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TERMS
AND CONDITIONS
1. Links to Other Web Sites.
The Company's web sites may contain links to third party web sites. These links
are provided solely as a convenience to you and not as an endorsement by the
Company of the contents on such third-party web sites. The Company is not responsible
for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party web sites.
If you decide to access linked third-party web sites, you do so at your own risk.
2. Use of Material.
The Company authorizes you to view and download a single copy of the material
on its web site solely for your personal, non-commercial use. Special rules may
apply to the use of certain software and other items provided from time to time
on its web site as set forth in Section 6 of these Terms and Conditions. Any
other special rules may be also listed on this page of the Company's web site
and are incorporated into these Terms and Conditions by this reference. The contents
of the Company's web site, such as text, graphics, photographs, images and other
material (.Material.), are protected by copyright under both United States and
foreign laws. Unauthorized use of the Material may violate copyright, trademark
and other laws. You must retain all copyright and other proprietary notices contained
in the original Material on any copy you make of the Material. You may not sell
or modify the Material or reproduce, display, publicly perform, distribute or
otherwise use the Material in any way for any public or commercial purpose. If
you violate any of these Terms and Conditions, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material.
3. Company's Liability.
The Material may contain inaccuracies or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness or timeliness
of the Material or about the results to be obtained from using any of its web
site or the Material. Use of any of the Company's web site or the Material is
at your own risk. Changes are periodically made to the Company's web site and
may be made at any time. THE COMPANY DOES NOT WARRANT THAT ANY OF ITS WEB SITE
WILL OPERATE ERROR-FREE OR THAT THESE WEB SITE AND THEIR SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF ANY OF COMPANY.S WEB
SITE, THE MATERIAL OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY.S
WEB SITE, MATERIAL AND SOFTWARE ARE PROVIDED ON AN .AS IS. BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, ITS SPONSORS AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES. RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY, ITS SPONSORS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS OR LINKS CONTAINED IN ANY OF THE COMPANY.S
WEB SITES.
4. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SPONSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT COMPANY.S WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE COMPANY.S WEB SITE, THE MATERIAL AND THE SOFTWARE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. User Submissions.
Generally, any communication that you post to the Company's web site is considered
to be non-confidential. If particular web pages permit the submission of communications
which will be treated by the Company as confidential, that fact will be stated
in the Company's Privacy Policy. By posting communications to the Company's web
site, you automatically grant the Company a royalty-free, perpetual, irrevocable
nonexclusive worldwide license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part of other
works in any form, media or technology, whether now known or hereafter developed,
and to sublicense such rights.
6. Indemnity.
You agree to defend, indemnify and hold harmless the Company, its officers, directors,
employees, sub contractors, sponsors and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material (including Software)
or your breach of the Terms and Conditions. The Company shall provide notice
to you of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
7. Export Control.
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export any Material
(including Software) to countries or persons prohibited under the export control
laws. By downloading any Material (including Software), you are agreeing that
you are not in a country where such export is prohibited or are a person or entity
to which such export is prohibited. You are responsible for compliance with the
laws of your local jurisdiction regarding the import, export or re-export of
any Material (including Software).
8. General.
The Company's web site is based in Santa Barbara, California. The Company makes
no claims the Material (including Software) are appropriate or may be downloaded
outside of the United States. Access to the Material (including Software) may
not be legal by certain persons or in certain countries. If you access the Company's
web site from outside the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. These Terms and Conditions
are governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. If any provision of these Terms and
Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or any other term. Except as expressly
provided in the Company's Privacy Policy, Legal Notices or Software License or
material on particular web pages, these Terms and Conditions constitute the entire
agreement between you and the Company with respect to the use of Company's web
site.
9. Copyright Information.
Copyright © 2006 Liquid Militia Incorporated. All rights reserved.
You may view, download and print documents, text, photographs and graphics from
our web sites subject to the following restrictions:
You are solely authorized to use this material only for personal, non-commercial
purposes, including downloading and printing of materials, provided this copyright
permission and any copyright or trademark notice is included in all such printed
copies. Modification or alteration of this material is strictly prohibited. Except
as expressly provided herein, you may not use, download, upload, copy, print,
display, perform, reproduce, publish, license, post, transmit or distribute any
information from any of our web sites in whole or in part without the prior written
permission of Liquid Militia, U.S.A.
10. User Submissions.
The Liquid Militia Website may now or in the future permit the publication
of communications or data posted by you and other users ("User Submissions").
Any User Submission that you post to the Liquid Militia Website shall automatically
be deemed non-confidential. By posting a User Submission, you expressly grant
Liquid Militia a royalty-free, perpetual, irrevocable, nonexclusive, worldwide
license to use, reproduce, modify, publish, edit, translate, distribute, perform,
display, and make derivative works of such User Submission, in whole or in
part,
and in any form, media or technology, whether now known or hereafter developed,
and further including the unfettered right to sublicense such rights. You shall
be solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you agree
that you will
not: (i) post material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful
owner to post the material; (ii) publish falsehoods or misrepresentations that
could damage Liquid Militia or any third party; (iii) post material that is
obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing
to another
user or any other person or entity; (iv) post advertisements or solicitations
of business; (v) post chain letters or pyramid schemes; or (vi) impersonate
another person. Liquid Militia does not endorse any User Submission or any
opinion, recommendation
or advice expressed therein, and Liquid Militia expressly disclaims any and
all liability in connection with User Submissions. Liquid Militia does not
screen
communications in advance, and shall not be responsible for screening or monitoring
User Submissions. If notified by a user of a User Submission that allegedly
does not conform to this Agreement, Liquid Militia may investigate the allegation
and determine in good faith and in its sole discretion whether to remove or
request
the removal of the User Submission.
11. Warranty Disclaimer.
YOU AGREE THAT YOUR USE OF THE LIQUID MILITIA WEBSITE SHALL BE AT YOUR SOLE
RISK. LIQUID MILITIA PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS
WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LIQUID
MILITIA,
ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LIQUID MILITIA MAKES NO WARRANTIES
WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF
ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER
MATERIAL
CONTAINED IN THE LIQUID MILITIA WEBSITE. LIQUID MILITIA DOES NOT WARRANT THAT
THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL CONTENT. LIQUID MILITIA DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY
A THIRD PARTY THROUGH THE LIQUID MILITIA WEBSITE OR ANY HYPERLINKED WEBSITE,
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIQUID MILITIA WILL NOT
BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND
EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability.
IN NO EVENT SHALL LIQUID MILITIA, ITS PARENT CORPORATION, OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION
LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING
FROM YOUR USE OR INABILITY TO USE THE LIQUID MILITIA WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIQUID MILITIA SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY,
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU. YOU FURTHER ACKNOWLEDGE THAT THE USE OF MOTORIZED VEHICLES CAN BE DANGEROUS
AND
MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH
THE WEBSITE CONCERNING THE OPERATION OF MOTORIZED VEHICLES IS FOR GENERAL REFERENCE
AND IS NOT IN ANY WAY A SUBSTITUTION FOR PROFESSIONAL TRAINING. YOUR USE OF
ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION
AND USE
OF A MOTORIZED VEHICLE MAY NOT PREVENT SERIOUS INJURY OR DEATH.
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