FamilySafetyClub.com

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Terms And Conditions of Site

The following Agreement governs the use of our site between the Membership Providing Site ("Us", "We", and "SITE") and the member of this Site ("You") ("Terms of Use"). THE FOLLOWING TERMS AND CONDITIONS AGREEMENT DOES NOT IN ANY WAY SUPERCEDE, CHANGE OR ALTER ANY OF THE TERMS YOU ACCEPTED WHEN YOU WENT THROUGH THE PROCESS OF JOINING THIS SITE AND THE ASSOCIATED MEMBERSHIP PROGRAM ("Membership Agreement"). THIS MEMBERSHIP AGREEMENT DETAILS IMPORTANT ASPECTS OF YOUR MEMBERSHIP INCLUDING, AMONG OTHER THINGS, THE BILLING, RECURRING AND CANCELLATION POLICIES OF YOUR MEMBERSHIP. ANSWERS REGARDING YOUR MEMBERSHIP CAN BE OBTAINED BY USING OUR "CONTACT US" PAGE.

1. Membership

A. Registration

You are responsible for providing all equipment and the computer necessary to access the SITE. You may access the non-public portion of the SITE only by being a Member in good standing to the SITE. The SITE reserves the right to modify Materials and the SITE's design at anytime, with or without prior notice. You may become a Member of the SITE by completing an online registration form, which must be accepted by SITE, and You must pay the subscription fee. Upon submission of the online registration form, SITE or its authorized agent will process the application. In connection with completing the online registration form, you agree to:

  • * provide true, accurate, current and complete information about Yourself as prompted by the registration form (such information being the "Registration Data"); and
  • * maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.

You must promptly inform SITE of all changes, including, but not limited to, changes in your address and changes in Your credit card used in connection with billing for the SITE. If You provide any information that is untrue, inaccurate, not current or incomplete, or SITE or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SITE has the right to suspend or terminate Your account and refuse any and all current or future use of the SITE, as well as subjecting You to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks and any related fees that SITE incurs with respect to Your account.

B. Member Account, Password and Security

As part of the registration process, You will be issued a unique User name and password which You must provide in order to gain access to the non-public portion of the SITE. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third-party. SITE reserves the right to disallow the use of usernames that SITE, at its sole discretion, deems inappropriate. SITE reserves the right to cancel at any time the Membership of any Member who uses their selected User name in violation of these Terms and Conditions or in any other way SITE, in SITE's sole discretion, deems inappropriate. Your membership, the ID and password are all nontransferable and non-assignable. You represent and warrant that You will not disclose to any other person your unique User name and password and that You will not provide access to the SITE to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on the SITE. You are solely responsible for maintaining the confidentiality of Your User name and password and are fully responsible for all activities that occur under Your User name and password. SITE will not release Your password for security reasons. You agree to (a) immediately notify SITE of any unauthorized use of Your User name and password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. You are liable and responsible for any unauthorized use of the SITE until You notify SITE by email regarding that unauthorized use. Unauthorized access to the SITE is illegal and a breach of this Agreement. You indemnify the SITE against all activities conducted through Your account. You may obtain access to Your billing records regarding charges of Your use of the SITE upon request.

C. Membership Fees

Membership fees to the SITE are prominently displayed prior to Your subscription thereto. You agree to pay all Membership fees when due according to these billing terms. At the time of registration, You must select a payment method. SITE reserves the right to contract with a third-party to process all payments. Such third- party may impose additional terms and conditions governing payment processing. We reserve the right to make changes to SITE fees and billing methods, including the addition of supplemental charges for any content or services provided by the SITE, with or without prior notice to You, at any time. THIS SITE MAY USE AN AUTOMATIC REBILL CYCLE ACCORDING TO THE MEMBER'S SELECTED PAYMENT OPTION.

D. Billing Errors

If You believe that You have been erroneously billed, please notify SITE immediately of such error. If SITE does not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release SITE from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to SITE within thirty (30) days of its publication.

2. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE SERVICES OR MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL SERVICES OR MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY SERVICES OR MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE SERVICES OR MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE SERVICES OR MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD-PARTIES. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE SERVICES OR MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD-PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3. Limitation of Liability

IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD-PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. Disclaimer & Indemnification

A. The provision of any services that is in violation of any laws is strictly prohibited. If SITE determines that You or any User has provided or intends to purchase or provide any services or information in violation of any law, regulation or policy, Your ability to use the SITE will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any User providing any information or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold SITE harmless from any liability that may arise for Us should You violate any law.

B. You also agree to defend and indemnify Us should any third- party be harmed by Your illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party.

