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TERMS AND CONDITIONS
("the Terms of Use")
You should carefully read the
Terms of Use before using Our Site. By using Our Site or indicating
your agreement by clicking the Accept button putting a check
in the Accept box, you agree to be bound by the Terms of Use.
This is a legally binding agreement. If you do not agree with
the Terms of Use you should not use Our Site.
1. We agree to provide you access
to Our Site in accordance with the Terms of Use.
2. You agree to use Our Site
in a manner consistent with any and all applicable rules and
regulations.
3. You accept that Our Site is
provided on an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL
DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE
NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF
OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR
NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER
PARTY.
6. WE MAY FOR MARKETING PURPOSES
COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU
IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download
one copy of the material on our Site on one computer for your
personal, non-commercial use only but you may not in so doing
remove or amend any trademark, copyright or other proprietary
notice.
8. Subject to the above, you
may not modify, copy, distribute, republish or upload any of
the material on our Site without our prior consent in writing.
No intellectual property or other rights shall be transferred
to you.
9. To the extent that portions
of our Site (such as "chat rooms" or "bulletin boards") provide
users an opportunity to post and exchange information, ideas
and opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN,
EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB
SITE, and Postings do not necessarily reflect our views. To
the fullest extent permitted by applicable laws, we exclude
all responsibility and liability for the Postings or for any
losses or expenses resulting from their use and/or appearance
on our Site.
10. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS,
AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES
OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS,
LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER,
EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor
all materials posted on this bulletin board (“Postings”) and
to remove any which we consider in our absolute discretion to
be offensive or otherwise in breach of these Terms of Use.
12. You hereby represent and
warrant that you have all necessary rights in and to all Postings
you provide and all material they contain and that such Postings
shall not infringe any proprietary or other rights of third
parties.
13. Where we provide hypertext
links to other sites we do so for information purposes only,
and such links are not endorsements by us of any products or
services in such sites and we accept no liability nor make any
endorsement or approval of the same.
14. The Terms of Use contain
the entire understanding between us with respect of Our Site
and no representation, statement, inducement oral or written,
not contained herein shall bind either of us.
15. Should any part of the Terms
of Use be declared invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity of any remaining
portion and such remaining portion shall remain in full force
and effect as if the invalid portion of the Terms of Use had
been eliminated.
16. This Agreement is governed
by the laws of the State of Arizona, without regard to principles
of conflict of laws.
To the extent you have in any
manner violated or threatened to violate Peak Aspirations LLC
and/or its affiliates' intellectual property rights, Peak Aspirations
LLC and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Arizona,
and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved
as follows:
If a dispute arises under this
agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following location:
Tucson, Arizona. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each
of us.
If it proves impossible to arrive
at a mutually satisfactory solution through mediation, we agree
to submit the dispute to binding arbitration at the following
location: Tucson, Arizona, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
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