TERMS OF USE GOVERNING THE SCOTTMCMILLANSANDIEGOATTORNEY.blogspot.com
WEBSITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. THERE IS IMPORTANT LEGAL INFORMATION CONTAINED BELOW
WITHOUT LIMITATION TO RESTRICTING WHERE YOU MAY SUE, COUNTERSUE, OR TAKE ANY
LEGAL ACTION TO THE District Court of
Nevada, Fifth Judicial District, or United States District Court, Nevada – Las
Vegas, AND THE AWARD OF ATTORNEY FEES AND EXPENSES TO THE PREVAILING
PARTY IN ANY LEGAL ACTION.
This agreement also restrict the time frame to sue
to one (1) year or any cause of action shall be forever barred. All users of
this site agree that access to and use of this site is subject to the following
terms and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this site.
You, the person
viewing this site, agree by viewing this website, that the contents and options
to purchase makes this site a commercial site. You agree by viewing the site,
it creates a contractual relationship between the parties.
These Terms of
Use (also referenced as "Agreement") were last updated on, and are
effective as of April 4, 2018 at 12:15AM. The blog scottmcmillansandiegoattorney.blogspot.com
(hereinafter, “website”, or “site”) and you, the person viewing the site,
and its author, Darren Chaker, PGHT Spendthrift Trust (hereinafter
"Trust"), owner of the content of the site, (hereinafter collectively
"we”," or "us"), provides this website and website-related
services subject to your compliance with the terms and conditions set forth in
these Terms of Use (the "Terms of Use"). By using the site, you agree
to be bound by these Terms of Use, which appears below, after the Terms of Use.
The Terms of Use is deemed to have been drafted by both parties and is
acceptable. You, the person viewing this site, agree you have had the
opportunity to consult with an attorney to fully understand the Terms of Use,
and, if you have not, have been able to fully understand the entire Terms of
Use on your own. If you do not agree to these Terms of Use, you must not use
the Site. The site may at any time, in its sole discretion, revise or
otherwise update these Terms of Use by posting an amended Terms of Use on the
site, without notice to you, and any changes will be effective immediately upon
posting. Your use of the site following the posting of an updated Terms of Use
will indicate your acknowledgement of, and express agreement to be bound by,
the terms and conditions of the updated Terms of Use. Further, we reserve the
right, at any time, to modify or discontinue, temporarily or permanently, the
site (or any part thereof) without notice. You agree that we shall not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the site, or of any Materials (“Material” referenced throughout
here, is any “content” of this site, such as any blog post or “post”,
character, image, writing, etc.).
Applicable to
All Use - Any use by you of this
website must be in accord with the terms and conditions stated here.
Disclaimer - By accessing this site you agree that its author,
Darren Chaker, the Trust, owner of the site, its predecessors, successors,
assigns, transferees, representatives, principals, agents, heirs, executors,
administrators, attorneys, their predecessors, successors, parents,
subsidiaries, affiliates, assigns, joint venturers (together with the
predecessors, successors, parents, subsidiaries, affiliates, assigns, agents,
directors, officers, employees, and shareholders of each such entity) assignee,
officers, parent company, directors, employees, agents, licensors, suppliers,
Trust and Darren Chaker, is not responsible for the accuracy or truthfulness of
the information provided on this website, or on any website linked to or from
the site. As applicable to any Material or any information provided in this
forum is not intended to substitute for informed technical or legal advice, or
other professional advice, or in fact any advice whatsoever. If you read any
blog entry or ‘post’, submit a question or comment on such a topic blogged or
posted, it is assumed that you are interested in soliciting and receiving or
giving general information rather than professional advice. You agree to not
rely on any of the information contained on the site for any purpose
whatsoever and will verify all information on your own. You should bear in mind
that the applicability of such general information might vary substantially in
different states and according to the individual factual circumstances
surrounding a particular question, comment, or blog post. Accordingly, if you
desire or require technical, legal or professional advice, please consult your
own technical consultant, lawyer or other qualified provider who is licensed in
your state or country. You agree to not rely on anything on the site for legal
advice or for any other reason or purpose whatsoever.
Copyright - The entire content included in this site, including
but not limited to text, photographs, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of the site. The collective work includes works that are licensed to
the site. Copyright 2014, scottmcmillansandiegoattorney.blogspot.com, ALL
RIGHTS RESERVED. No permission is granted to electronically copy and/or print
hard copy portions of this site for any purpose, including but not limited to
the reproduction, distribution, display or transmission of the content of this
site is strictly prohibited, unless authorized by Darren Chaker in writing. If
you link or post any material, you agree a written request to the search engine
to deindex or otherwise disable access to the material will not be opposed by
you and that you explicitly consent to the search engine removing the link or
content originating from this site. You further agree not to change or delete
any proprietary notices from materials downloaded from the site. You may
not modify or use the Materials for any other purpose without express written
consent of the webmaster. Except as provided below, you may not reproduce,
republish, post, transmit or distribute any Materials on the site.