C. Our SITE may contain material deemed offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the SITE should You find it offensive.

D. You agree to defend, indemnify, and hold harmless the SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the Materials contained therein, or Your breach of any of these Terms and Conditions. SITE shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

E. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that Dating Media LTD, operates, through the SITE, as an interactive computer service provider. Thus, the Dating Media LTD, is immune from, and cannot be held responsible for, claims arising from the publication of third-party content (including third-party User content), appearing on the SITE. Publisher does not create such content, and is not responsible for the publication or remarks of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Please note that federal law allows Dating Media LTD, to remove any content found to be offensive, defamatory, obscene or otherwise violative of SITE's policies, without impacting its status as a computer service provider. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.

5. Links and Linking

Some websites which are linked to the SITE are owned and operated by third-parties. Because the SITE has no control over such websites and resources, You acknowledge and agree that SITE is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that SITE 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. You further acknowledge that use of any website controlled, owned or operated by third-parties is governed by the terms and conditions of use for those websites, and not by this SITE's Terms and Conditions, SPAM Policy, Webmaster Agreement, or Privacy Policy, which (if posted on the SITE) are incorporated by reference. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the SITE of such websites or the content, products, advertising or other materials presented on such SITE, but are for each User's convenience. Users access them at their own risk. The SITE expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this SITE. The SITE expressly disclaims any liability derived from the use and/or viewing of any links that may appear on this SITE. All Users do hereby agree to hold the SITE harmless from any and all damages and liability that may result from the use of links that may appear on the SITE. The SITE reserves the right to terminate any link or linking program at anytime.

6. Trademark Information

A. Dating Media LTD and the aforementioned name(s) of the SITE are service mark(s) and/or trademark(s) of the SITE. These brand names are therefore considered valuable intellectual property belonging to Dating Media LTD. We aggressively defend Our intellectual property rights.

B. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

C. All of the marks, logos, domains, and trademarks that You find on the SITE may not be used publicly except with express written permission from Dating Media LTD, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Dating Media LTD.

7. Copyright Information

A. The information contained on the SITE, such as graphics, text, coding, video, pictures, music, button icons, animation, and other data accessible from the SITE (hereinafter the "Materials"), and any other World Wide Website owned, operated, licensed, or controlled by Publisher, Dating Media LTD, is the Publisher's proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.

B. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Dating Media LTD, except that You may view or print out a copy of the Materials solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.

C. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the Publisher, Dating Media LTD, intellectual property rights.

D. Neither title nor intellectual property rights are transferred to You by access to the SITE.

E. All Materials included on the SITE, are the property of the Publisher, Dating Media LTD, or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the SITE is the exclusive property of the Publisher, Dating Media LTD or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations. Dating Media LTD, (2008), all rights reserved.

8. No Agency Relationship

Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

9. Notice

A. Notice

Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the SITE, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to SITE shall be given by electronic messages unless otherwise specified in the Agreement.

B. Change of Address

Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.

C. When Notice is Effective

Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.

D. Refused, Unclaimed, or Undeliverable Notice

Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.

10. Communications Not Private

SITE does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to SITE shall be deemed to be readily accessible to the general public. Visitors should not use this SITE to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this SITE can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.

11. Force Majeure

SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPIM, SPAM, or any failure of a computer, server or software for so long as such event continues to delay the SITE's performance.

12. General Provisions

A. Governing Law

These Terms and Conditions and all matters arising out of, or otherwise relating to, these Terms and Conditions shall be governed by the laws of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, brought to court and litigated in Orange County, Florida.

  1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be resolved by Arbitration or Litigation, as appropriate, in Orange County, Florida.
  2. The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.
  3. The parties agree to exclusive venue in, and only in, Orange County, Florida.
  4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
  5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
  6. All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
  7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
  8. Any final judgment or arbitration award rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment or award, and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.

B. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

C. Binding Arbitration

If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief, which shall be subject to the exclusive jurisdiction of the state and federal courts of Orange County, Florida.. Any arbitration permitted under this Agreement shall be conducted in Orange County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

D. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

 

E. No Waiver of Right to Arbitration

There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

F. The First Amendment Applies to All Legal Proceedings Including Arbitration

Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment's protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.

G. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

H. Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

I. Attorneys' Fees

In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.

J. Complaints - California Residents

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

K. No Waiver

No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

L. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

M. Complete Agreement

These Terms and Conditions constitutes the entire agreement between the parties with respect to Your access and use of the SITE and the Materials contained therein, and your Membership with the SITE, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.

N. Other Jurisdictions

Publisher makes no representation that the SITE or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the SITE from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.