Disclaimer of Warranty
We issue no type of warranty whatsoever and do not make any representations or warranties regarding the suitability, availability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any particular or general purpose of the site, or the products, services or tools, herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, usefulness or accuracy of information gathered from or through the site. The site and all content distributed, contained, sold or published via the site is provided to you “As Is, Where Is”, without any warranty of any kind, express or implied.
Intellectual Property Provisions
All content provided within or via this site is fully protected by various US and international patent laws, copyright laws, trademark regulations and laws, and various intellectual property laws and international agreements and treaties. No intellectual property of any nature contained within or via this Site may be published, copied, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “mirrored” or “framed”. The product names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
Disclaimer Regarding Functionality
All tools, functions, content, and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not separately and independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to validate and verify any and all claims presented within this Site Termination of Service
We fully reserve the right to terminate and conclude any and all service provided to you (either as an individual member/user or as a group) at any time without notice for any reason that we consider fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you unmistakably agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
You agree that monetary damages may not adequately provide a solution or remedy for us if you violate any of the terms and conditions of this Agreement and you distinctly agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate or abuse any element of this Agreement.
Automatic Usage or Viewing of this Site
You may not use any automated scripts or “robots” to access, manipulate or copy any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses up more than .01% of the software and hardware infrastructure of this Site.
Links to Third Party Sites
All submissions are non-confidential in nature. All submissions (but not personal information) become the property of this Site. “Submissions” may be thought of as “suggestions/ideas” type of email or letters or “letters to the editor” that you might send us. We may publish and/or circulate all submissions in any manner that we deem to be appropriate, including in all forms of publication and media You are exclusively responsible for the content of all submissions, including any violation and defiance of any law(s) contained within such submissions, copyright, fraud, privacy, and other regulations and laws. You fully agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who establishes that your submissions a legal cause of action. We also reserve the right to publish the contents of emails that you send us, removing personally identifying information prior to publication. Examples would be letters of praise, testimonials, thank you notes and so forth.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any functions, tools or services that this Site provides to you, whether the cause of action be based on breach of contract, tort, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
We are not responsible and answerable for any content provided to you by our site members. We do not screen or monitor content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of any third party or entity or one or more of our users. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of publicity or privacy, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your loved ones, family members, or computers, to objectionable content and agree to waive any possible or potential liability that we may have regarding content provided to us via members or third parties that violate or abuse any intellectual property rights or any other civil law.
You understand and agree that usage of the Internet means that you are subject and prone to the risk of viewing or receiving offensive or harmful content and files. We do not promise that we will edit and review all content for accuracy, safety, quality, or decency that you encounter via our Site.
This Agreement, including all types of Disclaimers, will be governed by and construed in accordance with the internal laws of the State of North Carolina, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all controversies, disputes, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dover or any location closer to or within Dover, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All documents, papers, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to amend, alter, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
We evidently make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).
This site may contain typographical errors or mistakes, and we entirely disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may modify or revise any portion of this Agreement at any time without notice to you. You must fully read this Agreement each time you visit our site or use any service or tool that we provide to you via this site or elsewhere. Any usage of this site or tools, services or functions that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our exclusive selection.
Neither party shall be liable for any failure or delay in performance due to Force Majeure, which shall mean acts of God, earthquake, changes in law, regulation or government policy, labour disputes, war, fire, flood, insurrection, riots, sabotage, embargo, epidemics, acts or omissions of suppliers or vendors, transportation difficulties, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party hardware or software or inability to obtain supplies, raw materials, or power used in or equipment needed. We are not responsible for server downtime under any circumstances whatsoever
Intellectual Property Notices
You fully agree that you have been suitably noticed of any trademark, copyright, patent, trade dress, service mark, or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, logos, symbols, marks, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.