All media files
on the site are protected by copyright laws. You may not, under any
circumstances, reproduce, record, publish, publicly exhibit, or distribute any
media files (including, but not limited to, .mpg, .jpeg, .wmv, .ra, or .rm
files) available on the site without site’s express written consent by its
webmaster. You may not link directly to any file located on the site, and you
should not attempt to "pass-off" any of the site’s content as your
own work.
Requesting
Reproduction Permissions - No
material contained on this site may be reproduced or redistributed without
prior express written permission. Absent a written reply granting such a
request, you must presume your request is denied.
Trademark
Information - You agree that all of
site’s applicable trademarks, trade names, service marks and other logos and
brand features, and product and service names are trademarks and the property
of the site. Without Darren Chaker's prior written permission, you agree not to
display or use in any manner the site’s Marks.
Exclusions and
Limitations - To the extent that site
may not, as a matter of applicable law, disclaim any implied warranty or limit
its liabilities, the scope and duration of such warranty and the extent
of the site’s liability shall be the minimum permitted under such
applicable law.
Limitation of
Liability and Disclaimer of Warranties
- THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT ANY
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Darren Chaker
and/or the PHGT Spendthrift Trust ("Trust"), its predecessors,
successors, assigns, transferees, representatives, principals, agents, heirs,
executors, administrators, attorneys, their predecessors, successors, parents,
subsidiaries, affiliates, assigns, joint venturers (together with the
predecessors, successors, parents, subsidiaries, affiliates, assigns, agents,
directors, officers, employees, and shareholders of each such entity) assignee,
officers, parent company, directors, employees, agents, licensors, suppliers,
and its author Darren Chaker and/or the Trust, DO NOT MAKE ANY, AND HEREBY
DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE
AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
DARREN CHAKER AND/OR THE TRUST, ITS PREDECESSORS, SUCCESSORS, ASSIGNS,
TRANSFEREES, REPRESENTATIVES, PRINCIPALS, AGENTS, HEIRS, EXECUTORS,
ADMINISTRATORS, ATTORNEYS, THEIR PREDECESSORS, SUCCESSORS, PARENTS,
SUBSIDIARIES, AFFILIATES, ASSIGNS, JOINT VENTURERS (TOGETHER WITH THE
PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS OF EACH SUCH ENTITY) ASSIGNEE,
OFFICERS, PARENT COMPANY, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS,
AND ITS AUTHOR DARREN CHAKER, THE TRUST, THE OWNER OF THE SITE, DISCLAIM ALL
EQUITABLE INDEMNITIES. DARREN CHAKER, THE TRUST, ITS CONSULTANTS, ITS
PREDECESSORS, SUCCESSORS, ASSIGNS, TRANSFEREES, REPRESENTATIVES, PRINCIPALS,
AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, ATTORNEYS, THEIR PREDECESSORS,
SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, JOINT VENTURERS (TOGETHER
WITH THE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS,
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS OF EACH SUCH ENTITY)
ASSIGNEE, OFFICERS, PARENT COMPANY, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
SUPPLIERS, THE TRUST, AND DARREN CHAKER, WILL NOT BE RESPONSIBLE OR LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE
OR MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL
THEORY, INCLUDING WITHOUT LIMITATION TO DAMAGES FOR LOSS OF PROFITS, USE, DATA,
OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SHOULD DARREN CHAKER, THE TRUST, ITS PREDECESSORS, SUCCESSORS, ASSIGNS,
TRANSFEREES, REPRESENTATIVES, PRINCIPALS, AGENTS, HEIRS, EXECUTORS,
ADMINISTRATORS, ATTORNEYS, THEIR PREDECESSORS, SUCCESSORS, PARENTS,
SUBSIDIARIES, AFFILIATES, ASSIGNS, JOINT VENTURERS (TOGETHER WITH THE
PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, AGENTS,
DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS OF EACH SUCH ENTITY) ASSIGNEE,
OFFICERS, PARENT COMPANY, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS,
THE TRUST OR DARREN CHAKER BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY
NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED ONE HUNDRED
UNITED STATES DOLLARS ($100.00) IN THE AGGREGATE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE
MATERIALS. No waiver of any term of this these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term, and the Darren
Chaker, the Trust, or the site's failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
Indemnity - You agree to defend, indemnify and hold harmless
Darren Chaker, the Trust, its predecessors, successors, assigns, transferees,
representatives, principals, agents, heirs, executors, administrators, attorneys,
their predecessors, successors, parents, subsidiaries, affiliates, assigns,
joint venturers (together with the predecessors, successors, parents,
subsidiaries, affiliates, assigns, agents, directors, officers, employees, and
shareholders of each such entity) assignee, officers, parent company,
directors, employees, agents, licensors, suppliers, the Trust, and Darren
Chaker, from and against all claims, losses, costs, damages, liabilities, and
expenses (including but not limited to attorney fees and expenses) arising out
of: (a) your (the person who views, uses the site in any manner) activities in
connection with the site; (b) any violation of these Terms of Use by you; (c)
any improper or unauthorized use of the Materials by you (the person who views,
uses the site in any manner); and, (d) any allegation that anything you
transmit through or in connection with the site infringes or otherwise violates
the copyright, trademark, trade secret, privacy, publicity, or other legal or
contractual right of any third party.
