posted.
34.
No Waiver. Failure to enforce any provision of the Terms of Use does not and will not
constitute a waiver of the right to enforce the same or any other provision against the same or
any other User in any subsequent situation.
35.
Survival. Any provisions which are reasonably required in order to fully enforce the
Terms of Use will survive termination of a User’s personal account or User access to Website.
36.
Acceptance by User. User understands and agrees that use of Website indicates full and
complete agreement to each and every one of the Terms of Use as if User had signed a written
document containing the same.
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