Terms of Use


This Web site(“Site”) is offered to you, the user, conditioned on youracceptance of the terms, conditions and notices contained or incorporated byreference herein and such additional terms and conditions, agreements andnotices that may apply to any page or section of the Site.

Overview

Your use of this Siteconstitutes your agreement to all such terms, conditions and notices. Pleaseread them carefully. By using this Site, you agree to these Terms of Use(“Terms of Use”), as well as any other terms, guidelines or rulesthat are applicable to any portion of this Site, without limitation orqualification. If you do not agree to these Terms of Use, you must exit theSite immediately and discontinue any use of information or products from thisSite.

Modification of The Site andThese Terms & Conditions

Siteowner reserves the right tochange, modify, alter, update or discontinue the terms, conditions and noticesunder which this Site is offered and the services, features, links, content,information and any other materials offered via this Site at any time and fromtime to time without notice or further obligation to you except as may beprovided therein. By your continued use of the Site following suchmodifications, alterations or updates, you agree to be bound by suchmodifications, alterations, or updates.

Copyright

All content, text, images andother materials on the Site are either owned or licensed by the Siteowner or bya third party and are protected by U.S. copyright laws and therefore, may notbe used except with our express written consent. Unless otherwise agreed inwriting by us, you may not copy or display or post any content, text, images orother materials offered via this Site on any network computer, website,bulletin board or any other publicly accessible medium. You must keep intact,and may not remove or alter, any copyright or other proprietary notices on anycontent, text, images or other materials offered via this Site.

Trademark

All trademarks, service marks,and trade names (collectively the “Marks”) that appear on this Siteare proprietary to Siteowner, or other respective owners. You may not displayor reproduce the Marks other than with the prior written consent of Siteowner,and you may not remove or otherwise modify any trademark notices from anycontent, text, images or other materials received through the Site.

Links to Third Party Sites

Siteowner may contain links toweb sites operated by third parties other than Siteowner. Such links areprovided for your reference only. Siteowner does not control such web sites,and is not responsible for the contents of these web sites. Siteowner’sinclusion of links to such web sites does not imply any endorsement of thematerial on such web sites. If you decide to access any third party websites,you do so entirely at your own risk, and you may be subject to the terms andconditions and the privacy policies of such websites.

Privacy

Siteowner respects the privacyof users of its Site. Please refer to Siteowner’s Privacy Policy forinformation on users’ rights and responsibilities with respect toinformation collected by Siteowner by clicking here.

Forms, Registration and Passwords

If any of the services,information or materials provided via this Site require you to open an account,register or provide certain information, you agree to complete the accountinitiation, registration or other process by providing Siteowner with current,complete and accurate information as requested by any forms. You acknowledgeand agree that any login, identifier or password issued in connection with thisSite (each, a “Password”) is confidential information. You mustmaintain the confidentiality of any Password, and you may not disclose suchPassword to any other person or entity or permit any other person or entity toaccess this Site using such Password. You agree to notify Siteowner immediatelyof any unauthorized use of any Password or any other breach of security ofwhich you are aware. You may not use any Password that is not issued directlyto you or approved by Siteowner. You acknowledge and agree that Siteowner, inits sole discretion, may suspend or discontinue your, and refuse any and allcurrent and future, access to or use of any portion of this Site at any timewithout notice to you.

Siteowner cannot be responsible,and disclaims all liability in connection with, the use of any information thatyou post or display on this Site. You should use caution when posting anyinformation, including proprietary information and personally identifiableinformation, to this Site.

Monitoring

Siteowner has no obligation tomonitor this Site or any portion thereof. However, Siteowner reserves the rightto review any content, text, images, files, information or other materialssubmitted to or posted on this Site, including, without limitation, on the“Forums” portion of this Site, and remove, delete, redact orotherwise modify such any content, text, images, files, information or othermaterials submitted to or posted on this Site, in its sole discretion, at anytime and from time to time, without notice or further obligation to you.Siteowner does not endorse, and you may not rely on, any content, text, images,files, information or other materials submitted to or posted on this Site.

Siteowner has no obligation todisplay or post any content, text, images, files, information or othermaterials provided by you. Siteowner reserves the right to disclose, at anytime and from time to time, any information or any content, text, images,files, information or other materials submitted to or posted on this Site oridentifying information of the submitter or poster that Siteowner deemsnecessary or appropriate to satisfy any applicable law, regulation, contractobligation, legal or dispute process or government request. Siteowner shall nothave any liability in connection with any content, text, images, files, informationor other materials submitted, transmitted via this Site, or displayed on thisSite, regardless of whether provided by Siteowner or any other party.

 

Dispute Resolution

If any controversy, dispute orclaim arising out of or related to your use of this Site arises, the disputewill be resolved exclusively by binding arbitration in accordance with thecommercial arbitration rules of the American Arbitration Association. However,Siteowner will have the right to petition a court of competent jurisdiction forthe entry of injunctions and orders for specific performance relating to yourunauthorized use of Siteowner’s trademarks, service marks, copyrights,patents, trade secrets or other intellectual property (collectively, the“Intellectual Property”) or any act or omission by you that mayimpair the goodwill associated with the Intellectual Property.

