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1.
Acceptance of Terms
SoCalHunterJumpers.com provides its service to you, subject to the
following Terms and Conditions of Use ("TCU"), which may be updated
by us from time to time without notice to you. In consideration for your use of
SoCalHunterJumpers.com Services, you agree to accept all TCU, together with any
modifications or amendments thereto. Throughout the TCU, the term
"you" shall mean the user of the service, whether that user is a
natural person, corporation or other entity. You can review the most current
version of the TCU at any time at: http://www.SoCalHunterJumpers.com/.
In addition, when using particular SoCalHunterJumpers.com services, you and
SoCalHunterJumpers.com shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such
guidelines or rules (including but not limited to our Privacy
Policy ) are hereby incorporated by reference into the TCU.
SoCalHunterJumpers.com may also offer other services that are governed by
different Terms and Conditions of Service.
2. Description of Service
SoCalHunterJumpers.com currently provides users with access to a
collection of resources including various communication tools and forums,
classifieds services, marketing services, personalized content, and
branded programming through its network of partners and properties (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for
SoCalHunterJumpers.com to provide the Service. You also understand and agree
that the Service may include certain communications from
SoCalHunterJumpers.com, such as service announcements, administrative messages,
advertising partner messages and the SoCalHunterJumpers.com Newsletter, and
that these communications are considered part of SoCalHunterJumpers.com
membership. You may opt out of receiving the newsletter and advertising partner
messages. Unless explicitly stated otherwise, any new features or Services that augment or enhance the current Service, including the
release of new SoCalHunterJumpers.com properties, shall be subject to the TCU.
You understand and agree that the Service is provided "AS-IS" and
that SoCalHunterJumpers.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. Conditions of Advertisement Services
You agree to pay, in advance, all amounts or fees owed to
SoCalHunterJumpers.com for the placement of your Ad, whether or not you upload
a photo or video with your Ad. Upon SoCalHunterJumpers.com's
receipt of all amounts or fees owed for the selected Ad, you shall have the
right to upload a photo or video with your Ad (depending on the type of Ad
purchased) at anytime up and until the expiration or cancellation of the Ad,
whichever occurs first. If you elect to place a photo or video with your Ad,
you shall have the responsibility of providing and uploading your photo or
video with your Ad. The photo or video upload shall comply with all
requirements and procedures set forth by SoCalHunterJumpers.com. SoCalHunterJumpers.com
may, upon request, provide technical assistance if needed.
SoCalHunterJumpers.com does not expressly or impliedly guarantee
the sale of your horse, your horse's services, nor the owner's products or
services. All advertisement listings are subject to reasonable editorial
changes to maintain the integrity and prestige of our service. If you provide
contact information for people interested in your horse(s) products or
services, SoCalHunterJumpers.com is not responsible for any misuse of this
information. It is your responsibility to remove your ad from the
SoCalHunterJumpers.com service upon sale or transfer. SoCalHunterJumpers.com is
not responsible for typos or accidental errors appearing on the service.
SoCalHunterJumpers.com is not responsible for violations created or caused by
service users and/or customers. Potential violations include, but are not
limited to: copyright, trademark, trade names, patents, or other violations of
any local, state, federal or international laws. SoCalHunterJumpers.com, in its
sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent. We suggest
that you report any incidents of fraud to the Internet Fraud Complaint Center
and your local authorities. Subject to court order or law enforcement
directions SoCalHunterJumpers.com reserves the right to remove or not remove
an ad based on the accusation of fraud. Postings on SoCalHunterJumpers.com
are dynamic and SoCalHunterJumpers.com is not responsible for saving variations
and changes to postings. SoCalHunterJumpers.com does not as a matter of course
retain copies of expired postings.
4. No Guarantee
SoCalHunterJumpers.com does not guarantee the sale of your horse,
your horse's services, your products or services or any other product or
service advertised on SoCalHunterJumpers.com’s site.