Proprietary
Rights - You acknowledge and agree
that the site and the Materials are and shall remain the property of the site
its service providers and are protected by copyright, trademark, and other
proprietary rights and laws. Except as expressly authorized in advance by
Darren Chaker in writing, you agree not to use, download, copy, distribute,
transmit, display or perform (publicly or otherwise), publish, license, modify,
adapt, translate, create derivative works of, or otherwise exploit (in whole or
in part) in any format or medium, whether now known or hereafter developed, the
site or any of the Materials. Notwithstanding the foregoing, and subject to
your compliance with these Terms of Use, the site grants to you a limited,
personal, revocable, non-transferable and non-sublicensable license to access
the site and the Materials via the Internet solely for purposes of visually
viewing such Materials for your personal, non-professional advice,
non-commercial use. Trade names, trademarks, service marks and domain names
(each, a "Mark") of the site include, without limitation, “Darren
Chaker,” and any associated logos. All Marks on the site that are not owned by
the site are the property of their respective owners, and ownership of the
Marks and the goodwill associated with them remains with us or those other
owners. You agree not to use the Marks owned by the site, whether registered or
unregistered, on or in connection with any product or service that is not a
product or service provided by the site, or in any other manner that is likely
to cause confusion or dilution. Nothing on the site should be construed as
granting, by implication, estoppel, or otherwise, any right or license to use
any of the site’s Marks without prior express written permission.
Law & Venue - Your access or use of this website shall be
governed in all respects by the internal substantive laws of the State of Nevada,
without respect to its conflict of laws principles, without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You/We agree that jurisdiction over and venue in
any and all conceivable disputes, claim, cause of action, injunction,
writ, or other legal proceeding arising out of, in connection with, or relating
to this agreement and relationships among the parties contemplated by this
Agreement, as well as any and all conceivable disputes, claim, cause of action,
injunction, writ, or other legal proceeding directly or indirectly arising out
of or relating to scottmcmillansandiegoattorney.blogspot.com whatsoever,
including the validity of the Terms of Use shall be in the District Court of
Nevada, Fifth Judicial District, or United States District Court, Nevada – Las Vegas.
Neither the course of conduct between the parties, verbal statement, nor trade
practice shall act to modify any of these terms and conditions.
You/We
acknowledge the District Court of Nevada, Fifth Judicial District, or United
States District Court, Nevada – Las Vegas, shall be the exclusive, correct, and
only venue and understand your legal recourse in the District Court of Nevada,
Fifth Judicial District, or United States District Court, Nevada – Las Vegas,
may be far more limited than where you reside. The decision which court to file
in, state or federal, is up to the filing party and agree you will file in the
proper court. The filing party understands if you file in the wrong court it
will subject you to attorney fees, costs, and subsequent legal action.
You/We submit to
the personal jurisdiction of the District Court of Nevada, Fifth Judicial
District, or United States District Court, Nevada – Las Vegas, to resolve any
and all conceivable disputes, claim, cause of action, injunction, writ, or
other legal proceeding arising out of, in connection with, or relating to this
agreement and relationships among the parties contemplated by this Agreement as
well as any and all conceivable disputes, claim, cause of action, injunction,
writ, or other legal proceeding arising out of, in connection with, or relating
to scottmcmillansandiegoattorney.blogspot.com.
