You may be transferred to online merchants or other third-party sites through links or frames from this Site. You are cautioned to read their terms and conditions and/or privacy policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of that site by the Company, its advertisers or licensors, or any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever as to such third-party sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this Site, the suitability of the information contained on or received through use of this Site, or any service or products received through this Site. All information and use of this Site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties as to the use of this Site, the information contained or received through use of this Site, and any services or products received through this Site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this Site are accurate, reliable or correct; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Site are free of viruses or other harmful components. Your use of this Site is solely at your own risk. User agrees that it has relied on no warranties, representations or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Site, or any services, information or products from this Site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this Site for any purpose that violates any local, state, or federal law or regulation, or any law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault another, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity due to a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This Site (excluding third-party linked Sites) is controlled by the Company from its offices within the State of California, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws that may differ, by accessing this Site, both you and the Company agree that the statutes and laws of the State of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Santa Barbara County, California, United States of America and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this Site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. This Site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the most current version.
Last Revised: February 12, 2025