SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
We permit you to use this site subject to the following Terms
of Use ("Terms") which we may update from time to time
without notice to you. Please check these Terms periodically
for changes. By using this site after changes have been made to
these Terms you agree to the changes. If you use any of our other
services you will also be subject to the terms and conditions
that apply to such services.
1. Links and Content
We, or third parties, may produce automated search results
or otherwise provide links to other World Wide Web sites or resources.
We may also provide the opportunity for third parties to submit,
post, transmit or otherwise make available information, data,
text, photographs, sound, graphics, video, messages, reviews or
other materials ("Content") though this site. Because
we either do not review and/or have no control over such sites,
resources, and Content, you acknowledge and agree that we are
not responsible for any Content, nor for the availability of such
sites, and resources, and that we do not endorse and are not responsible
nor liable for any such sites or resources, nor for any Content
contained therein, and you understand that all Content is the
sole responsibility of the person from whom such Content originated.
You further acknowledge and agree that we are not responsible
or liable, directly nor 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, site or resource.
2. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND AGAINST INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES
PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-
FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE
SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY,
INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE
ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY
THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL
THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
3. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY
USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF WE
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY
IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify and hold us and our affiliates, officers,
agents, co- branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of: your use of
the site; Content you submit, post, transmit or otherwise make
available though this site; your violation of these Terms; or
your violation of any rights of another.
5. General Information
These Terms constitute the entire agreement between you and
us with respect to the subject matter hereof, and govern your
use of this site, superseding any prior agreements between you
and us. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party Content
or third-party software. These Terms and the relationship between
you and us will be governed by the laws of the State of California
without regard to its conflict of law provisions. The parties
agree to submit to the personal and exclusive jurisdiction of
the courts located within Butte County, California, for any dispute
arising under or relating to the subject matter of these Terms.
Our failure to exercise or enforce any right or provision of these
Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is found invalid or unenforceable,
that provision will be enforced to the maximum extent possible,
while the remaining provisions of these Terms will remain in full
force and effect.
Effective 17 January 2009