| THIS IS IMPORTANT
-- PLEASE READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION
OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND
ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE
ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE
RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY
READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT
APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS
TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR
YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS
CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES
ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE
PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY
PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE
PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING,
THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND
INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to herein as
"Visitors," are parties to this agreement. The website and its
owners and/or operators are parties to this agreement, herein
referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract
with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right
to use this information in a commercial or public setting;
they have no right to broadcast it, copy it, save it, print
it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree
this condition of viewing and you acknowledge that any
unauthorized use is unlawful and may subject you to civil or
criminal penalties. Again, Visitor has no rights whatsoever to
use the content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying code, or
other intellectual property the site may contain, for any
reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition
to costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting
this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material contained on the website must be presumed to
be proprietary and copyrighted. Visitors have no rights
whatsoever in the site content. Use of website content for any
reason is unlawful unless it is done with express contract or
permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may
hyperlink this site, or portions thereof, (including, but not
limited to, logotypes, trademarks, branding or copyrighted
material) to theirs for any reason. Further, you are not
allowed to reference the url (website address) of this website
in any commercial or non-commercial media without express
permission, nor are you allowed to 'frame' the site. You
specifically agree to cooperate with the Website to remove or
de-activate any such activities and be liable for all damages.
You hereby agree to liquidated damages of US$100,000.00 plus
costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy
of the content of this website. Visitors assume the all risk
of viewing, reading, using, or relying upon this information.
Unless you have otherwise formed an express contract to the
contrary with the website, you have no right to rely on any
information contained herein as accurate. The website makes no
such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE
FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR
ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING
FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data
that is inadvertently passed to the visitor's computer. Again,
visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own
risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to,
viruses and worms.LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this
site, including banners, advertising, or pop-ups, downloads,
and as a condition of the website to allow his lawful viewing,
Visitor forever waives all right to claims of damage of any
and all description based on any causal factor resulting in
any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which
the Website is required to pay for, the Visitor, as a
condition of viewing, promises to reimburse the Website for
all. SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the Website
and may be used, without further permission, for commercial
use without additional consideration of any kind. Visitor
agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is also a provision of
the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due
Visitor and Visitor expressly warrants an understanding that
the right to notice is waived as a condition for permission to
view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for
viewing, using or interacting with this website, Visitor
agrees to use binding arbitration for any claim, dispute, or
controversy ("CLAIM") of any kind (whether in contract, tort
or otherwise) arising out of or relating to this purchase,
this product, including solicitation issues, privacy issues,
and terms of use issues.
Arbitration shall be conducted pursuant to the rules of
the American Arbitration Association which are in effect on
the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration
Association, its rules, and its forms are available from the
American Arbitration Association, 335 Madison Avenue, Floor
10, New York, New York, 10017-4605. Hearing will take place in
the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber
or customer have the right to go to court or have a jury
trial. Viewer, visitor, member, subscriber or customer will
not have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited
rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Viewer,
visitor, member, subscriber or customer agrees to that the
sole and proper jurisdiction to be the state and city declared
in the contact information of the web owner unless otherwise
here specified. In the event that
litigation is in a federal court, the proper court shall be
the closest federal court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees
that the applicable law to be applied shall, in all cases, be
that of the state of the Seller.
CONTACT INFORMATION
DYB Marketing, LLC
9340 Niagara Lane N
Maple Grove, MN 55369
|