The site, Trust,
and Darren Chaker, may assign its rights and duties under this Agreement to any
party at any time without notice to you and you forfeit any actual or perceived
right to object to such decision. WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Attorney Fees - If a lawsuit, counter-suit, separate
lawsuit, action, writ, injunction, arbitration or any other proceeding, arising
out of, in connection with, or relating to this Agreement (collectively
“proceeding”) of any nature whatsoever is instituted in connection with any
controversy arising out of this Agreement or to interpret or enforce any rights
under this Agreement, the prevailing party shall recover any and all reasonable
attorney fees, expenses, costs associated with filing, maintaining,
prosecuting, defending, or appealing such proceedings as well as any billable
time to travel and expenses for counsel to personally appear before the court
even if counsel may have appeared telephonically. If either party would like to
retain a an additional law firm, such as “local” counsel (a law firm local to the
court where the lawsuit was filed) or counsel who specializes in the
prosecution or defense of any legal claim, lawsuit, or other legal proceeding,
then all attorney fees and costs shall be recovered as well for the additional
attorney/law firm employed by the prevailing party in any legal action, even if
some of the effort may have overlapped. If a party (You/We) files any proceeding
in the wrong court, then the prevailing party shall recover any and all
reasonable attorney fees, expenses, costs associated with filing, maintaining,
prosecuting, defending, or appealing such proceedings and any costs associated
with removing the case to the correct court and/or obtaining its dismissal, as
well as any billable time to travel and expenses for counsel to personally
appear before the court even if counsel may have appeared telephonically.
If a party
breaches this Agreement and/or is subject to a cross-complaint and/or separate
lawsuit related to this Agreement or concerning the site, for example, without
limitation to, any breach of contract claim, malicious prosecution, abuse of
process, or any allegation of emotional distress, libel, or invasion of
privacy, the prevailing party shall recover any and all reasonable attorney
fees, expenses, costs associated with filing, maintaining, prosecuting,
defending, or appealing such proceedings, as well as any billable time to
travel and expenses for counsel to personally appear before the court, even if
counsel may have appeared telephonically, while prosecuting the cross-complaint
and/or separate lawsuit. It is also agreed any judgment concerning this Agreement
shall be joint and severable as to all parties who are not a prevailing party.
Any and all costs
for legal research, process server, mail, express mail (FedEx/UPS), phone
calls, facsimiles, copies, mileage, parking, hotel, airfare, car rental, train
fare, and/or retention of expert(s) shall be awarded to the prevailing party in
any action concerning this Agreement as well.
You/We also agree
all attorney fees and costs in connection with obtaining satisfaction of the
judgment are recoverable as well as the maximum interest allowed by law. It is
also agreed there shall be no offset if a party to this agreement owes a
preexisting judgment against another party, that party may not place a lien, or
make any attempt to offset a judgment with the preexisting judgment on any
attorney fee/cost or judgment related to this Agreement. A third party may not
attempt to receive or place a lien on any attorney fee/cost award or judgment.
Any judgment rendered, in full or in part, shall be paid directly to the
prevailing party or his/its designated representative and/or assignee, and you
forfeit any actual or perceived right to object to such at the trial or
appellate court level.
Linking to the
Site - You may not link to the site
or any Materials include an active link on any website you control directing a
browser to the relevant area of the site. You may not link to or otherwise
provide access to the site: (a) in any way that alters the look, feel, or
functionality, of any aspect of the site or Materials, (b) in such a way that
any aspect of the site or Materials is displayed within a frame on your or a
third party website, or (c) in any way that arguably presents the site or the
Materials out of context. You also may not associate any aspect of the site or
Materials with any propaganda, obscenity, or hate speech, or display or link to
any portion of the site or any Materials in a disparaging manner, or in any
other manner that could injure the reputation or goodwill of the site, its
predecessors, successors, assigns, transferees, representatives, principals,
agents, heirs, executors, administrators, attorneys, their predecessors,
successors, parents, subsidiaries, affiliates, assigns, joint venturers
(together with the predecessors, successors, parents, subsidiaries, affiliates,
assigns, agents, directors, officers, employees, and shareholders of each such
entity) assignee, officers, parent company, directors, employees, agents,
licensors, suppliers, and Darren Chaker. You agree to remove any such comments
when notified in writing, either by letter or email, by Darren Chaker. If you
do not remove the link, you consent to any website to remove any site link,
and/or search engine to deindex any link.
User Conduct - You agree to comply with all applicable laws and
regulations in connection with your use of the site. Without limiting the
foregoing, you agree not to use the site in connection with: (a) the
infringement of intellectual property rights (including the site’s rights in
its Marks and the Materials); (b) the unauthorized transmission of unsolicited
commercial e-mail; (c) the transmission of defamatory materials; or, (d) fraud.