SoCalHunterJumpers.com does not guarantee the owner/seller's services,
representations, or any horse's performance or fitness for a particular
purpose. In addition, SoCalHunterJumpers.com strongly recommends that a
pre-purchase exam should be performed by the buyer's equine veterinarian of
choice, on any horse prior to purchase. SoCalHunterJumpers.com does not
guarantee or warrant the performance of any person or entity advertising on its
site. SoCalHunterJumpers.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content.
5. Your Registration Obligations
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or SoCalHunterJumpers.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, SoCalHunterJumpers.com has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). When you create a SoCalHunterJumpers.com Account and allow
your child to access the account, you certify that you are at least 18 years
old and that you are the legal guardian of the child/children using the
SoCalHunterJumpers.com account. By allowing a child to use your
SoCalHunterJumpers.com account, you also give your child permission to access
all of the Services including, email, message boards, instant messages and chat
(among others). Please remember that the service is designed to appeal to a
broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section
8 below) are appropriate for your child.
6. Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see
our full privacy policy at http://www.SoCalHunterJumpers.com/ Our privacy policy,
together with any amendments thereto, is incorporated by reference to the TCU
as though set forth herein.
7. Member Account, Security and Password
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities, whether authorized by you or not, that occur
under your password or account. You agree to (a) immediately notify
SoCalHunterJumpers.com of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account at
the end of each session. SoCalHunterJumpers.com shall not be liable for any
loss or damage arising from your failure to comply with this Section 5,
including, but not limited to, any unauthorized use.
8. Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials (hereinbefore
and after the "Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content
originated. This means that you, and not SoCalHunterJumpers.com, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. SoCalHunterJumpers.com does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will SoCalHunterJumpers.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a
SoCalHunterJumpers.com official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as classifieds)
that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
j.
"stalk" or otherwise harass another; or
k.
collect or store personal data about other users.
You acknowledge that
SoCalHunterJumpers.com may not pre-screen Content, but that
SoCalHunterJumpers.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse to publish or remove any Content
that is available via the Service. Without limiting the foregoing,
SoCalHunterJumpers.com and its designees, in their sole discretion, shall have
the right to remove any Content that violates any provision of the TCU or is
otherwise objectionable.
9. Violations
If you see slanderous or malicious Content on our site, please notify
us. We will, in our sole discretion remove any Content deemed
malicious, scandalous, harmful or inconsistent with the integrity and prestige
of our Service. If you see a possible stolen or missing horse listed on our
site for sale, please contact us and it will be removed as soon as
possible after verification of claim has been received from an appropriate
authority. Please report any violations of the TCU to our
SoCalHunterJumpers.com.
10. Acknowledgment of Risk
You agree that you have evaluated the risks of using the Service,
including, but not limited to, misuse of your information by third parties,
damage to your computer or system through the use of the Service and bear all
risks associated with the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. As a result, you agree
to assume all risks associated with the use of any Content. In this regard, you
acknowledge that you may not rely on any Content created by
SoCalHunterJumpers.com.
You acknowledge, consent and agree that SoCalHunterJumpers.com may
access, preserve, and disclose your account information and Content if required
to do so by law or SoCalHunterJumpers.com reasonably believes in good faith
that such access, preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TCU; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of
SoCalHunterJumpers.com, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by
SoCalHunterJumpers.com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
11. International Risk
You acknowledge the global nature of the Internet and you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in which
you reside.
12. Content Submitted or Made Available for Inclusion on the
Service
SoCalHunterJumpers.com does not claim ownership of any Content you
submit or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible areas
of the Service, you grant SoCalHunterJumpers.com the following world-wide, royalty
free and non-exclusive license(s), as applicable:
·
The license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the
purposes of providing and promoting SoCalHunterJumpers.com to which such
Content was submitted or made available. This license exists in perpetuity.
"Publicly accessible" areas of the Service are those
areas of the SoCalHunterJumpers.com network of properties that are intended by
SoCalHunterJumpers.com to be available to the general public.
