The Sites are offered and made available only to Users (as defined below) 13 years of age or older and if you are not yet 13 years old, or if your use of the Sites is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, please discontinue using the Sites immediately. By using or attempting to use the Sites, you are expressly certifying that you are at least 13 years of age, meet all other eligibility requirements for your use of the Sites and agree to all of the terms and conditions contained in these Terms.
These Terms will remain in full force and effect until terminated in accordance with these Terms or as long as you are a User of the Sites even if your use of or participation in any particular service, feature, function or service terminates, expires, ceases, is suspended or deactivated for any reason. The words "use" or "using" in these Terms means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Sites, transmit, receive or exchange data or communicate with the Sites, or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of the Sites. These Terms do not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites (including, without limitation, graphics, layout, text, instructions, images, audio, videos, designs, games, contests, voting, technology, applications, widgets, artwork, information, data, compilations, advertising copy, logos, domain names, trademarks and services marks, copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the Sites, and all other materials related to the Sites that are owned, controlled or licensed by DECA or the Affiliates (as defined below) (collectively, “Materials”) are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, regulations and international treaties. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for DECA and/or the Affiliates. Nothing contained in these Terms will affect, impair, or limit in any way DECA's rights to exploit fully any or all of the Materials.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DECA's rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of DECA, unless and except as is expressly provided in these Terms. Any other use of the Materials without the prior written authorization of DECA is strictly prohibited.
DISCLAIMER REGARDING CONTENT
You expressly agree that your use of the content on the Sites is at your sole risk. Neither DECA, nor its affiliates, subsidiaries, related companies, licensors, assigns and successors and all of their respective officers, directors, employees, licensors, suppliers, service providers, successors and permitted assigns, representatives and agents (or any other person or entity involved in creating, producing or distributing such content) (collectively, the “Affiliates”) make any warranty as to the results that may be obtained from use of the Sites or as to the accuracy, reliability or content of any information, service or products provided through the Sites.
DECA and the Affiliates do not endorse, warrant or guarantee any products or services offered through the Sites and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. DECA and the Affiliates make the content, products or services available on the Sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
DECA and the Affiliates neither endorse, nor are responsible for the accuracy or reliability of any opinion, advice or statement obtained via the Sites (including those submitted by Users), nor for any offensive, defamatory or obscene posting made in the community areas by anyone. Under no circumstances will DECA or any Affiliates be liable for any loss or damage caused by your reliance on content obtained via the Sites, including any postings in the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content available via the Sites, including the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific content obtained via the Sites, including but not limited to financial, health, or lifestyle content. The content obtained via the Sites is not intended to be a substitute for professional advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. You should not act or refrain from acting on the basis of any content obtained via the Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction. To the extent any financial services or investment information is obtained via the Sites, you are advised to consult with your broker or other financial advisor. Neither DECA nor the Affiliates (including third party content providers) shall have any liability for investment decisions based upon, or the results obtained from, the content obtained via the Sites. Neither DECA nor the Affiliates (including third party content providers) guarantee or warrant the timeliness, sequence, accuracy, or completeness of any information provided via the Sites. Nothing obtained via the Sites shall be construed as investment advice. DECA is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change these Terms. Once we post the revised Terms on the Sites, the changes become effective immediately and your use the Sites thereafter will signify your agreement to be bound by the changes. You should check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. DECA also reserves the right to change, modify, withdraw, suspend or permanently discontinue all or any portion of the Sites at any time, without any liability or obligation to you, with or without notice.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBISTES
The Sites may contain links to third party websites that are not owned or controlled by DECA. The Sites may also include third party content that is not controlled, maintained or endorsed by DECA or other third party communications from and online features by third parties. DECA has no control over, and assumes no responsibility for, the content or practices of third parties.
Your correspondence and business dealings with others found through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.
DECA hereby grants you permission to use the Sites as set forth in these Terms, provided that: (1) your use of the Sites as permitted is solely for your personal, noncommercial use (unless DECA grants you written permission to do so); (2) you will not copy or distribute any part of the Sites in any medium without DECA's prior written authorization; (3) you will not alter or modify any part of the Sites; and (4) you will otherwise comply with the terms and conditions of these Terms.
Intellectual Property violations
If you are a copyright owner or an agent thereof and believe that any content on the Sites infringes upon your copyright, trademark or other intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (described below) with the information listed below in writing (see 17 U.S.C 512(c)(3) for further detail). Note further, pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed infringement on the Sites should be sent ONLY to our Copyright Agent.
