STATEBOARDHELP.COM
ONLINE TERMS OF USE AGREEEMENT
By
accessing or using this website you agree to
be bound by the terms and conditions of this
agreement. If you do not wish to be bound by
this agreement, you may not legally access or
use the information provided on STATEBOARDHELP.COM.
MIRELA
& ASSOCIATES may modify this agreement at
any time, and such modification shall be effective
immediately upon the posting of the modified
agreement. You agree to review this agreement
periodically to ensure that you are aware of
any modifications. Your continued access or
use of this website shall be deemed
your conclusive acceptance of the modified agreement.
1.
GENERAL DISCLAIMER
MIRELA
& ASSOCIATES holds the exclusive copyright
for all published content on the site, including
but not limited to, text, images, menu systems,
applications, video clips, back-end data and
PDF documents. Redistributing information on
this site without express written permission
from MIRELA & ASSOCIATES is prohibited by
United States and International Copyright Laws.
Although
we make every effort to ensure the quality and
integrity of the content on STATEBOARDHELP.COM,
some information contained in this website is
compiled from a variety of external sources
and therefore we cannot guarantee the validity
of all information contained on this site.
The
information accessed through this website (the
"services") is provided "as
is" without warranty, express or implied.
MIRELA & ASSOCIATES cannot and does not
warrant against human and machine errors, omissions,
delays, interruptions or losses, including loss
of data on this website. MIRELA & ASSOCIATES
does not warrant or guarantee that the functions
or services performed in this website will
be uninterrupted or error-free or that defects
in this website will be immediately
corrected. Users of this website are
responsible for (1) implementing and maintaining
adequate procedures and checkpoints to satisfy
their particular requirements for accuracy of
data input and output and (2) maintaining a
means external to MIRELA & ASSOCIATES for
the reconstruction of any lost data.
2.
LICENSES, IDEA & INFORMATION SUBMISSIONS
You
agree to grant to MIRELA & ASSOCIATES a
non-exclusive, worldwide, royalty-free, perpetual
license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works
of, publicly display and publicly perform any
materials and other information (including,
without limitation, ideas contained therein
for new or improved products or services) you
submit to public areas of this website by
all means and in any media now known or hereafter
developed. You hereby waive your moral rights
in any such materials and information, and you
hereby warrant that any such materials and information
are original with you, or that you have the
right to submit such materials and information.
You agree that you shall have no recourse against
MIRELA & ASSOCIATES for any alleged or actual
infringement or misappropriation of any proprietary
right in your communication to us.
3.
OTHER SITES
You
are encouraged to use discretion while browsing
the Internet. This website may contain
links that may lead unintentionally to
sites containing information that some people
may find inappropriate or offensive. It may
also lead to sites that contain inaccurate information,
false or misleading advertising, or information
that violates copyright, libel or defamation
laws. MIRELA & ASSOCIATES makes no representations
concerning any effort to review all of the content
of sites listed in its catalog.
4.
REVIEW OF POSTINGS & UPLOADS
MIRELA
& ASSOCIATES cannot review all communications
and materials posted or uploaded to this
website and therefore is not responsible
for the content of these communications and
materials. However, MIRELA & ASSOCIATES
reserves the right to block or remove communications
or materials that it determines, in its sole
discretion, to be (a) abusive, libelous, defamatory
or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright or trademark,
other intellectual property right of another
or (d) offensive or otherwise unacceptable to
MIRELA & ASSOCIATES .
5.
LIMITED LICENSE
By
this Agreement, MIRELA & ASSOCIATES grants,
subject to the terms of this Agreement, only
a limited, non-transferable and non-exclusive
license to use the software and documentation
necessary to access, explore and otherwise use
this website in real time and to use the
materials in this website in a manner
consistent with paragraph 11 (Copyright) below.
6.
USER'S AGREEMENT
You
agree to: (a) maintain all equipment required
for your access to and use of this website;
(b) maintain the security of your user identification,
password and other confidential information
relating to your MIRELA & ASSOCIATES account
("account"); and (c) be responsible
for all charges resulting from use of your account,
including unauthorized use prior to your notifying
MIRELA & ASSOCIATES of such use and taking
steps to prevent its further occurrence by changing
your password.
7.
ONLINE COMMUNICATIONS
7.01
Your participation in on-line communications
occurs in real time and is not edited, censored,
or otherwise controlled by MIRELA &
ASSOCIATES. MIRELA & ASSOCIATES cannot
and does not screen content provided by you
to MIRELA & ASSOCIATES Notwithstanding the
foregoing, MIRELA & ASSOCIATES reserves
the right to monitor content on this website
and to remove content, which MIRELA & ASSOCIATES,
in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of this
Agreement.
