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The following describes the terms and conditions
(the "Terms and Conditions") on which We offer you the information
(including the Intellectual Property [as defined below]), services
and products on Our web site and related web pages (collectively,
the "Services").
We reserve the right to modify, amend or restate
the Terms and Conditions from time to time with or without prior
notice.
Your use of this web site and any Services after
the posting of modifications to these Terms and Conditions will
constitute your acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be
bound by the Terms and Conditions. You further agree to comply with
U.S. or other applicable law regarding the transmission of any
information obtained from the Services in accordance with the Terms
and Conditions, not to use the Services for illegal purposes, and
not to interfere or disrupt the networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal
purposes or in any manner inconsistent with the Terms and
Conditions. You agree to use the Services solely for your own
noncommercial use and benefit, and not for resale or other transfer
or disposition to, or use by or for the benefit of, any other person
or entity.
You agree to promptly notify Us upon becoming
aware of any unauthorized access or use of the Services by any party
or any claim that the Services infringes upon any copyright,
trademark or other contractual, statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE,
DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH,
DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM,
TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT
YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT
COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU
RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO
IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY
THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE
IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED
WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU
HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION
CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL
NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN
UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR
ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER
APPLICABLE TERMS AND CONDITIONS.
Intellectual Property
This web site contains material which is derived
in whole or in part from materials supplied by Us and various other
sources. This web site, including but not limited to its text,
logos, content, photographs, flash animations, video, audio and
graphics (the "Intellectual Property"), is protected by copyrights,
service marks, international treaties and/or other proprietary
rights and laws of the U.S. and other countries. The Intellectual
Property is also protected as a collective work or compilation under
U.S. copyright and other laws and treaties. All individual articles,
columns and other elements making up the Services are also
copyrighted works. You agree to abide by all applicable copyright
and other laws, as well as any additional copyright notices or
restrictions contained in the Services.
If you would like to make copies and/or distribute certain
information, please contact us at
info@achristiansbest.com.
No License Granted
You acquire absolutely no rights or licenses in
or to the Services and materials contained therein other than the
limited right to utilize the Services in accordance with the Terms
and Conditions. Should you choose to download content from the
Services, you must do so in accordance with the Terms and
Conditions. Such download is licensed to you by Us only for your own
personal, noncommercial use in accordance with the Terms and
Conditions and does not transfer any other rights to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy,
quality, completeness, currency, or validity of any information on
the web site or linked from the web site. All information contained
on this web site has been obtained from sources believed by Us to be
accurate and reliable. The ads, press releases, and newsletters are
also provided by the identified organizations. We do not edit or
control the information We receive, although it may note obvious
errors that have been discovered. Due to the possibility of human
and mechanical error, We are not responsible for any errors or
omissions.
Rights Reserved
All present and future rights in and to the
Intellectual Property and other proprietary rights of Us of any type
under the laws of any governmental authority, domestic or foreign,
including rights in and to all applications and registrations
relating to the Services (the "Intellectual Property Rights") shall,
as between you and Us, at all times be and remain the sole and
exclusive property of Us. All present and future rights in and title
to the Services (including the right to exploit the Services and any
portions of the Services over any present or future technology) are
reserved to Us for Our exclusive use. Except as specifically
permitted by the Terms and Conditions, you may not copy or make any
use of the Services or any portion thereof.
Liability Disclaimer
The material provided on this web site could
include technical inaccuracies or typographical errors and the web
site may be subject to periods of interruption. We may make changes
or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest
professional quality of the Services We offer on Our web site, We
cannot be held responsible for any errors, defects, lost profits, or
other consequential damages arising from the use of this web site.
We will not be liable for any damages or injury, including but not
limited to, special or consequential damages that result from any
failure of performance, error, omission, interruption, defect, delay
in operation of transmission, or computer virus, the use of, or the
inability to use, the materials in the Services even if there is
negligence by Us or an authorized representative of Us; user has
been advised of the possibility of such damages. The above
limitation or exclusion may not apply to you to the extent that
applicable law may not permit the limitation or exclusion of
liability for incidental or consequential damages. Our total
liability to you for all losses, damages, and causes of action (in
contract, tort (including without limitation, negligence, or
otherwise) will not exceed the amount you paid to Us to access the
Services.
Indemnification
You agree, to the extent permitted by applicable
law, to indemnify and hold Us, Our officers, directors, owners,
agents 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 Services, the violation of these
Terms and Conditions by you, or the infringement by you, or other
user of the Services using your computer, of any Intellectual
Property or other right of any person or entity. We reserve the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
User Submissions to the Web Site
The Services may include message systems,
bulletin boards and/or chat rooms which may provide on-line
participation by and interaction among users. All remarks,
suggestions, ideas, graphics, or other information communicated to
Us through Our Services will become the property of Us. Without
limitation, We will have exclusive ownership of all present and
future existing rights to the User Submission of every kind and
nature everywhere. We will be entitled to use the User Submission
for any purpose whatsoever (consistent with the Privacy Policy then
in effect), without compensation to you or any other person sending
the User Submission.