13. Indemnity
You agree to indemnify and hold SoCalHunterJumpers.com, its
subsidiaries, affiliates, officers, agents, co-branders or other partners and
employees harmless against and with respect to any action, suit, proceeding, demand,
assessment, judgment, loss, cost, liability, damage or expense, including
attorneys’ fees and court costs, now existing or hereafter arising as a
proximate result of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TCU or violation of any international, federal, state or
local treaty, statute, law and/or regulation relating to your use of the
Service.
14. No Resale of Service
You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion of the
Service (including your SoCalHunterJumpers.com ID), use of the Service, or
access to the Service. You may create Content on behalf of another so long as they
have agreed to all site terms. You may not present or hold yourself out as a
representative of SoCalHunterJumpers.com or represent SoCalHunterJumpers.com in
any way.
15. General Practices Regarding Use and Storage
You acknowledge that SoCalHunterJumpers.com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that SoCalHunterJumpers.com
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that SoCalHunterJumpers.com reserves the right to
log off accounts that are inactive for an extended period of time. You further
acknowledge that SoCalHunterJumpers.com reserves the right to modify these
general practices and limits from time to time.
16. Modifications to Service
SoCalHunterJumpers.com reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
SoCalHunterJumpers.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
17. Termination
You agree that SoCalHunterJumpers.com may, under certain
circumstances and without prior notice, immediately terminate your
SoCalHunterJumpers.com account, any associated Content, and access to the
Service. Grounds for such termination shall include, but shall not be limited
to, (a) breach or violations of the TCU or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and/or (f) extended periods of
inactivity, (g) failure to pay for the Service, and (h) violations of any law,
statute, treaty or rule pertaining to your use or connection to the Service.
Termination of your SoCalHunterJumpers.com account includes (a) removal of
access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in SoCalHunterJumpers.com's sole discretion and that
SoCalHunterJumpers.com shall not be liable to you or any third-party for any
termination of your account, any associated email address, or access to the
Service.
18. Dealings with Advertisers
Your correspondence or business dealings with, or participation in
promotions with, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that SoCalHunterJumpers.com shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Service.
19. Links
The Service may provide or third parties may provide links to
other World Wide Web sites or resources. Because SoCalHunterJumpers.com has no
control over such sites and resources, you acknowledge and agree that
SoCalHunterJumpers.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
SoCalHunterJumpers.com 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 or through any such site or resource.
20. SoCalHunterJumper.com’s Proprietary
Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by SoCalHunterJumpers.com or advertisers, you agree not to
use, modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
SoCalHunterJumpers.com grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not and do not allow any third party to
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including without limitation for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by SoCalHunterJumpers.com
for use in accessing the Service.
21. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOCALHUNTERJUMPERS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
SOCALHUNTERJUMPERS.COM MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SOCALHUNTERJUMPERS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TCU.
e.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR
EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
22. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCALHUNTERJUMPERS.COM,
ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOCALHUNTERJUMPERS.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
23. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
19 AND 20 MAY NOT APPLY TO YOU.
24. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any Service, receive or request
any news, messages, alerts or other information from the Service concerning
loans, insurance or other financial, real estate or legal services or issues,
please read the above Sections 19 and 20 again. The Service is provided for
informational purposes only. SoCalHunterJumpers.com, its agents, officers,
employees, successors, assigns or licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted or
made available via the Service, and shall not be responsible or liable for any
decisions made based on such information.
25. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this
TCU, there shall be no third party beneficiaries to this Agreement.
26. Notice
SoCalHunterJumpers.com may provide you with notices, including
those regarding changes to the TCU, by either email,
regular mail, or postings on the Service.
27. Trademark Information
The SoCalHunterJumpers.com logo, SOCALHUNTERJUMPERS.COM and
SoCalHunterJumpers.com Network logo, trademarks and service marks and other
SoCalHunterJumpers.com logos and product and service names are trademarks of
SoCalHunterJumpers.com, Inc. (hereinafter collectively the "SoCalHunterJumpers.com
Marks"). Without SoCalHunterJumpers.com's prior
written permission, you agree not to display or use in any manner, the
SoCalHunterJumpers.com Marks.
