COPYRIGHT POLICY. All information available through and from the Site is the property of the Company and is protected by copyright and other intellectual property laws. All rights reserved.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information you obtain from the Site without the express written consent of the Company. You are entitled to use the information from the Site only for your personal, non-commercial use.
SEVERABILITY WAIVER. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that the T&C shall otherwise remain in full force and effect and enforceable. The remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
ARBITRATION. By using the Site or Services, or downloading content from or registering for the Services, you thereby agree with the Company that, to the fullest extent permitted by law, you and the Company will resolve any arbitral claim (as defined below) by binding arbitration through the judicial arbitration and mediation services ('JAMS') San Clemente, California.
As used in this agreement, an 'arbitral claim' is any claim or dispute you have against or with the Company or company indemnified parties, or any claim the Company has against or with you, arising out of or relating to this Agreement, the Site, the Services or any advertising relating to the Site or Services, including the enforceability of this Agreement to arbitrate, but specifically excluding: claims by the company to enforce its intellectual property rights and/or to prevent or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage.
Moreover, neither party is precluded from seeking relief in a court located in s, for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized above. by using or downloading content from or registering for or using the Site or Services, you are further agreeing with the Company that neither you nor the Company will join any arbitral claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no arbitral claim will be resolved on a class-wide basis; and that neither you nor the Company will assert an arbitral claim in a representative capacity on behalf of anyone else. by using or downloading content from or registering for or using the site or services, you also are agreeing with the Company that you and the Company hereby waive the right to a jury trial for any arbitral claim. if for any reason this Agreement to arbitrate is held not to apply to an arbitral claim, whether such arbitral claim is against you, the Company or a company indemnified party, both you and the Company still agree to waive trial by jury for that arbitral claim.
MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including 'line-noise' interference). The Company may freely assign the T&C. The T&C shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof.
You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Clemente County, California as the legal forum for any dispute arising out of the T&C and/or or your access to or use of the Site and not precluded as an arbitral claim.
Both parties agree that the T&C are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the T&C, and that all modifications hereto must be in a writing, signed by both parties, except as otherwise provided herein. If there is any conflict between the T&C and any additional terms, conditions, and rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of the T&C and you do not have authority of any kind to bind Company in any respect whatsoever.