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECUAL PROPERTY RIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY DECA, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Copyright Agent:
Mailing Address: 1728 Olympic Blvd., Santa Monica, CA 90404, Attn.: Copyright Agent
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that any content on the Sites violate your rights other than copyrights, please provide DECA with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
There may be portions of the Sites that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
The Sites may now, or in the future, contain forum services, web communities, and other message and communication facilities ("Communities") that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other Users and/or with us and these are referred to in these Terms as a "Post" or "Posting."
DECA reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that DECA deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, DECA shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and DECA neither endorses nor controls User Postings available, delivered or displayed in the Communities and DECA assumes no duty to monitor or endorse Postings within the Communities, nor does DECA represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of these Terms and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not the Sites, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the Sites. Postings do not reflect the views of DECA or any Affiliates. In no event shall DECA or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of these Terms, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Sites; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating your account on the Sites and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(1) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize DECA and the Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting DECA and the Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(2) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of these Terms, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to DECA, any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(3) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant DECA and the Affiliates the right to use such Posting as described herein; and
(4) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Sites per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of the Sites. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
From time to time, DECA's, the Affiliates', or the Sites' service providers, suppliers, and Advertisers may conduct promotions on or through the Sites, including, without limitation, giveaways, contests and sweepstakes ("Promotions"). Each Promotion may have additional rules (“Rules”) that will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms; provided, however, if there is any conflict between the rules for any particular Promotion and these Terms, the Rules shall govern for that Promotion.
RULES OF CONDUCT
Your use of the Sites is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the Sites. You shall not use, allow, or enable others to use the Sites, or knowingly condone use of the Sites by others, in any manner that is, attempts to, or is likely to:
(1) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(2) affect us adversely or reflect negatively on us, the Sites, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Sites, or from advertising, linking or becoming a supplier to us in connection with the Sites;
(3) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
(4) be used for commercial or business purposes, without the prior written consent of DECA, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
(5) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
(6) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
(7) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
(8) gain unauthorized access to the Sites, other Users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Sites or to use the Sites in any manner which violates or is inconsistent with the terms and conditions of these Terms;
(9) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or the rights or use and enjoyment of the Sites by any other person, firm or enterprise; or
(10) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Sites, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
TERMINATION OF YOUR USE
You may terminate your account and User ID, if any, at any time and for any reason, by sending an email to firstname.lastname@example.org with your User name, password, and email address and requesting termination of your account. We may terminate your use of and/or account on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. DECA also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
GENERAL Warranty Disclaimer
THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DECA NOR ANY OF THE AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED ON THE SITES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM DECA OR VIA THE SITES. IN ADDITION, DECA AND THE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
DECA AND THE AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED ON THEM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. DECA AND THE AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY SITE, THAT YOUR USE IS AT YOUR SOLE RISK. DECA AND THE AFFILIATES DO NOT WARRANT THAT YOUR USE OF ANY SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DECA AND THE AFFILIATES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT SITE.
NEITHER DECA NOR ANY OF THE AFFILIATES ENDORSES USER CONTENT, IS RESPONSIBLE FOR USER CONTENT AND DECA AND THE AFFILIATES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OBTAINED THROUGH A SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL DECA OR THE AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DECA OR THE AFFILIATES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN A SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, MOBILE PHONE OR OTHER MOBILE DEVICE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF DECA OR THE AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL DECA OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL DECA'S AND THE AFFILIFATES' TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DECA'S OR THE AFFILIATES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY DECA OR THE AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY DECA OR THE AFFILIATES.
BY ACCESSING A SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless DECA and the Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the Sites; (2) your violation of any term of these Terms; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (5) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you; (6) any misrepresentation made by you; or (7) DECA's or the Affiliates' use of your information. This defense and indemnification obligation will survive these Terms and your use of the Sites. You will cooperate as required by DECA or the Affiliates in the defense of any claim. DECA or the Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of DECA or the Affiliates, as applicable.
LOCATION OF SITES
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DECA to any registration requirement within such jurisdiction or country. DECA controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing a Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of any Site or any portion of a Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. Recognizing the global nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable content.
GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE INTERNAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA GOVERNING CONTRACTS ENTERED INTO AND TO BE FULLY PERFORMED IN THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN SUCH VENUE FOR ANY SUCH LEGAL PROCEEDING AND WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of DECA to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit DECA's rights with respect to such breach or any subsequent breaches. No waiver by DECA of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of DECA. Neither the course of conduct between you and DECA nor trade practice will act to modify these Terms. DECA may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without DECA's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against DECA by virtue of having drafted them.
These Terms, as amended from time to time, constitutes the entire agreement that governs your use of the Sites and supersedes any prior agreements between you and DECA with respect to the subject matter of these Terms.
© 2012 Momversation. Momversation is registered in the U.S. Patent and Trademark Office. A DECA Company. All rights reserved.