| BY CLICKING "I AGREE" YOU AGREE TO THE TERMS AND CONDITIONS OF THESE FORUM TERMS OF USE (THE "FORUM TERMS"). IF YOU DO NOT AGREE TO THESE FORUM TERMS, CLICK"I DO NOT AGREE" AND DO NOT USE THESE FORUMS (THE "FORUMS"). USE OF THE FORUMS IS SUBJECT AT ALL TIMES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS. IF, AT ANY TIME, YOU NO LONGER WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL USE OF THE FORUMS. FOR THE PURPOSES OF THIS AGREEMENT, "YOU" SHALL MEAN THE INDIVIDUAL TO WHOM THE PASSWORD USED TO ACCESS THE FORUMS IS PROVIDED.
The Forums are provided as a convenience to you, as a Member (as defined below), and your use of the Forums is conditioned on your acceptance of the terms and conditions of the Site's Terms of Use (available here), the below additional terms of use specific to the Forums (the "Forum Terms"), as well as any other terms, conditions, guidelines or rules that may be incorporated by reference herein or posted from time to time with respect to any Forum or the Site. Siteowner may modify these Forum Terms at any time and from time to time, with or without notice. Also, when using any particular information or materials, including, without limitation, any text, product information, specifications, images, audio files and other information or materials available through the Forums (collectively, the "Materials"), you are subject to any additional terms and conditions posted in connection with such Materials.
You may access the Forums and use the Materials, if you are above the age of 13 and become a member by completing the registration process by providing us with current, complete and accurate information as requested on the applicable registration forms (each, a "Member"). Notwithstanding the foregoing, you acknowledge and agree that Siteowner, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of the Forums at any time without notice to you.
The Forums are provided solely as a convenience to you. If you are a Member,
you may use the Forums only for your personal, noncommercial use to post only
information, text and other materials relevant to the prescribed topic that you
have the right to use, disclose, copy, display and license or sublicense, in
accordance with all applicable laws and regulations. Other than for your use of
the Forums, as expressly permitted in these Forum Terms, you may not access or
attempt to access any systems or servers on which the Forums are hosted or
modify or alter the Forums in any way. You further agree that you will not:
a.) submit, display or transmit any Materials via the
Forums, or the systems or services on which the Forums are hosted, in violation
of any proprietary rights of, or your contractual obligations to, any third
party, or in violation of applicable laws, rules and regulations;
b.) submit, display or transmit any unauthorized images, photographs,
graphics, links, audio files, video files or similar materials;
c.) submit, display or transmit any commercial messages, duplicative
messages, promotions, advertisements, surveys, contests, chain letters, or
pyramid schemes;
d.) forge headers, create a false identity or otherwise manipulate
identifiers in order to deceive others or disguise the origin of any Materials
transmitted to or via the Forums;
e.) use the Forums to threaten, defame, abuse, assault, stalk, harass or
otherwise violate the rights of any other person or entity, whether or not such
person or entity is a Member, including, without limitation, rights of privacy
or publicity
f.) publish, post, display or disseminate any knowingly untrue, profane,
obscene, indecent, unlawful, terrorist, violent or hateful Materials;
g.) collect, store, publish, post, sell, transmit or disclose personal
data about other Members, transmit unsolicited commercial e-mail or private
messages to other Members, or use the Forums to disclose or sell personal data
about non-Members;
h.) upload or otherwise transmit files that contain viruses, worms,
Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or
similar software or programs;
i.) restrict or prevent any other Member from using the Forums; or
j.) create or disseminate a negative thread about an
individual or individuals.
Siteowner shall not be responsible, and disclaims all liability in
connection with, the use of any information or Materials that you submit, post
or display on the Forums. You should use caution when posting any information
or Materials, including but not limited to personally identifiable information,
to any Forum.
