DISCLAIMER
Your
use of this Internet website, Ravi’s Cyberspace Blawg
(“Cyberblawg”), or any of the information, links, products
or services offered on this site (collectively, the “Services”) is subject to
these Terms of Use (these “Terms”). Cyberblawg, at
its sole discretion, may change the Terms, conditions and operation of this
website (the “Site”) at anytime without notice to you. By using this Site
and/or any of its Services, you agree to the Terms, including any modifications
we make, and further waive any rights or claims you may have against Cyberblawg.
1)
Some of the Services may be subject to additional posted conditions. Your use
of those Services is subject to those conditions, which are incorporated into
these Terms by reference. In the event of an inconsistency between these Terms
and any additional posted conditions, the provisions of the additional
conditions shall control.
2)
The content available through the Site is the sole property of Cyberblawg or its advertisers, suppliers or licensors. All
material published on this site, including, but not limited to, written
content, photographs, graphics, images, illustrations, marks, logos, sound or
video clips, and Flash animation, are protected by patent, copyright, trademark
and other intellectual property laws. Except as otherwise explicitly agreed in
writing, Cyberblawg-owned content received through
the Site may be downloaded, displayed, reformatted and printed for your
personal, non-commercial use only. Content owned by Cyberblawg
advertisers, suppliers or licensors may be subject to additional restrictions.
You agree not to modify, reproduce, retransmit, distribute, disseminate, sell,
publish, create derivative works of, broadcast, circulate or in any way exploit
any of the materials or content received through the Site to anyone without Cyberblawg's express prior written consent.
a) You may be exposed to content that you find
offensive, indecent, or objectionable or that is inaccurate, and you bear all
risks associated with using that content. No content on this website should be
considered to be legal advice and you should not rely on any statements on this
website for any legal argument. For any legal advice, you should talk to your
own legal representative with whom you have a signed written agreement. We have
the right, but not the obligation, to remove any content that may, in our sole
discretion, violate these Terms or that is otherwise objectionable.
3)
Our sites contain links to other Internet sites owned by third parties. Your use
of each of those sites is subject to the conditions, if any, that each of those
sites has posted. We have no control over sites that are not ours, and we are
not responsible for any changes to or content on them. Our inclusion on our
sites of any third-party content or a link to a third-party site is not an
endorsement of that content or third-party site.
4)
By using this Site, you agree under penalty of perjury to make the following
statements:
a) I am of legal age to view material discussed above,
in accordance with the laws of the region in which I reside.
b) Any material that I am viewing is exclusively for my
own personal use and I will not give, sell or otherwise provide any of it to
anyone else.
c) I believe I have the unalienable right to read
and/or view any type of material I choose.
d) I am aware of the standards of my local community
with respect to the materials offered on this Site; I am familiar with the
materials offered by this Site; and I represent, warrant and certify that the
links, information, and use of materials on this Site do not violate any
standard or law that applies to me. In the event that a law that applies to me
comes in to affect that would prevent me from viewing material on this Site, I
agree to no longer access this Site.
e) I recognize that this Site
has no control over the content of websites which are listed or linked on it
and that it takes no responsibility for the content of those other sites.
5)
By viewing and/or using this Site, you agree that Cyberblawg
will not be liable for any commercial loss; inconvenience; loss of use, time,
data, goodwill, revenues, profits, or savings; or any other special,
incidental, indirect, or consequential damages in any way related to or arising
from your use of this Site and/or Services. You agree to defend, indemnify and
hold harmless Cyberblawg, its employees, directors,
shareholders, members, officers, agents, subsidiaries and affiliates from any
and all claims, losses, damages, causes of action, liabilities and expenses (including
reasonable attorneys’ fees) related to or arising out of your use of and/or
reliance on the Site and/or Services, including without limitation claims made
by third parties related to your use of the Site and/or Services.
6)
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE CYBERBLAWG SITE AND
SERVICES ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTY OR
CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. CYBERBLAWG MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICES
WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD
RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY
COMMUNICATIONS DIFFICULTIES, ACESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY,
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND OUR
REASONABLE CONTROL.
7)
WITHOUT LIMITING THE FOREGOING, CYBERBLAWG SHALL NOT BE LIABLE TO YOU OR YOUR
BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR
USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS
ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS
DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).
8)
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE
THEIR PRODUCTS AND SERVICES ON THE CYBERBLAWG SITE AND THAT CYBERBLAWG MAY FORM
PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER
TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU
ACKNOWLEDGE AND AGREE THAT AT NO TIME IS CYBERBLAWG MAKING ANY REPRESENTATION
OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL CYBERBLAWG
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN
CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND
WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST CYBERBLAWG WITH RESPECT TO
THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9)
Use of our Site is subject to existing laws and legal process. Nothing
contained in these Terms shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of our
sites.
10)
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 our Site, Services or these
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
11)
These Terms shall be construed in accordance with the laws of the State of
California, and the parties irrevocably consent to bring any action to enforce
these Terms before a court of competent jurisdiction in Orange County,
California, or if such jurisdiction is not available, then in a Federal Court
in the Central District of California.