You should
carefully read the Terms of Use before using Our Site. By using
Our Site or indicating your agreement by clicking the Accept button
putting a check in the Accept box, you agree to be bound by the
Terms of Use.
1. We agree
to provide you access to Our Site in accordance with the Terms
of Use.
2. You agree
to use Our Site in a manner consistent with any and all applicable
rules and regulations.
3. You accept
that Our Site is provided on an "as is, as available"
basis.
4. ALL ARTICLES
AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY
AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS
TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON
OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE
OTHER PARTY.
6. WE MAY
FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA OBTAINED
FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are
authorized to download one copy of the material on our Site on
one computer for your personal, non-commercial use only but you
may not in so doing remove or amend any trademark, copyright or
other proprietary notice.
8. Subject
to the above, you may not modify, copy, distribute, republish
or upload any of the material on our Site without our prior consent
in writing. No intellectual property or other rights shall be
transferred to you.
9. To the
extent that portions of our Site (such as "chat rooms"
or "bulletin boards") provide users an opportunity to
post and exchange information, ideas and opinions ("Postings"),
BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR
TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily
reflect our views. To the fullest extent permitted by applicable
laws, we exclude all responsibility and liability for the Postings
or for any losses or expenses resulting from their use and/or
appearance on our Site.
10. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR
EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY
FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED
BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER,
EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK
UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve
the right to monitor all materials posted on this bulletin board
(“Postings”) and to remove any which we consider in
our absolute discretion to be offensive or otherwise in breach
of these Terms of Use.
12. You hereby
represent and warrant that you have all necessary rights in and
to all Postings you provide and all material they contain and
that such Postings shall not infringe any proprietary or other
rights of third parties.
13. Where
we provide hypertext links to other sites we do so for information
purposes only, and such links are not endorsements by us of any
products or services in such sites and we accept no liability
nor make any endorsement or approval of the same.
14. The Terms
of Use contain the entire understanding between us with respect
of Our Site and no representation, statement, inducement oral
or written, not contained herein shall bind either of us.
15. Should
any part of the Terms of Use be declared invalid or unenforceable
by a court of competent jurisdiction, this shall not affect the
validity of any remaining portion and such remaining portion shall
remain in full force and effect as if the invalid portion of the
Terms of Use had been eliminated.
16. This Agreement
is governed by the laws of the State of British Columbia, without
regard to principles of conflict of laws.
To the extent
you have in any manner violated or threatened to violate JamesDelgado.com
and/or its affiliates' intellectual property rights, JamesDelgado.com
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of British Columbia,
and you consent to exclusive jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a dispute
arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: British Columbia. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each
of us.
If it proves
impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration
at the following location: British Columbia, under the rules of
the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with jurisdiction
to do so.
