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WE PROVIDE THIS INTERNET SITE AND RELATED SERVICES TO YOU UNDER THE
TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY.
YOUR USE OF THIS SITE AND ITS SERVICES INDICATES YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS
1. Service
We reserve the right to modify or discontinue, temporarily or permanently,
the Web Site and related services with or without notice to you. You agree
that we shall not be liable to you or any third-party for any damage or
loss caused or alleged to be caused by or in connection with the modification
or discontinuance of the Web Site.
This Site may provide links to other Web sites or resources. You acknowledge
and agree that we are not responsible for the availability of such external
sites or resources, and such a link does not indicate that we endorse nor
are responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You agree that
we shall not be responsible or liable, directly or 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, goods or services available on
such external sites or resources.
Although we attempt to ensure the integrity and accurateness of the
Site, we make no guarantees whatsoever as to the correctness or accuracy
of the Site or its content. It is possible that the Site could include
inaccuracies or errors, and that unauthorized additions, deletions and
alterations could be made to the Site by third parties. In the event that
an inaccuracy arises, please inform us so that it can be corrected.
2. Propriety Material
The Site and its services are not to be used to upload, post, transmit,
reproduce, distribute, rewrite, or otherwise exploit any material subject
to another's copyright, unless such use occurs with permission from the
copyright owner.
Users who are repeat copyright infringers will have their access to
this Site terminated or blocked in appropriate circumstances.
If we become aware of facts or circumstances from which it is apparent
that this Site or its services are being used for infringing any material
under copyright, we will act expeditiously to remove, or disable access
to, the material that is infringing or claimed to be the subject of infringing
activity, regardless of whether the material or activity is ultimately
determined to be infringing.
If you have provided us the material which is claimed to be infringing,
we will take reasonable steps to promptly notify you that it has removed
or that access to the material has been disabled.
3. Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ITS SERVICES IS AT
YOUR SOLE RISK. NEITHER ALDEN ENTERPRISES, ITS SUBSIDIARIES, ITS EMPLOYEES,
AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS
OR THE LIKE, WARRANT THAT YOUR USE OF THE SITE AND ITS SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ITS SERVICES, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THEM.
THE SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS 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 AND NON-INFRINGEMENT.
ALDEN ENTERPRISES, ITS SUBSIDIARIES, AFFILIATES AND ITS SPONSORS ARE
NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE
SERVICES.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALDEN ENTERPRISES
OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE
AND ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THE SITE AND ITS SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE
THROUGH THE SITE AND ITS SERVICES.
4. Miscellaneous
This Agreement is entered into in the State of Arizona and shall be
governed by and construed in accordance with the laws of the State of Arizona,
exclusive of its choice of law rules. As a party to this Agreement, you
agree to submit to the exclusive jurisdiction of the state and federal
courts sitting in the County of Yavapai in the State of Arizona, and waive
any jurisdictional, venue, or inconvenient forum objections to such courts.
In any action to enforce this Agreement, the prevailing party will be entitled
to costs and attorneys' fees. In the event that any of the provisions of
this Agreement are held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect.
This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof, and any and all written
or oral agreements heretofore existing between the parties hereto are expressly
canceled.
Copyright Issues
If you believe that any materials or activities accessible through this
site infringe on your copyright, you should send written notice of the claimed infringement below:
Upon sufficient notice of a claimed infringement, we will act expeditiously
to remove, or disable access to, the material or activity claimed to be
infringing.
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