Aloha Beach Camp.com Terms of Service
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General
This alohabeachcamp.com website (the "Site") is owned and operated by Aloha Day Camp LLC (“ADC,” "we," "us," or “our”). By using this Site, you agree to be
bound by these Terms of Service ("TOS") and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions
that may apply to specific sections of the Site or to products and services available on or through the Site. By accessing and/or using the Site in any way, you
signify your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on your use of
the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any changes, you
accept the Terms of Service, as modified. If you do not agree to these Terms of Service, including any and all modified Terms of Service, you are not authorized to
use this Website.
Intellectual Property Rights
Our Limited License to You
This Site and all the information, content and materials available on the Site are the property of us and/or our affiliates or licensors or other third parties, and are
protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site
or the content, information or materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms of Service or by the owner of the content, information or materials, you may not modify, copy,
reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other
electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your
personal, noncommercial use provided you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any content, information or material (including, without limitation, text, postings, messages, discussions, photos and videos) to us via the
Site, you are representing: (i) that you are the owner of the information, content or material, or are making your posting or submission with the express consent
of the owner of the content, information or material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any content,
information or material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to
use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such information, content or material, in whole
or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or
submissions by name, email address, username or screen name, as we deem appropriate.
Interactive Features
This Site may may include a variety of features and functions, including but not limited to message boards, chat rooms, messaging functions and email services,
which allow real-time interaction between users and other methods of communication (“User Generated Content”). Responsibility for what is posted on message
boards, chat rooms, blogs, and other public posting areas on the Site, or sent via any email or messaging services on the Site (including but not limited to private
messaging), lies with each user – you alone are responsible for the information, content or material you post or send. We do not control the messages, content,
information, material or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
When participating in a public area of the Site, including using the Site’s interactive features and/or posting User-Generated Content, never assume that people
are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Such information may not be reliable, and
it is not a good idea to take any action, including without limitation to make any summer camp or program decisions, based solely or largely on information you
cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in, on or through this Site, and we shall not be responsible
for any decisions made or actions taken or not taken based on such information or content
You understand that we have no obligation to monitor any message boards, chat rooms, messaging features or other areas of the Site through which users can
post, transmit or view any information, content or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy
any law, regulation or governmental request, or to refuse to post, edit or remove any information, content or materials, in whole or in part, that in our sole
discretion is objectionable or in violation of these Terms of Service or for any other reason. We also reserve the right to deny access to the Site or any features of
the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of
others.
Registration
To access certain features of the Site, you may be required to register. You agree to provide true, accurate, current and complete information about yourself as
prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable
information you provide to us as part of the registration process is governed by the terms of our privacy policy.
Passwords
To use certain features of the Site, you may need a username and password which you will choose and/or receive through the Site’s registration process. You are
responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur
under your password, username or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Online Commerce
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. We are not responsible for the quality,
accuracy, timeliness, reliability, safety, or any other aspect of such products and services.
If you make a purchase from a merchant on the Site, or from a site linked to by the Site, the information obtained during your visit to that merchant’s online store
or site, and the information you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant
and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply
to your purchase or use of such products or services. For more information regarding a merchant, including without limitation a summer camp or program, its online
store (or method by which it conducts online sales), its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website
and click on its information links or contact the merchant directly.
You release us and our licensors and affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase
or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to
purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or
fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal
information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Linked Sites
This Site may provide links to other World Wide Web sites or resources. Because we may not have control over such sites and resources, you acknowledge and
agree that we are not responsible for the availability of such external sites or resources, and do not necessarily endorse and are not responsible or liable for any
content, information, advertising, products, services or other materials on or available from or through such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource.
ANY CORRESPONDENCE OR BUSINESS DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS) USING ANY LINKED SITES, INCLUDING THE
DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH
DEALINGS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY
SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR ANY THIRD PARTIES ON THIS SITE.
Use of Company Directories
The information contained in any company directories or search results that may be provided on the Site is provided for business lookup purposes and is not to be
used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no
event will we or our suppliers or affiliates be liable in any way with regard to such information.
Communications
As part of your use of the Site, you agree to receive a series of ongoing communications regarding the Site and related matters. Upon the receipt of these
communications, you will have the option to opt-out or unsubscribe.
Advertising
When you submit an advertisement for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign
all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a
commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only
standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole
discretion. Rates and specifications are subject to change.
