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Online Terms of Use
Copyright Notice
Copyright
© 2005, Tricia Neill Design. All rights reserved.
Welcome to the 1 Number 4 U web site on the World Wide Web
at www.1number4u.com (referred to as the "Site"). Please
review the following basic rules (the "Terms") carefully because
they govern your use of the Site.
YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT
TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS SITE OR ANY CONTENT (DEFINED BELOW) CONTAINED ON
THE SITE.
Changes to these Terms
These Terms may be revised at any time. 1 Number 4 U will
display a notice when these Terms have been revised. Your
continued use of the Site after the notice appears constitutes
your acceptance of the revised Terms.
License & Ownership Restrictions
All text, graphics, audio clips, animations, logos, icons,
links, images, documents, products, services and information
on this Site (the "Content") are provided to you by 1 Number 4 U, Tricia Neill Design and its licensors. 1 Number 4 U,
Tricia Neill Design, and its licensors retain all right, title,
interest, and intellectual property rights (e.g. patents,
trademarks, trade secrets, copyrights) in such Content. As
a general rule, you are granted the limited right to (i) display
the Content on your personal computer (ii) copy and download
the Content and (iii) print a copy of the Content, provided
that: (1) you do not remove any proprietary rights notices
from any of the Content; and (2) any copying or downloading
is solely for your own use. You may not modify, edit, alter
or enhance any of the Content in any manner or sublicense
or distribute any Content to any third party unless specifically
authorized by 1 Number 4 U and Tricia Neill Design and/or
the applicable licensor. Additionally, you may not ìframeî
or ìmirrorî any Content contained on or accessible from this
Site on any server or other device without the advance written
authorization of 1 Number 4 U, Tricia Neill Design and/or
its licensors.
Your Obligation
In the future you may be prompted to input information on
the Site in order to receive certain products or services
offered by 1 Number 4 U and/or its licensors. If you provide
any information to 1 Number 4 U through the site, you agree
to provide current, complete and accurate information about
yourself.
Changes to the Content & Termination of Access
1 Number 4 U, Tricia Neill Design and its licensors may make
improvements and/or changes to the Content described on the
Site at any time without notice to you. Additionally, 1 Number 4 U, Tricia Neill Design and its licensors reserve the
right to restrict, suspend, terminate your access to, change
or discontinue all or any part of the Site, including its
availability, at any time for any reason (including, but not
limited to, if we determine that information provided by you
is inaccurate), without liability or prior notice to you.
Interaction with Third Parties
The Site may contain links to (and allow you to correspond
with, purchase from, and/or participate in promotions of)
third party advertisers and/or licensors. Unless otherwise
stated, any such interaction shall be solely between you and
that third party.
The third partyís site may have terms of use, a privacy policy
and/or other terms and conditions that differ from those of
1 Number 4 U. 1 Number 4 U is not responsible for the content
of such sites or for implementing, monitoring or enforcing
the terms of use, privacy policies and/or other terms and
conditions of such sites. You acknowledge and agree that 1 Number 4 U shall not incur any liability arising out of your use
of any such sites.
Indemnification
By using the Site you agree to indemnify and hold harmless
1 Number 4 U, Tricia Neill Design and its licensors from
and against any and all costs, damages, liabilities, and expenses
(including attorneysí fees) incurred by 1 Number 4 U in relation
to any third partyís claim that use of the Site by you or
under your login and/or password, if any, violates (a) any
copyright, patent, trademark, trade secret or other intellectual
property right, (b) the laws of privacy or publicity, (c)
communications statutes or regulations, or (d) any other applicable
law or regulation.
Warranty
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED
TO YOU "AS-IS." NEITHER 1 Number 4 U, TRICIA NEILL DESIGN
NOR ITS LICENSORS WARRANTS THAT THE SITE WILL BE AVAILABLE
WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL
BE ACCURATE AND COMPLETE. 1 NUMBER 4 U, TRICIA NEILL DESIGN,
AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK
WITH RESPECT TO THE SITE AND CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
1 Number 4 U, TRICIA NEILL DESIGN, NOR ITS LICENSORS SHALL
BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR
ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING,
USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL 1 NUMBER
4 U, TRICIA NEILL DESIGN OR ITS LICENSORS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS
OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER
FOR BREACH OR IN TORT, EVEN IF 1 NUMBER 4 U, TRICIA NEILL
DESIGN OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE FOREGOING
LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION
OF RISK.
General
If 1 Number 4 U becomes aware of inappropriate use of the
Site or any Content, 1 Number 4 U may suspend or terminate
your access to the Site, and/or any Content, and take other
appropriate action including, but not limited to, contacting
law enforcement authorities. When requested, 1 Number 4 U
will cooperate fully with law enforcement agencies in any
investigation of alleged illegal activity on the Internet.
Any action related to these Terms will be governed by California
law and controlling U.S. federal law, without regard to the
choice or conflicts of law provisions of any jurisdiction.
You agree to submit to the jurisdiction of the courts located
in Orange County, in the State of California, for the resolution
of all disputes arising from or related to these Terms and/or
your use of the Site.
If any provision of these Terms is held by a court of competent
jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the
intentions of the parties, with all other provisions remaining
in full force and effect. The failure of 1 Number 4 U to
enforce any right or provision in these Terms shall not constitute
a waiver of such right or provision unless acknowledged and
agreed to by 1 Number 4 U in writing. The headings used throughout
these Terms are provided only for convenience. The Terms comprise
the entire agreement between you and 1 Number 4 U regarding
the subject matter contained herein and supersede all prior
or contemporaneous negotiations, discussions or agreements,
if any, between the parties regarding the subject matter contained
herein.
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