Swiiiing Terms of Use
TERMS OF USE
swiiiing.com
1. ACCEPTANCE OF TERMS
This website, swiiiing.com, (hereinafter the "Site"), is made by a Nevada Limited Liability Company (the "Company"). Site includes all information, documents, communications, files, text, graphics, software, products and services available through the site (collectively, the "Materials") and all services operated by Company and third parties through the site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Company may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Company reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
2. DEFINED TERMS
All user-supplied photographs, graphics, information, materials, files, profiles, communications, and documents are referred to collectively as "User Content." "Company Content" means all Materials provided by Company. User Content and Company Content may have different restrictions and conditions associated with them.
3. MEMBERS
Members will be required to create profiles and provide certain information, such as the Members' physical attributes, time availability, contact information; all such information MUST BE ACCURATE.
Members may not post adult content or explicit adult material unless (i) such material is permitted under applicable federal, state, and local law; and (ii) you are at least the age of eighteen years (18) (twenty-one years (21) in those places where eighteen is not the age of majority). Members may not post or upload to the Site obscene, lewd, or indecent graphics or photographs. MEMBERS MAY NOT SOLICIT DIRECTLY OR IN "CODED" FORM ANY ILLEGAL SERVICE, OR THE EXCHANGE OF SEXUAL FAVORS FOR MONEY OR OTHER VALUABLE CONSIDERATION.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
4. USER VERIFICATION
All Materials and communications contained on this Site are intended for distribution exclusively to consenting adults in locations where the materials and communications contained at this Site do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No person under the age of eighteen (18) years (or twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of this Site or take advantage of the service offered on this Site.
You hereby acknowledge and represent that you know and understand that the materials presented on this Site for viewing or downloading include explicit visual and/or textual depictions of nudity and sexual activities; that you are familiar with materials of this nature; that you are not offended by such materials; and that by agreeing to these terms of use you are warranting to the Company that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing. You further represent, affirm and warrant that you are currently over the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) and are capable of lawfully entering into this agreement.
5. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Company does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. In addition to the Materials and Services offered by Company, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Company Content and User Content available on this Site subject to the following conditions:
1 The Company Content and User Content may be used solely for personal, informational, and internal purposes.
2 The Company Content and User Content may not be modified or altered in any way.
3 The Company Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4 You may not remove any copyright or other proprietary notices contained in the Company Content and User Content.
5 Company reserves the right to revoke the authorization to view, download, and print the Company Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
6 The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Company Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
6. TRADEMARK INFORMATION
The trademarks, including the "SWIIIING" trademark and variations thereof, logos, and service marks ("Marks") displayed on this Site are the property of Company. You are not permitted to use the Marks without the prior written consent of Company.
7. LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Company the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as profile information, photographs, and any other User Content, you grant Company a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Company the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site and for promotional uses.
8. PROHIBITED CONTENT & COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or illegal pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Any images uploaded or downloaded may NOT include any form of child pornography including any images of naked children, rape, or Bestiality or any other illegal pornographic materials, including links to other sites which may contain any such images, movies clips, web pages or information on these subjects. Permitted adult pages shall include a clear and details disclaimer page which notifies visitors that all visitors must be of adult age to view such pages and that the materials are of a pornographic and adult nature. Violation of these restrictions may result in account suspension, denial of or limitations on access by you to this Site, and such suspensions or denial of access will not be accompanied by any refunds whatsoever.
9. USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another's account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
10. MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability, and with any refund payment to you. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
11. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. This Site facilitates the connection of its users, and Company makes no warranties whatsoever with respect to Site users or the experience of the Users in connection with Site and live meetings with other Users. Company does not screen the Site users and cannot vouch for the integrity of any of its users. You should take every precaution to ensure your safety when providing other users private information or when meeting with other users. Without limiting the foregoing, Company makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Company makes no commitment to update such Materials or Services.
Company does not screen its users and cannot vouch for the integrity of any of the users on this Site, you therefore understand and acknowledge that (i) Company does not control, endorse, or accept responsibility for any users on this Site; (ii) Company makes no representation or warranties whatsoever about any such Members or Site users; (iii) any dealings you may have with other individuals, whether in-person or otherwise, are at your own risk; and (iv) Company shall not be liable or responsible for any content, products, or services offered by Site users or for injuries sustained as a result of an in-person meeting with any other individual.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Company or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
12. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others. Please review our Privacy Policy for more on the information we collect and the manner in which we use such information.
13. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, or partners be liable to you or any third party for any personal injury, special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, personal injury or death sustained as a result of an in-person meeting with another user, or damages resulting from loss of use, or data, whether or not Company has been advised of the possibility of such damages and injury, and on any theory of liability, including torts, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any other individual on or through the Site, any dealings with users, whether in-person or otherwise, or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
14. INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
15. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the state of Nevada, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Sacramento, California, except that, to the extent you have in any manner violated or threatened to violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
ND: 4827-1542-0675, v. 1
swiiiing.com
1. ACCEPTANCE OF TERMS
This website, swiiiing.com, (hereinafter the "Site"), is made by a Nevada Limited Liability Company (the "Company"). Site includes all information, documents, communications, files, text, graphics, software, products and services available through the site (collectively, the "Materials") and all services operated by Company and third parties through the site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Company may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Company reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
2. DEFINED TERMS
All user-supplied photographs, graphics, information, materials, files, profiles, communications, and documents are referred to collectively as "User Content." "Company Content" means all Materials provided by Company. User Content and Company Content may have different restrictions and conditions associated with them.
3. MEMBERS
Members will be required to create profiles and provide certain information, such as the Members' physical attributes, time availability, contact information; all such information MUST BE ACCURATE.
Members may not post adult content or explicit adult material unless (i) such material is permitted under applicable federal, state, and local law; and (ii) you are at least the age of eighteen years (18) (twenty-one years (21) in those places where eighteen is not the age of majority). Members may not post or upload to the Site obscene, lewd, or indecent graphics or photographs. MEMBERS MAY NOT SOLICIT DIRECTLY OR IN "CODED" FORM ANY ILLEGAL SERVICE, OR THE EXCHANGE OF SEXUAL FAVORS FOR MONEY OR OTHER VALUABLE CONSIDERATION.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
4. USER VERIFICATION
All Materials and communications contained on this Site are intended for distribution exclusively to consenting adults in locations where the materials and communications contained at this Site do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No person under the age of eighteen (18) years (or twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of this Site or take advantage of the service offered on this Site.
You hereby acknowledge and represent that you know and understand that the materials presented on this Site for viewing or downloading include explicit visual and/or textual depictions of nudity and sexual activities; that you are familiar with materials of this nature; that you are not offended by such materials; and that by agreeing to these terms of use you are warranting to the Company that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing. You further represent, affirm and warrant that you are currently over the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) and are capable of lawfully entering into this agreement.
5. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Company does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. In addition to the Materials and Services offered by Company, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Company Content and User Content available on this Site subject to the following conditions:
1 The Company Content and User Content may be used solely for personal, informational, and internal purposes.
2 The Company Content and User Content may not be modified or altered in any way.
3 The Company Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4 You may not remove any copyright or other proprietary notices contained in the Company Content and User Content.
5 Company reserves the right to revoke the authorization to view, download, and print the Company Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
6 The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Company Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
6. TRADEMARK INFORMATION
The trademarks, including the "SWIIIING" trademark and variations thereof, logos, and service marks ("Marks") displayed on this Site are the property of Company. You are not permitted to use the Marks without the prior written consent of Company.
7. LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Company the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as profile information, photographs, and any other User Content, you grant Company a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Company the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site and for promotional uses.
8. PROHIBITED CONTENT & COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or illegal pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Any images uploaded or downloaded may NOT include any form of child pornography including any images of naked children, rape, or Bestiality or any other illegal pornographic materials, including links to other sites which may contain any such images, movies clips, web pages or information on these subjects. Permitted adult pages shall include a clear and details disclaimer page which notifies visitors that all visitors must be of adult age to view such pages and that the materials are of a pornographic and adult nature. Violation of these restrictions may result in account suspension, denial of or limitations on access by you to this Site, and such suspensions or denial of access will not be accompanied by any refunds whatsoever.
9. USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another's account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
10. MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability, and with any refund payment to you. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
11. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. This Site facilitates the connection of its users, and Company makes no warranties whatsoever with respect to Site users or the experience of the Users in connection with Site and live meetings with other Users. Company does not screen the Site users and cannot vouch for the integrity of any of its users. You should take every precaution to ensure your safety when providing other users private information or when meeting with other users. Without limiting the foregoing, Company makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Company makes no commitment to update such Materials or Services.
Company does not screen its users and cannot vouch for the integrity of any of the users on this Site, you therefore understand and acknowledge that (i) Company does not control, endorse, or accept responsibility for any users on this Site; (ii) Company makes no representation or warranties whatsoever about any such Members or Site users; (iii) any dealings you may have with other individuals, whether in-person or otherwise, are at your own risk; and (iv) Company shall not be liable or responsible for any content, products, or services offered by Site users or for injuries sustained as a result of an in-person meeting with any other individual.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Company or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
12. PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others. Please review our Privacy Policy for more on the information we collect and the manner in which we use such information.
13. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, or partners be liable to you or any third party for any personal injury, special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, personal injury or death sustained as a result of an in-person meeting with another user, or damages resulting from loss of use, or data, whether or not Company has been advised of the possibility of such damages and injury, and on any theory of liability, including torts, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any other individual on or through the Site, any dealings with users, whether in-person or otherwise, or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
14. INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
15. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the state of Nevada, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Sacramento, California, except that, to the extent you have in any manner violated or threatened to violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
ND: 4827-1542-0675, v. 1