7.02 You may send and receive electronic mail ("email"), engage
in conferences and chats, download and upload
files and otherwise use this website as
permitted by this Agreement's operating policies
and applicable law. Files that you upload, public
messages that you send and your activity in
conferences and chats are subject to review,
modification and deletion without notice by
the forum manager responsible for the area of
this website where your uploading or other activity
takes place (or by an individual designated
by such forum manager for such purpose). The
operating policies relating to online conduct,
storage and deletion of email and uploaded files,
conferences and other matters are available
and/or will be made available upon request.
MIRELA & ASSOCIATES reserves the right in
its sole discretion to change such policies
at any time. Files uploaded to our server(s)
may be subject to posted limitations on usage,
reproduction and/or dissemination, and you are
responsible for adhering to such limitations
if you download them.
7.03
You are responsible for your communications
and your use of this website You may not, under
any circumstances, do any of the following:
(a) use simultaneous, unattended or continuous
connections to this website with one account;
(b) post or transmit any message which is libelous
or defamatory; (c) post or transmit any message,
data, image or program which is indecent, obscene
or pornographic; (d) post or transmit any message,
data, image or program that would violate the
property rights of others, including unauthorized
copyrighted text, images or programs, trade
secrets or other confidential proprietary information,
and trademarks or service marks used in an infringing
fashion; (e) use this website to threaten,
harass, stalk, abuse, or otherwise violate the
legal rights (including rights of privacy and
publicity) of others; (f) intercept or attempt
to intercept email or other private communications
not intended for you; (g) send email to Users
or other Internet users for any purpose other
than personal communication, including to advertise
or offer to sell unsolicited goods or services
to other Users, use as a mass unsolicited distribution
medium to communicate a generally unsolicited
message, or use your email account as an address
to which Users or other Internet users need
to respond (except as otherwise expressly permitted
by MIRELA & ASSOCIATES); (h) send unsolicited
email messages through third-party mail servers
in order to relay your email or hide the origination
of your email to others; (i) upload or download
files that contain software or other material
protected by intellectual property laws, rights
of privacy or publicity, or any other applicable
law unless you own or control the rights to
such files or have received all necessary consents;
(j) upload files that contain a virus or corrupted
data; (k) delete any author attributions, legal
notices or proprietary designations or labels
in a file that you upload to a BBS or this website;
(l) falsify the source or origin of software
or other material contained in a file that you
upload to a BBS or this website; (m) use this
website in a manner that adversely affects the
availability of its resources to other Users;
(n) use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
that is not a subscriber to this website the
User directory or any portion thereof other
than for personal, noncommercial purposes; (o)
falsely purport to be an employee or agent of MIRELA
& ASSOCIATES; (p) cause repeated disruptive
incidents; or (q) act, or fail to act, in your
use of this website, in a manner that is contrary
to applicable law or regulation. In addition,
you may not post or transmit any message which
is harmful, threatening, abusive or hateful.
It is not the intent of MIRELA & ASSOCIATES
to discourage Users from taking controversial
positions or expressing vigorously what may
be unpopular views in this website, nonetheless, MIRELA
& ASSOCIATES reserves the right to
take such action as it deems appropriate in
cases where this website is used to disseminate
statements which are deeply and widely offensive
and/or harmful. Each time you upload a file
on this website, you represent and warrant that
you own or otherwise control the rights or have
the necessary consents to do so, and you grant
every other User the right to download and use
such file. Your failure to observe any of the
foregoing limitations or obligations may result
in civil or criminal liability.
8.
PRIVACY POLICY
MIRELA & ASSOCIATES takes online information
security and user privacy extremely seriously.
Please see our Privacy Statement for a detailed
description of our information gathering and
dissemination practices for this website.
9.
USER REPRESENTATIONS
You
represent and warrant that you possess the legal
right and ability to enter into this Agreement
and to use this website in accordance
with this Agreement. You agree to be financially
responsible for your use of this website (as
well as for use of your account by others, including
minors living with you) and to comply with your
responsibilities and obligations as stated in
this Agreement.
10.
CONTENT
Statements
made in websites, newsgroups, message boards,
email, forums, conferences and chats reflect
only the views of their authors. Forum managers,
forum hosts, CPs, or Merchants appearing on this
website are not authorized MIRELA &
ASSOCIATES spokespersons, and their views do
not necessarily reflect those of MIRELA &
ASSOCIATES .
11.
