TERMS OF USE
We suggest that you carefully read the Terms of Use before using this
Website. By accessing and using this Website you indicate your
acknowledgement and acceptance of these Terms
of Use, as it is a legally binding agreement. If you do not agree with the
Terms of Use, you should not use this Website.
PARTIES TO THIS
AGREEMENT
Visitors, viewers,
users, or affiliates, collectively referred to as "Visitors," are
parties to this agreement. The website and its owners and/or operators are
parties to this agreement, referred to as the "Website." Reading and
accepting the Terms of Use and the Privacy
Policy of this Website are required before granting
you the right to visit, read, use
or interact with it. By visiting, viewing, using, or interacting with this
Website, you are agreeing to all the provisions of this Terms of Use Policy and
the Privacy Policy of this Website. By you agreeing to use this Website as
required by the Terms of Use, we agree to provide you access to this Website in
accordance with the Terms of Use.
PARTIES UNDER 18
YEARS OLD DENIED ACCESS
Anyone under the
age of 18 is denied access to this Website. If you are under 18 years old,
it is unlawful for you to visit, read, use or interact with this Website or its
contents in any manner. This Website specifically denies access to any
individual who is covered by the Child Online Privacy Act (COPA) OF 1998.
DENIAL OF ACCESS
This Website
reserves the right to deny access to any person for any reason. As laid out
under the terms of the Privacy Policy, which you accept as a condition for
viewing and using, this Website is allowed to collect and store data and
information for the purpose of conducting its business.
USE OF WEBSITE
INFORMATION
Unless you have
entered into an express written contract with this Website to the contrary,
visitors, viewers, users, or affiliates, have no right to use this
information in a commercial or public setting. They have no right to
broadcast, copy, save, print, sell, 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. Visitors have 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.
Visitors agree to liquidated damages, in addition
to costs and actual damages for breach of this provision. Visitors warrant that
they understand that accepting this provision is a condition of viewing and that
viewing constitutes acceptance.
OWNERSHIP OF
WEBSITE
This 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,
REFERENCING AND FRAMING WEBSITE PROHIBITED
Unless expressly
authorized by this Website, no one may hyperlink this Website, or portions
thereof, (including, but not limited to, logotypes, trademarks, branding or
copyrighted material) to theirs for any reason. You are not allowed to
reference the URL (web address) of this Website in any commercial or
non-commercial media without express permission, nor are you allowed to 'frame'
this Website. You specifically agree to cooperate with the Website to remove or
de-activate any such activities and be liable for all damages. You agree to
liquidated damages, plus costs and actual damages for violating
this provision.
CONTENTS
DISCLAIMER
This Website
disclaims any responsibility for the accuracy of the content of this Website.
Visitors assume all the risk of
viewing, reading, using, or relying upon this information. Unless you have
otherwise formed an express contract to the contrary with this Website, you have
no right to rely on any information contained herein as accurate, reliable or
correct.
Visitors understand that the
Website does not guarantee the accuracy or completeness of any information
provided. The Website is not responsible for any errors or omissions, or
for the results obtained from the use of such information, and shall not be
responsible for any
loss
or damage caused, or alleged to have been caused, directly or indirectly, by the
information or ideas contained, suggested or referenced on the Website.
This Website makes no such warranty.
DISCLAIMER FROM HARM
This Website
assumes no responsibility for damage to computers or software of Visitors or any
person the Visitors subsequently communicates with from corrupting code or data
that is inadvertently passed to the Visitors' computer. Visitors assume
all risk of viruses, worms, loss of data, or other corrupting factors. When Visitors
download data and information from this Website, it is done at their own risk. This Website
makes no warranty that downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms. Visitors access, view and
interact with this Website completely at their own discretion and risk, and
understand and agree that they are solely responsible for any damage or loss of
data resulting from interaction with or download from this Website.
DISCLAIMER OF
WARRANTIES
Visitors expressly agree
that the access and use of the Website is at their sole risk. The Website
is provided on an "as is" and "as available" basis without warranty of any kind.