You will not violate, attempt to violate, or knowingly facilitate the violation
of the security (including access control or authentication systems) or
integrity of the site. Without limiting the foregoing, you agree not to: (i)
attempt to or enable others to attempt to gain unauthorized access to any
accounts, computer systems or networks connected to any site server or to any
of the Materials, through hacking, password theft, or any other means; (ii) use
any "deep-link," "page-scrape," "robot,"
"spider" or other automatic device, program, algorithm or
methodology, or any equivalent manual process, to access, acquire, copy or
monitor any portion of the site or Materials, or in any way circumvent the
navigational structure or presentation of the site or Materials; (iii) attempt
or enable others to attempt to obtain any Materials through any means that the
site has not intentionally made available on the site; or, (iv) use the site or
the Materials in any manner that could damage, disable, overburden, or impair
any site server, or the network(s) connected to any site server, or that might
interfere with any other person's access to or use or enjoyment of any
Materials.
Electronic
Communications Notice - You agree to
send any notices that are required or permitted to be given by these Terms of
Use to us only in the manner specified for such purposes on the site. In order
to access the site, you must have a computer or other device with Internet
access running a web browser such as Internet Explorer, Firefox, or Safari. If
applicable, when you use the site or send e-mails to us, you are communicating
with us electronically. You consent to receiving communications from us
electronically. We may communicate with you by e-mail or by posting notices on
the site. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically, satisfy any legal
requirement that such communications be in writing. In order to retain copies
of any such communications, you must have a printer or data storage device. If
you have a printer, you may print paper copies of any such communications for
your own use, but may not publish or distribute them.
Log Information - When you access the site via a browser, application
or other client the servers automatically record certain information. These
server logs may include information such as your web request, your interaction
with a service, Internet Protocol (IP) address, browser type, browser language,
the date and time of your request and one or more cookies that may uniquely
identify your browser or your account. Understand there is no expectation of
privacy while visiting the site and you consent to the use of the above
information and waive any right to object to the release of consumer
information consisting of your name, address, IP address, by your Internet
Service Provider (ISP) of your identity upon our written request and
specifically waive any objection or right to privacy in said information.
Use of Site - Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of a commercial online service or other organization.
Third-Party
Links - In an attempt to provide
increased value to our visitors, the site may link to other sites operated by
third parties. However, even if the third party is affiliated with the site, we
have no control over these linked sites, all of which have separate privacy and
data collection practices, independent of scottmcmillansandiegoattorney.blogspot.com.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, the site seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work). Any third party links on this site that generate
revenue are paid to a PHGT Spendthrift Trust.
Third Party
Applications – The site may make
available third party applications, such as gadgets or extensions, through its
services. You agree the site is not liable in any respect for Third Party
Applications. We have no control over Third Party Applications, all of which
have separate privacy and data collection practices, independent of the site.
Modification
to this Agreement – The site reserves
the right to amend this agreement at any time and without notice, and it is
your responsibility to review this agreement for any changes. Your use of the
site following any amendment of this agreement will signify your assent
to and acceptance of its revised terms.
Force Majeure
- Either party shall be excused from
any delay or failure in performance hereunder caused by reason of any
occurrence or contingency beyond its reasonable control, including but not
limited to, acts of God, earthquake, labor disputes and strikes, riots, war,
and governmental requirements. Notwithstanding the foregoing, a change in
economic conditions or technology shall not be deemed a Force Majeure event.
The obligations and rights of the party so excused shall be extended on a
day-to-day basis for the period of time equal to that of the underlying cause
of the delay.
Time – Time is of the essence.
Severability - If any term or provision of these Terms of Use are
in violation of or prohibited by any applicable law or regulation, such term or
provision shall be deemed to be amended or deleted to conform to such law or
regulation, without invalidating or amending or deleting any other terms or
provisions of these Terms of Use. The failure of the site to exercise or
enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to your
use of the site or these Terms of Use must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section titles in
these Terms of Use are for convenience only and have no legal or contractual
effect. Neither the course of conduct between you and the site, nor trade
practice, shall act to modify any provision of these Terms of Use. These Terms
of Use are not assignable, transferable or sublicensable by you. These Terms of
Use comprise the entire and exclusive agreement between you and the site with
respect to your use of the site and Materials, superseding any prior agreements
or negotiations between you and the site with respect to your use of the site
(except other written, fully-executed contracts between you and the site).
Headings - The section and paragraph headings used in this
Terms of Use are inserted for convenience only and shall not affect the meaning
or interpretation of this Terms of Use.
The above is the entire
Agreement and is not modifiable unless done so in writing and posted to the
site, at which time all prior Agreements are rendered void as the current
Agreement is the only Agreement effective the date it is posted. This is the
last sentence of the Agreement.
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