28. Notice and Procedure for Making Claims of Copyright or
Intellectual Property Rights Infrigement
SoCalHunterJumpers.com respects the intellectual property of
others, and we ask our users to do the same. SoCalHunterJumpers.com may, in
appropriate circumstances and at its discretion, disable and/or terminate the
accounts of users who may infringe on the copyrights of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide SoCalHunterJumpers.com's
Copyright Agent the following information:
1.
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest;
2.
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
a description of where the material that you claim is infringing
is located on the site;
4.
your address, telephone number, and email address;
5.
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
6.
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
SoCalHunterJumpers.com's Agent for Notice of
claims of copyright or other intellectual property infringement can be reached
as follows:
By mail:
Copyright Agent
c/o SoCalHunterJumpers.com Inc.
601 Marazon Lane
Vista, CA 92018
By fax: (760) 454-4584
29. General Information
1.
Entire Agreement. The TCU constitute the entire agreement between
you and SoCalHunterJumpers.com and governs your use of the Service, superceding
any prior agreements between you and SoCalHunterJumpers.com. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other SoCalHunterJumpers.com services, affiliate services,
third-party content or third-party software.
2.
Choice of Law and Forum. The TCU and the relationship between you
and SoCalHunterJumpers.com shall be governed by the laws of the State of California without regard to its
conflict of law provisions.
3.
Waiver of Jury Trial; Arbitration. You agree to submit any dispute
arising out of this Agreement to binding Arbitration. Either party may submit
any dispute arising out of the terms of this Agreement to binding arbitration
administered by the American Arbitration Association under the Commercial
Arbitration Rules. Judgment on the award rendered by the arbitrators may be
entered in any court having jurisdiction. The parties agree that any such
controversy shall be submitted to three arbitrators selected pursuant to the
provisions of the American Arbitration Association Commercial Arbitration
Rules. This arbitration agreement applies regardless of the claims or causes of
action alleged. The arbitrators’ award will be final and binding, but in no
event can an award exceed the amount of direct compensatory damages actually
incurred by the claiming party, and no party can recover for anything other
than the benefit of the bargain under the agreement. The parties further agree
that no punitive or exemplary damages can be considered or awarded by the
arbitrators. The parties agree that the American Arbitration Association
Commercial Arbitration Rules are modified as follows: the procedures set forth
in California’s Rules of Civil Procedure applicable in California will govern the
arbitration, including those relating to disclosures and listing of witnesses
and exhibits, initiation and completion of discovery, and dispositive
motions. The parties agree that any arbitration conducted in this case shall be
held in San Diego County, California.
4.
Attorneys’ Fees. In the event it becomes necessary for any party
to employ counsel to enforce any of the provisions of the TCU, or the breach
thereof, then, in that event, the non-prevailing party agrees to pay to the
other party all of such other party’s costs and expenses, including reasonable
attorneys’ fees.
5.
Waiver and Severability of Terms. The failure of
SoCalHunterJumpers.com to exercise or enforce any right or provision of the TCU
shall not constitute a waiver of such right or provision. If any provision of
the TCU is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TCU remain in full force and effect.
6.
No Right of Survivorship and Non-Transferability. You agree that
your SoCalHunterJumpers.com account is non-transferable and any rights to your
SoCalHunterJumpers.com member account, password, ID or contents within your
account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein
permanently deleted.
7.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TCU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
8.
Miscellaneous. If any provision in the TCU is held to be illegal,
invalid or unenforceable, such provision shall be reformed to reflect the
intent of the parties and the economics of the transaction and the validity,
legality or enforceability of the remaining provisions will not, in any way, be
affected or impaired thereby.
9.
Headings contained in the
TCU are included for convenience only and form no part of the agreement between
the parties. If a question of
interpretation arises, the Agreement shall be construed as if drafted jointly
by the parties, and no presumption or burden of proof shall arise favoring or
disfavoring any party by virtue of the authorship of any provision of this
Agreement.
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