Siteowner has no obligation to monitor the Forums. However, Siteowner reserves
the right to review the Materials submitted to or posted on the Forums, and
remove, delete, redact or otherwise modify such Materials, in its sole
discretion and for any reason whatsoever, at any time and from time to time,
without notice or further obligation to you. Siteowner has no obligation to
display or post any Materials provided by you. Siteowner reserves the right to
disclose, at any time and from time to time, any information or Materials that
Siteowner deems necessary or appropriate to satisfy any applicable law,
regulation, contract obligation, legal or dispute process or government
request.
By submitting, uploading or posting Materials to the Forums, you are granting Siteowner and its affiliated companies permission to use such Materials on the Forums and in connection with the operation of the Siteowner Website, including without limitation, the worldwide, non-exclusive, irrevocable, royalty-free right to use, copy, distribute, publish, display, transmit, modify, translate and reformat your materials, publish your screen name in connection with your Materials and sublicense such Materials to any of Siteowner's affiliates or service providers or any third party. You acknowledge and agree that you are not entitled to receive any compensation for any Materials submitted in connection herewith.
You acknowledge and agree that any login, identifier or password (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Forums using such Password. You agree to notify Siteowner immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Siteowner.
SITEOWNER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR MATERIALS CONTAINED ON THE FORUMS. YOU MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR SITEOWNER. SITEOWNER DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEOWNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO SITEOWNER THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE FORUM TERMS.
SITEOWNER, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR
PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE
INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS OR ANY LOSS, BUSINESS
INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY MEMBER OR OTHER DAMAGES IN
CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless Siteowner, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from your use of the Forums, including, without limitation, in connection with any Materials, submitted, posted or displayed by you on the Forums, or any violation by you of these Forum Terms, any applicable law or any rights of another person or entity.
If any controversy, dispute or claim arising out of or related to your use of
the Forums or any of the Materials arises, the dispute will be resolved
exclusively by binding arbitration in accordance with the then-current
Commercial Rules of the American Arbitration Association. However, Siteowner
will have the right to petition any court of competent jurisdiction for the
entry of injunctions and orders for specific performance relating to your
unauthorized use, modification, copying, distribution, transmission, display,
performance, reproduction, publication, license, creation of derivative works,
transfer or sale of the Materials or the breach of your confidentiality
obligations hereunder.
Siteowner reserves the right, at any time and from time to time, without
notice, to modify, alter, or update these Forum Terms, and your continued use
of the Forums after such modifications, alterations or updates signifies your
agreement to be bound by such modifications, alterations or updates. Siteowner
may also, directly or indirectly, make improvements and/or changes in the
Forums or any portion thereof at any time without notice or obligation to you.
The Forums are subject to modification or discontinuation at any time and from
time to time without notice or obligation to you. Without limiting the
foregoing, Siteowner reserves the right, in its sole discretion, to charge fees
for the use or purchase of, or access to, the Forums, at any time and from time
to time, regardless of whether the Forums were previously offered at no charge.
Except as otherwise expressly provided in Section 9, the exclusive venue for
all litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings initiated in
connection with the Forums and/or the Materials or their use must be Orange
County, California, USA. These Forum Terms and the relationship between you and
Siteowner will be governed by the laws of the State of California, USA, without
giving effect to principles of conflict of laws of any jurisdiction. If any
part of these Forum Terms is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of these
Forum Terms shall continue in effect.
Use of the Forums is unauthorized in any jurisdiction that does not give effect
to all provisions of these Forum Terms, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Siteowner as a result of these Forum Terms,
our Privacy Policy or use of the Forums. Site owner's performance of these Forum Terms is subject to existing laws and legal process, and nothing contained in the Site's Terms of Use, these Forum Terms or our Privacy Policy is in derogation of Siteowner's right to comply with law enforcement requests or requirements relating to your use of the Forums or information provided to or gathered by Siteowner with respect to such use. These Forum Terms and the other documents described in Section 1 hereof constitute the entire agreement between you and Siteowner with respect to the Forums, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Siteowner with respect to the Forums. A printed version of these Forum Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Forum Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
I Agree
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