Indemnification

You agree to indemnify, defendand hold harmless Siteowner, its officers, directors, employees, agents,suppliers and third party partners from and against all losses, expenses,damages and costs, including reasonable attorneys’ fees, resulting from:(1) your use of the Site, including, without limitation any content, images,information or other materials submitted or transmitted by you via the Site,(2) any use of any Password chosen by or issued to you, or (3) any violation byyou of: (a) these Terms of Use, (b) any other terms, guidelines or rulesapplicable to the Site, (c) any rights of any other person or entity, and (d)and any applicable laws, rules or regulations.

Enforcement

You hereby agree that theexclusive venue for all litigation, court proceedings, arbitration proceedings,mediation proceedings, lawsuits, court hearings and other hearings initiated byyou will be Orange County, California, USA.  These Terms of Use and therelationship between you and Siteowner will be governed by the laws of theState of California as if you signed these Terms of Use in California. Theprovisions of these Terms of Use which conflict with or are inconsistent withapplicable governing law will be superseded and/or modified by such applicablelaw only to the extent such provisions are inconsistent.

Limitation of Liability

Neither SITEOWNER nor its suppliers will be liable for any direct,indirect, special, punitive, incidental, exemplary or consequential damages, orany damages whatsoever, even if SITEOWNER or a supplier has been previouslyadvised of the possibility of such damages, whether in an action undercontract, negligence, or any other theory, arising out of or in connection withthe use of or inability to access or use the information, services, products,and materials available from this Site, regardless of whether such information,services, products, and materials are provided by SITEOWNER or any third party.Furthermore, to the maximumextent permitted by law, SITEOWNER and its suppliers disclaim allrepresentations and warranties, express or implied, with respect to suchinformation, services, products, and materials, whether provided or owned by itor them or by any third party, including, but not limited to, warranties ofmerchantability, fitness for a particular purpose, title, non-infringement,freedom from computer virus, and implied warranties arising from course ofdealing or course of performance. In addition, SITEOWNER does not represent orwarrant that the information and materials accessible via this Site areaccurate, complete or current, and you may not rely on the information andmaterials accessible via this Site. Theselimitations will apply notwithstanding any failure of essential purpose of anylimited remedy.

Personal &Non-Commercial Use Limitation

This Site is for your personaland non-commercial use. You may not modify, copy, distribute, transmit,display, perform, reproduce, publish, license, create derivative works from,transfer, or sell any information, software, products or services obtained fromthis Site. The content available through this Site is the sole property ofSiteowner or its licensors and is protected by patent, copyright, trademark,trade secret and other intellectual property laws. Except as otherwiseexplicitly agreed in writing, Siteowner-owned content received through thisSite may be downloaded, displayed, and printed for your personal, non-commercialuse only. Content owned by Siteowner licensors may be subject to additionalrestrictions. You agree not to reproduce, retransmit, distribute, disseminate,sell, publish, broadcast or circulate the content received through this Site toanyone, including but not limited to others in the same company or organizationwithout Siteowner’s express prior written consent.

Liability Disclaimer

ALL CONTENT PROVIDED ON THISSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OREDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACTEXPRESS OR IMPLIED BETWEEN SITEOWNER AND YOU, EXCEPT FOR THESE TERMS OF USE,THE SITEOWNER PRIVACY POLICY AND THE SITEOWNER FORUM TERMS OF USE. WITHOUTLIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICESPUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SITEOWNER AND/OR ITSRESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANYTIME. SITEOWNER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUTTHE SUITABILITY, ACCURACY AND COMPLETENESS OF THE INFORMATION, SOFTWARE,PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCHINFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”WITHOUT WARRANTY OF ANY KIND. AS A CONDITION OF YOUR USE OF THIS SITE, YOUWARRANT TO SITEOWNER THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT ISUNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES.

General

Use of this Site is unauthorizedin any jurisdiction that does not give effect to all provisions of these termsand conditions, including without limitation this paragraph. You agree that nojoint venture, partnership, employment, or agency relationship exists betweenyou and Siteowner as a result of this agreement or use of this Site.Siteowner’s performance of this agreement is subject to existing laws andlegal process, and nothing contained in this agreement is in derogation ofSiteowner’s right to comply with law enforcement requests or requirementsrelating to your use of this Site or information provided to or gathered bySiteowner with respect to such use. If any part of this agreement is determinedto be invalid or unenforceable pursuant to applicable law including, but notlimited to, the warranty disclaimers and liability limitations set forth above,then the invalid or unenforceable provision will be deemed superseded by avalid, enforceable provision that most closely matches the intent of theoriginal provision and the remainder of this agreement shall continue ineffect. This agreement constitutes the entire agreement between the user andSiteowner with respect to this Site and it supersedes all prior orcontemporaneous communications and proposals, whether electronic, oral orwritten, between the user and Siteowner with respect to this Site. A printedversion of this agreement and of any notice given in electronic form shall beadmissible in judicial or administrative proceedings based upon or relating tothis agreement to the same extent and subject to the same conditions as otherbusiness documents and records originally generated and maintained in printedform.


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