We do not control the postings of messages,
information or files to chat rooms and bulletin boards. Further, We
have no obligation to monitor chat rooms or bulletin boards or any
other postings of User Submissions.
All Submissions Are Subject to These Further
Conditions
Your use of the Services and submission of
material for publication on the pages of the web site are
conditioned on your adherence to the following policies:
1. You may not restrict or inhibit any other
user from using or enjoying any of the Services.
2. You may not post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, indecent or racially, ethnically or otherwise
objectionable material of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law.
3. You may not post or transmit any information,
software or other material which violates or infringes upon the
rights of others, including material which is an invasion of privacy
or publicity rights or which is protected by intellectual property
rights.
4. You may not post or transmit any information,
software or other material which contains a virus or other harmful
component.
5. You may not post, transmit or in any way
exploit any information, software or other material for commercial
purposes, or which contains commercial advertising.
We reserve the right at all times to disclose
any information as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in Our sole
discretion are objectionable or in violation of its Submission
policies.
Under no circumstances will We be required to
treat any Submission as confidential (subject to Privacy Policy then
in effect), and will not be liable for any ideas for its business
(including, without limitation, product or service ideas) and will
not incur any liability as a result of any similarities that may
appear in Our future operations.
You acknowledge that you are solely responsible
for whatever material you submit, and you, not Us have full
responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright. Your
communication of a Submission is in all respects subject to the
Terms and Conditions, including without limitation those set forth
in "Indemnification."
Links
The Services display links to other web sites
that are not owned or maintained by Us and which may contain
information some people find inappropriate or offensive. We are
therefore not responsible for such web sites and the content
thereof. Website links may become outdated, and the content of the
site being linked to may change. The inclusion of a link to
such web site does not imply endorsement by Us. Viewing of any web
site linked to the Services is at your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify
the information or material that is provided on this web site or
linked to this web site. Unless otherwise specifically indicated, We
have no affiliation with any of the organizations mentioned or
described on the web site, and We make no representations or
warranties with regard to those organizations. Nor do We endorse or
affiliate itself with any of the organizations that are linked to or
from this web site.
Privacy Policy
Our current Privacy Policy is posted here and is
incorporated herein by reference. By using this web site, you
expressly consent to certain disclosures of your personally
identifiable and other personal information provided to you by Us to
third parties, and to use of your information by Us and third
parties, to the extent set forth in Our current Privacy Policy,
unless you otherwise notify Us in accordance with the Privacy
Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon
receiving notice of claimed intellectual property infringement. We
will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital
Millennium Copyright Act and other applicable intellectual property
laws.
All notices of copyright infringement should be
sent to
info@achristiansbest.com.
Notices of copyright infringement should contain
the following information:
1. A physical or electronic signature of a
person authorized to act on behalf of the copyright owner that is
allegedly infringed.
2. Identification of the copyrighted work
claimed to have been infringed.
3. 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.
4. The address, telephone number, or email
address of the complaining party.
5. A statement that the complaining party has a
good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that
the information in the notification is accurate, and that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. We reserve the right to
remove and/or disable access from the Service to web pages of repeat
infringers and reserve the right to terminate all account holders
and subscribers who are repeat infringers of intellectual property
laws.
Access and Interference
Our web site contains robot exclusion headers
and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy Our
Intellectual Property or any other content contained herein without
Our prior written consent. You agree that you will not use any
device, software or routine to interfere or attempt to interfere
with the proper working of the Services. You agree that you will not
take any action that imposes an unreasonable or disproportionately
large load on Our infrastructure.
Access Outside the United States
We make no representation that the materials
provided at this web site are appropriate or available for use in
locations outside of the United States, its territories and
possessions. If you use the Services from other locations, you are
responsible for compliance with applicable local laws.
As a courtesy to Our foreign users, We have
provided translation buttons for certain languages, that are
designed only to assist in reading of the content of the site. The
translations are provided by a third party service. Use of the
translation buttons fall under the terms and conditions of use of
that third party translation service.
General Disclaimer
We are not responsible for any direct, indirect,
incidental, consequential or any other damages arising out of or in
connection with the use of this web site or in reliance on the
information available on the web site. This includes any personal
injury, business interruption, loss of use, lost data, lost profits,
or any other pecuniary loss, whether in an action of contract,
negligence, or other tortuous action, even if We have been informed
of the possibility.
Miscellaneous
These Terms and Conditions will be governed and
be interpreted pursuant to the laws of the State of California,
United States of America, notwithstanding any principles of
conflicts of law and you hereby consent to the jurisdiction of such
courts. If any part of these Terms and Conditions is unlawful, void,
or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions
Our failure to act with respect to a breach by
you or others does not waive Our right to act with respect to
subsequent or similar breaches. If We ask a third party to provide
Services through this web site, the provisions of this agreement
shall apply to your use of the Services, unless otherwise noted. We
shall not be liable for any delay or failure to perform resulting
directly or indirectly from any causes beyond Our reasonable
control.
We may freely assign or update this agreement.
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