The Website expressly disclaims all warranties of any kind, express or implied,
including without limitation any warranty of merchantability or fitness for a
particular purpose or non-infringement. The Website makes no warranty that
it will meet the Visitors' requirements, or that it will be uninterrupted,
timely, secure, or error-free. Nor does the Website make any warranty,
guarantee, representation regarding the use, or the results of the use, of this
Website, its products and content in the terms of correctness, accuracy,
reliability or otherwise. The entire risk, as to the results and
performance of the Website, products, or content, are assumed by the Visitors.
If the Website, its products or its content are defective, the Visitors, and not
the Website, assume the entire cost of all necessary servicing, repair or
correction.
LIMITATION OF
LIABILITY
By viewing, using,
or interacting in any manner with this Website, and as a condition of the
Website to allow their lawful viewing, Visitors forever waive 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.
The Website shall not be liable for any direct, indirect, incidental, special or
consequential damages, resulting from the access and use of this Website, the
unavailability or malfunction of this Website, the purchase of its products, or
any of the products themselves. In addition, this limitation applies even
if the Website has been advised of the possibility of such harm or damage.
INDEMNIFICATION
Visitors agree that
in the event they cause damage, which this Website is required to pay for, the
Visitors, as a condition of viewing, promise to reimburse this Website for all
damage incurred. In addition,
Visitors
agree to indemnify and hold the Website harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of the Visitor's use of this Website, the violation of these Terms of Use by
the Visitor, or the infringement by the Visitor of any intellectual property, or
other right of any person.
SUBMISSIONS
Visitors agree as a
condition of viewing, that any communication between them and this 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 this Website and may be used, without further permission,
for commercial use without additional consideration of any kind. Visitors agree
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.
INTERNATIONAL USE
In recognition of the
global nature of the Internet, Visitors agree to comply with all local rules
regarding online conduct and to comply with all applicable laws regarding the
transmission of technical data and information exported from the United States
and to the country in which you reside.
INVALID PORTION
If any part of this agreement
is declared invalid or unenforceable, this shall not affect the validity of any
remaining portion, which shall remain in full force and effect, as if the
invalid portion had been eliminated.
REVISIONS
This Website
reserves the right to change this agreement at its sole discretion at any time.
Visitors have a duty, as part of the consideration for permission to view this
Website, to keep informed of changes.
WEBSITE MODIFICATION
This Website reserves the right,
at its sole discretion at any time, with or without notice, to modify or
discontinue this Website without any liability to Visitors or any third parties.
NOTICE
No additional
notice of any kind for any reason is due to the Visitors, and the Visitors
expressly warrant an understanding that the right to notice is waived as a
condition for permission to view or interact with this Website.
APPLICABLE
LAW AND JURISDICTION
The Terms of Use and the use of
this Website are governed by California law. If any matter concerning this
product purchase shall be brought before a court of law, pre- or
post-arbitration, Visitor agrees to that the sole and proper
jurisdiction shall be Ventura County, California. As a consequence,
Visitor agrees that the applicable law to be applied shall, in all
cases, be that of the state of the owner, Way To Go Media, LLC.
DISPUTES
If a dispute arises under this
policy, the Visitor and the Website agree to try to resolve it with the
help of a mutually agreed-upon mediator in Ventura County, California. In
addition, as part of the consideration that the Website requires of the
Visitor to view, use, or interact with this Site, Visitor
agrees to use binding arbitration for any claim, dispute, or controversy
of any kind arising out of or
relating to 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 them. All hearings will take place in
Ventura County, California. In no case do you have the right to go to court or
have a jury trial, nor will you have the right to engage in pre-trial discovery
except as provided in the rules. You also 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 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 and travel expenses.
CONTACT
For any
additional information about this policy, direct your questions,
comments or concerns to:
Way
To Go Media, LLC
35 W. Main, St. #B176
Ventura,
CA 93001
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