Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to this web Site located at( ) and its owners ("SITE"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE, NOTIFY THE SITE IMMEDIATELY SO YOUR ACCESS INFORMATION CAN BE TERMINATED.

This Site reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use and pay the required fee, you are granted a personal limited privilege to the Site. The Site reserves the right to cancel your access to the Site at any time and refund a pro-rated fee.

Content

All text, information, user interfaces, visual interfaces, documents, trademarks, logos, and computer code (collectively, "Content"), contained on the Site is owned, controlled or licensed by or to its owner, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise.

Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The owner reserves the right to bar any such activity.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site require you to open an account (including setting up an user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the owner of the Site immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the owner of the Site, or any other user of or visitor to the Site due to someone else using your user name and password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's use name and password or account at any time without the express permission and consent of the holder of that password or account. The Site cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Your personal information will be not distributed to any other persons or organizations, unless deemed necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) this Site's rights or property, or the rights or property of visitors to or users of the Site, including its customers. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

THE SITE DOES NOT PROMISE THAT ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT DOES NOT REPRESENT LEGAL ADVICE FOR YOUR SPECIFIC SITUATION.

THE CONTENT IN THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU UNDERSTAND THE INFORAMTION MAY NOT ALWAYS BE ACCURATE AND THAT THE CONTENT MAY BE THE OPINIONS AND SUBJECT INTERPRETATIONS OF THE SITE. THE SITE DOES NOT GUARANTEE THE SUCCESS OF YOUR PLAN, ITS INVESTMENTS, OR THE COMPLIANCE OF YOUR PLAN IN REGARDS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT AND ANY OTHER REGULATIONS AFFECTING YOUR PLAN. YOU SHOULD CONSULT YOUR PLAN ADMINISTRATOR FOR FURTHER GUIDANCE AND THE UNIQUE ADMINISTRATION AND OPERATIONAL ISSUES APPLICABLE TO YOUR PLAN.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Indemnity

You agree to indemnify and hold this Site, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

The Site and its owners may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) this Site's rights or property, or the rights or property of visitors to or users of the Site, including its customers.

The Site reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Site also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that the Site may preserve any transmittal or communication by you with it through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or it determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Site,, and the public.

You agree that the Site may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Site, for which monetary damages would be inadequate, and you consent to the Site obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Site may have at law or in equity.

You agree that the Site may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If the Site does take any legal action against you as a result of your violation of these Terms of Use, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Site. You agree that the Site will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Indemnity

You agree to indemnify and hold this Site, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made by any third party due to or arising out of or in connection with your use of the Site.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between the Site and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Confidentiality

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. You may not provide your personal access information to any other persons or organizations without written consent from the owner of this Site. You understand that by your access to this Site that the content is limited to your personal use only.

Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential. The Site shall be free to use such information on an unrestricted basis.

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