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1. Acceptance of Terms Through Use
By using our Site, you agree to all terms, conditions and notices
contained or referenced herein ("Terms"). We reserve the right,
at our sole discretion, to change the Terms at any time. By using our
Site after changes have been made to these Terms, you agree to the changes.
Please check these Terms periodically for changes.
2. License and Proprietary Rights
We grant you a limited license to make personal use only of our Site.
Such grant does not include, without limitation: (a) any commercial use
of the Site or content therein; (b) derivative uses of our Site and its
contents; (c) use of any data mining, robots or similar data gathering
and extraction methods or (d) reproduction, copying or redistribution
for commercial purposes of any materials or design elements of our Site.
Except as noted above, you are not conveyed any right or license by implication,
estoppel or otherwise in or under any patent, trademark, copyright or
proprietary right of our Company or any third party. Use of the content
or materials for any purpose not expressly permitted in these Terms is
prohibited. We reserve the right, without notice and in our sole discretion,
to terminate your license to use our Site and to block or prevent future
access to and use of our Site.
3. Third-Party Web Sites
Our Site may provide links to third-party Web sites or resources.
These other sites are not under our control. You acknowledge and agree
that we are not responsible or liable for the availability, accuracy,
legality, decency or any other aspect of the content of such site or resources.
The inclusion of such a link does not constitute an endorsement by or
imply an affiliation with our Company. You further acknowledge and agree
that we are not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource. In addition, because such sites
or resources are not governed by our Terms, we encourage you to review
the terms applicable to such sites or resources.
4. Disclaimers of Warranties
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) OUR SITE, AND ITS CONTENTS AND SERVICES PROVIDED THEREIN ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE FUNCTION OF AND SERVICES PROVIDED
ON OUR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE (ii) DEFECTS
WILL BE CORRECTED OR (iii) OUR SITE OR ITS SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS,
RELIABILTY OF THE CONTENT OR RESULTS OF THE SERVICES IN OUR SITE, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT OR RESULTS WILL BE
FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. WE DO NOT
NECESSARILY ENDORSE THE OPINIONS, IF ANY, SET FORTH IN THE CONTENT ON
OUR SITE. IT MAY BE ADVISABLE TO ALSO SEEK PROFESSIONAL ADVICE AND OPINIONS,
AS APPROPRIATE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. Limitation of Liability
To the extent permitted by law, in no event shall we be liable for any
direct, indirect, consequential, incidental, special, exemplary or any
other damages of any kind arising out of or in any way connected with
the use of our Site or the content or materials contained in or accessed
through our Site or any other linked site, even if we are advised of the
possibility of such damages. Your sole remedy is to discontinue your use
of our Site.
6. Privacy
Your privacy is important to us. All information gathered by us from you
in connection with your use of our Site will be governed by our Privacy
Policy posted on our Site. We do not control the privacy policies of those
sites to which we link and, therefore, we encourage you to review the
privacy policies of those sites.
7. Indemnity
You agree to indemnify and hold harmless our Company and its affiliates,
officers, directors, agents, co-branders or other partners, employees
and contractors from all liabilities, claims, demands and expenses, including
attorney's fees, arising from your use or misuse of our Site, your violation
of the Terms or your violation of any rights of another.
8. General Information
These Terms constitute the entire agreement between you and us and govern
your use of our Site, superseding any prior agreements between you and
us. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third- party content or third-party
software. These Terms and the relationship between you and us will be
governed by the laws of the State of Washington without regard to its
conflict of law provisions. The parties agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
San Mateo, California. Our failure to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision. If any provision of these Terms is found invalid or unenforceable,
that provision will be enforced to the maximum extent possible and the
remaining provisions of these Terms will remain in full force and effect.
We reserve the right to change terms at any time. Please check our terms
prior to using our site.
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