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Terms of Use
Agreement THIS IS IMPORTANT -- PLEASE
READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND
AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND
READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS
WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU
THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE
UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY
POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING
WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT
APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS
OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE
DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT
IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR
ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS
TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT
(COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY
ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF
THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE
WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE
PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM
TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE
AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to herein as
"Visitors," are parties to this agreement. The
website and its owners and/or operators are parties to this
agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS
WEBSITE
Unless you have entered into an express written
contract with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right to use
this information in a commercial or public setting; they have no
right to broadcast it, copy it, save it, print it, sell it, or
publish any portions of the content of this website. By viewing the
contents of this website you agree this condition of viewing and you
acknowledge that any unauthorized use is unlawful and may subject
you to civil or criminal penalties. Again, Visitor has no rights
whatsoever to use the content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying code, or other
intellectual property the site may contain, for any reason for any
use whatsoever. Nothing. Visitor agrees to liquidated damages in the
amount of U.S.$100,000 in addition to costs and actual damages for
breach of this provision. Visitor warrants that he or she
understands that accepting this provision is a condition of viewing
and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL,
PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed
by the website. Material contained on the website must be presumed
to be proprietary and copyrighted. Visitors have no rights
whatsoever in the site content. Use of website content for any
reason is unlawful unless it is done with express contract or
permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING"
AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may
hyperlink this site, or portions thereof, (including, but not
limited to, logotypes, trademarks, branding or copyrighted material)
to theirs for any reason. Further, you are not allowed to reference
the url (website address) of this website in any commercial or
non-commercial media without express permission, nor are you allowed
to 'frame' the site. You specifically agree to cooperate with the
Website to remove or de-activate any such activities and be liable
for all damages. You hereby agree to liquidated damages of
US$100,000.00 plus costs and actual damages for violating this
provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content of this website. Visitors assume the all
risk of viewing, reading, using, or relying upon this information.
Unless you have otherwise formed an express contract to the contrary
with the website, you have no right to rely on any information
contained herein as accurate. The website makes no such
warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER
OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS.
VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING
FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data that is
inadvertently passed to the visitor's computer. Again, visitor views
and interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY
DOWNLOADS
Visitor downloads information from this site at this
own risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to, viruses
and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with
this site, including banners, advertising, or pop-ups, downloads,
and as a condition of the website to allow his lawful viewing,
Visitor forever waives all right to claims of damage of any and all
description based on any causal factor resulting in any possible
harm, no matter how heinous or extensive, whether physical or
emotional, foreseeable or unforeseeable, whether personal or
business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage,
which the Website is required to pay for, the Visitor, as a
condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a submission.
All submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become the
exclusive property of the Website and may be used, without further
permission, for commercial use without additional consideration of
any kind. Visitor agrees to only communicate that information to the
Website, which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is also a provision of the
Privacy Policy.
NOTICE
No additional notice of any kind for any reason is
due Visitor and Visitor expressly warrants an understanding that the
right to notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the consideration that the Website
requires for viewing, using or interacting with this website,
Visitor agrees to use binding arbitration for any claim, dispute, or
controversy ("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and terms of
use issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in St. George, Utah.
In no case shall the viewer, visitor, member,
subscriber or customer have the right to go to court or have a jury
trial. Viewer, visitor, member, subscriber or customer will not have
the right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any
claim subject to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the
other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be
brought before a court of law, pre- or post-arbitration, the viewer,
visitor, member, subscriber or customer agrees to that the sole and
proper jurisdiction shall be St. George, Utah. In the event that
litigation is in a federal court, the proper court shall be in St.
George, Utah.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the
applicable law to be applied shall, in all cases, be that of the state
of the Seller.
CONTACT INFORMATION
The Seller of this product is:
Dylan Brian
You may direct questions, comments or reports to:
email address: freethingsonline@gmail.com
COPYRIGHT AND LICENSE
This "Terms of Use" © 2010 by Dylan Brian
If you wish to lawfully use this Terms of Use on
your website, contact freethingsonline@gmail.com for
licensing information or this website.
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