Children
This Site is not intended for children under the age of 13. We will not knowingly collect personally identifiable information from children under 13, and if you are
under the age of 13 then you may not register to use this Site. Further, we may, at our discretion, require users under 18 to obtain the consent of a parent or
guardian to view certain information, content or materials, and we may limit access to certain content to users above a specified age. You agree to abide by any
such restrictions, and not to help anyone avoid these restrictions.
WE STRONGLY RECOMMEND THAT PARENTS AND LEGAL GUARDIANS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES
AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Disclaimers
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
INFORMATION, CONTENT AND MATERIALS ON THIS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE, INCLUDING, WITHOUT LIMITATION, USER-
GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS,
RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from this
Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Site or third-party
information, content or materials contained on this Site (including, without limitation, User-Generated Content). We do not endorse any of the merchandise, goods
or services nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-
party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card
and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information,
content and materials contained on this Site (including, without limitation, User-Generated Content), on third party sites, and any information, content and
materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, MATERIALS OR
FUNCTIONS ON THIS SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold ADC, its principals, officers, directors, employees, agents, representatives, licensors, licensees, affiliates, successors,
assigns and each person and entity involved in creating and delivering this Site harmless from any claim or demand, including attorney fees and court costs, made
by any third party due to or arising out of any content, information or material you post, submit or make available through the Site, of your use of the Site, your
violation of these Terms of Service, your breach of any of the representations and warranties herein, or your violation of the rights of another.
United States Jurisdiction
The Site is operated in the United States of America. We do not represent that content, information or materials presented on the Site are appropriate or available
for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in our Privacy Policy which is incorporated herein
by reference. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Site. If you do not agree with our privacy policy, you may not use
the Site.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no
longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded
from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Choice of Law and Forum
This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of law provisions. You and
ADC hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, state of California.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous
and contemporaneous agreements, proposals and communications, oral or written. You also may be subject to additional terms and conditions that may apply
when you use the products or services of a third party that are provided through the Site. If any provision of this agreement shall be found to be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any
remaining provisions.
This agreement is subject to change. The most recent update was December 29, 2009.
Home
This alohabeachcamp.com website (the "Site") is owned and operated by Aloha Day Camp LLC (“ADC,” "we," "us," or “our”). By using this Site, you agree to be
bound by these Terms of Service ("TOS") and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions
that may apply to specific sections of the Site or to products and services available on or through the Site. By accessing and/or using the Site in any way, you
signify your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on your use of
the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any changes, you
accept the Terms of Service, as modified. If you do not agree to these Terms of Service, including any and all modified Terms of Service, you are not authorized to
use this Website.
Intellectual Property Rights
Our Limited License to You
This Site and all the information, content and materials available on the Site are the property of us and/or our affiliates or licensors or other third parties, and are
protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site
or the content, information or materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms of Service or by the owner of the content, information or materials, you may not modify, copy,
reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other
electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your
personal, noncommercial use provided you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any content, information or material (including, without limitation, text, postings, messages, discussions, photos and videos) to us via the
Site, you are representing: (i) that you are the owner of the information, content or material, or are making your posting or submission with the express consent
of the owner of the content, information or material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any content,
information or material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to
use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such information, content or material, in whole
or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or
submissions by name, email address, username or screen name, as we deem appropriate.
Interactive Features
This Site may may include a variety of features and functions, including but not limited to message boards, chat rooms, messaging functions and email services,
which allow real-time interaction between users and other methods of communication (“User Generated Content”). Responsibility for what is posted on message
boards, chat rooms, blogs, and other public posting areas on the Site, or sent via any email or messaging services on the Site (including but not limited to private
messaging), lies with each user – you alone are responsible for the information, content or material you post or send. We do not control the messages, content,
information, material or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of
the networks we use to provide the Site - Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person
- Harm minors in any way
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or
other illicit means - Obtain or attempt to obtain any content, materials or information through any means not intentionally made available through this Site
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information,
content or materials of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or international law - Use the Site to post or transmit any information, content, software or other material that violates or infringes upon the rights of others, including material
that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or rights holder - Use the Site to post or transmit any information, content, software or other material that contains a virus or other harmful component
- Use the Site to post, transmit or in any way exploit any information, content, software or other material for commercial purposes, or that contains advertising
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval
- Gather for marketing or any other purposes any email addresses or other personal information that has been posted by other users of the Site or harvest
any such information about such users without such users’ express written consent
When participating in a public area of the Site, including using the Site’s interactive features and/or posting User-Generated Content, never assume that people
are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Such information may not be reliable, and
it is not a good idea to take any action, including without limitation to make any summer camp or program decisions, based solely or largely on information you
cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in, on or through this Site, and we shall not be responsible
for any decisions made or actions taken or not taken based on such information or content
You understand that we have no obligation to monitor any message boards, chat rooms, messaging features or other areas of the Site through which users can
post, transmit or view any information, content or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy
any law, regulation or governmental request, or to refuse to post, edit or remove any information, content or materials, in whole or in part, that in our sole
discretion is objectionable or in violation of these Terms of Service or for any other reason. We also reserve the right to deny access to the Site or any features of
the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of
others.