COPYRIGHT
The
entire contents of this website are
copyrighted as a collective work under the laws
of United States and other copyright laws. MIRELA
& ASSOCIATES holds the copyright in the
collective work. You may display and, subject
to any expressly stated restrictions or limitations
relating to specific material, download portions
of the material from the different areas of
this website solely for your own non-commercial
use, unless otherwise permitted (e.g., in the
case of electronic coupons, etc). Any redistribution
retransmission or publication of any copyrighted
material is strictly prohibited without the
express written consent of the copyright owner.
You agree not to change or delete any proprietary
notices from materials downloaded from this
website.
12.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless
MIRELA & ASSOCIATES, its officers, directors,
employees, agents, information providers and
suppliers from and against all losses, expenses,
damages and costs, including reasonable attorney's
fees, resulting from any violation of this agreement
or any activity related to your account (including
infringement of third parties' worldwide intellectual
property rights or negligent or wrongful conduct)
by you or any other person accessing this website using
your service account.
13.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
You
agree that neither MIRELA & ASSOCIATES,
nor its officers, directors, employees, agents,
information providers or suppliers shall have
any liability to you under any theory of liability
or indemnity in connection with your use of this
website. You hereby release and forever
waive any and all claims you may have against
MIRELA & ASSOCIATES, its officers, directors,
employees, agents, information providers or
suppliers (including but not limited to claims
based upon the negligence of MIRELA & ASSOCIATES,
its officers, directors, employees, agents,
information providers or suppliers) for losses
or damages you sustain in connection with your
use of this website.
Notwithstanding
the foregoing paragraph, the total liability
of MIRELA & ASSOCIATES, its officers, directors,
employees, agents, information providers and
suppliers, if any, for losses or damages shall
not exceed the fees paid by the user for the
particular information or service provided.
In no event shall MIRELA & ASSOCIATES, its
officers, directors, employees, agents, information
providers or suppliers be liable to you for
any losses or damages other than the amount
referred to above. All other damages, direct
or indirect, special, incidental, consequential
or punitive arising from any use of the information
or other parts of this website are
hereby excluded even if MIRELA & ASSOCIATES,
its officers, directors, employees, agents,
information providers or suppliers have been
advised of the possibility of such damages.
14.
THIRD PARTY RIGHTS
The
provisions of paragraphs 12 (Indemnification)
and 13 (Waiver, Release and Limitation of Liability)
are for the benefit of MIRELA & ASSOCIATES
and its officers, directors, employees, agents,
licensors, suppliers, and Information Providers.
Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
15.
TERM; TERMINATION
Either
you or MIRELA & ASSOCIATES may terminate
your right to use this website at
any time, with or without cause, upon notice.
MIRELA & ASSOCIATES also reserves the right
to terminate or suspend your membership without
prior notice, but MIRELA & ASSOCIATES will
confirm such termination or suspension by subsequent
notice. The provisions of paragraphs 2 (License,
and Idea Submission), 11 (Copyright), 12 (Indemnification),
13 (Waiver, Release and Limitation of Liability),
14 (Third Party Rights), and 16(Miscellaneous)
shall survive any termination of this Agreement.
16.
MISCELLANEOUS
This
Agreement shall be governed by and construed
in accordance with the laws of the State of
Washington. You agree that any legal action
or proceeding between MIRELA & ASSOCIATES
and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall
be brought exclusively in a court of competent
jurisdiction sitting in the city of Palm Desert,
CA. Any cause of action or claim you may have
with respect to MIRELA & ASSOCIATES must
be commenced within one (1) year after the claim
or cause of action arises. MIRELA & ASSOCIATES's
failure to insist upon or enforce strict performance
of any provision of this Agreement shall not
be construed as a waiver of any provision or
right. Neither the course of conduct between
the parties nor trade practice shall act to
modify any provision of this Agreement. MIRELA
& ASSOCIATES may assign its rights and duties
under this Agreement to any party at any time
without notice to you.
17.
NOTICE
MIRELA
& ASSOCIATES may deliver notice to you under
this Agreement by means of electronic mail,
a general notice on this website, or by written
communication delivered by first class U.S.
mail to your address on record in our account
information database. You may give notice any
time to MIRELA & ASSOCIATES via electronic
mail or by letter delivered by first class postage
prepaid U.S. mail or overnight courier to the
following address:
MIRELA
& ASSOCIATES
72-261
Highway 111 Suite 121-B
Palm Desert, CA 92260
Attention:
Legal Affairs Director
18.
SEVERABILITY
The
provisions of this Agreement are severable,
and in the event any provision hereof is determined
to be invalid or unenforceable, such invalidity
or unenforceability shall not in any way affect
the validity or enforceability of the remaining
provisions hereof.
19.
Refunds
Any purchased dvd's will have a 20% restocking fee in the case you would like to return it, unless the disc as been damanged and you would like a new one. |