Registration
To access certain features of the Site, you may be required to register. You agree to provide true, accurate, current and complete information about yourself as
prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable
information you provide to us as part of the registration process is governed by the terms of our privacy policy.
Passwords
To use certain features of the Site, you may need a username and password which you will choose and/or receive through the Site’s registration process. You are
responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur
under your password, username or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Online Commerce
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. We are not responsible for the quality,
accuracy, timeliness, reliability, safety, or any other aspect of such products and services.
If you make a purchase from a merchant on the Site, or from a site linked to by the Site, the information obtained during your visit to that merchant’s online store
or site, and the information you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant
and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply
to your purchase or use of such products or services. For more information regarding a merchant, including without limitation a summer camp or program, its online
store (or method by which it conducts online sales), its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website
and click on its information links or contact the merchant directly.
You release us and our licensors and affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase
or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to
purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or
fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal
information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Linked Sites
This Site may provide links to other World Wide Web sites or resources. Because we may not have control over such sites and resources, you acknowledge and
agree that we are not responsible for the availability of such external sites or resources, and do not necessarily endorse and are not responsible or liable for any
content, information, advertising, products, services or other materials on or available from or through such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource.
ANY CORRESPONDENCE OR BUSINESS DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS) USING ANY LINKED SITES, INCLUDING THE
DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH
DEALINGS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY
SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR ANY THIRD PARTIES ON THIS SITE.
Use of Company Directories
The information contained in any company directories or search results that may be provided on the Site is provided for business lookup purposes and is not to be
used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no
event will we or our suppliers or affiliates be liable in any way with regard to such information.
Communications
As part of your use of the Site, you agree to receive a series of ongoing communications regarding the Site and related matters. Upon the receipt of these
communications, you will have the option to opt-out or unsubscribe.
Advertising
When you submit an advertisement for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign
all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a
commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only
standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole
discretion. Rates and specifications are subject to change.
Children
This Site is not intended for children under the age of 13. We will not knowingly collect personally identifiable information from children under 13, and if you are
under the age of 13 then you may not register to use this Site. Further, we may, at our discretion, require users under 18 to obtain the consent of a parent or
guardian to view certain information, content or materials, and we may limit access to certain content to users above a specified age. You agree to abide by any
such restrictions, and not to help anyone avoid these restrictions.
WE STRONGLY RECOMMEND THAT PARENTS AND LEGAL GUARDIANS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES
AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Disclaimers
THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
INFORMATION, CONTENT AND MATERIALS ON THIS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE, INCLUDING, WITHOUT LIMITATION, USER-
GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS,
RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from this
Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Site or third-party
information, content or materials contained on this Site (including, without limitation, User-Generated Content). We do not endorse any of the merchandise, goods
or services nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-
party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card
and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information,
content and materials contained on this Site (including, without limitation, User-Generated Content), on third party sites, and any information, content and
materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, MATERIALS OR
FUNCTIONS ON THIS SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100
(WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold ADC, its principals, officers, directors, employees, agents, representatives, licensors, licensees, affiliates, successors,
assigns and each person and entity involved in creating and delivering this Site harmless from any claim or demand, including attorney fees and court costs, made
by any third party due to or arising out of any content, information or material you post, submit or make available through the Site, of your use of the Site, your
violation of these Terms of Service, your breach of any of the representations and warranties herein, or your violation of the rights of another.
United States Jurisdiction
The Site is operated in the United States of America. We do not represent that content, information or materials presented on the Site are appropriate or available
for use in other locations. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in our Privacy Policy which is incorporated herein
by reference. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Site. If you do not agree with our privacy policy, you may not use
the Site.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no
longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded
from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Choice of Law and Forum
This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of law provisions. You and
ADC hereby agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, state of California.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous
and contemporaneous agreements, proposals and communications, oral or written. You also may be subject to additional terms and conditions that may apply
when you use the products or services of a third party that are provided through the Site. If any provision of this agreement shall be found to be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any
remaining provisions.
This agreement is subject to change. The most recent update was December 29, 2009.
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