|
| |
|
This website contains images of naked men engaging in sex acts, including gay, sexually-oriented material.
Leave now if you are offended by such material, or if you are under the age of 18, or if you live in a
community where viewing or possessing adult material is illegal.
|
|
ALL MODELS ARE 18 OF AGE OR OLDER. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
DO YOU AGREE TO THE TERMS & CONDITIONS AS DESCRIBED BELOW:
|
| Terms and Conditions | | Liberty Media Holdings | | CorbinFisher.com, AmateurCollegeMen.com, AmateurCollegeSex.com, ShopCorbinFisher.com | | Effective Date: January 1, 2009 | | Last Modified: February 23, 2009 | 1. Preliminary Provisions:
| 1.1 | Introduction – Welcome to our website’s Terms and Conditions, or User Agreement (hereinafter, “T&C’s” or simply, “Agreement”). The provisions of this Agreement will govern your use of our website, and you should therefore take some time to read it carefully. Should you have any questions or comments regarding our website, or its policies, please feel free to contact us. | | 1.2 | Additionally, through the use of this Agreement, we are placing legal conditions on your use of the following websites: CorbinFisher.com, AmateurCollegeMen.com, ShopCorbinFisher.com, www.CorbinPays.com, and AmateurCollegeSex.com; hereinafter, the “Website” or “Websites”), and making certain promises to you. | | 1.3 | Party Definitions |
| 1.3.1 | "Us," the service provider – Liberty Media Holdings (hereinafter, also referred to as simply, “LMH,”) is the service provider of the Websites. It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as “Us,” “We,” “Our,” “Ours,” etc., those first-person pronouns are referring to LMH, as the service provider for the Websites. | | 1.3.2 | “You,” the User – As a User of these Websites, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Your,” “Yours,” etc. Hereinafter, the User of the Website shall be referred to in applicable second-person pronouns. | | 1.3.3 | The Website(s) – When the term “Website,” “Websites,” “Website(s),” “Network,” or simply, “Service(s),” is used in this set of T&C’s, it means CorbinFisher.com, AmateurCollegeMen.com, ShopCorbinFisher.com, www.CorbinPays.com, and AmateurCollegeSex.com; unless the Agreement specifically says otherwise. |
| 1.4 | First and foremost; BEFORE accessing or using Our Website(s), You must agree to ALL of the conditions in this Agreement. You do not need to use Our Website(s), therefore if You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use this Website, or any of Our Websites, and should leave immediately! | | 1.5 | You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish to avoid, You may contact Us to negotiate a separate agreement BEFORE You use Our Website(s). We do not guarantee that such negotiations will be successful. Nevertheless, if You wish to discuss your own personalized Agreement, please contact us or have Your attorney do so. | | 1.6 | If You do not understand all of the terms in this Agreement, then You should consult with an attorney before accessing/using any portion of Our Website(s), other than this Agreement. | | 1.7 | This Website is for adults only. If You are under the age of eighteen (18), You are to immediately cease Your access and use of Our website(s); You are prohibited from any use or access of Our Website(s). | | 1.8 | Consideration – Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Website(s). You agree that such Consideration is adequate, and that Your Consideration is received upon Your viewing and/or downloading any portion of Our Website(s). | | 1.9 | Revisions to this Agreement |
| 1.9.1 | From time to time, LMH (and only LMH) may revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon its posting, and the prior version(s) shall have no continuing legal effect. | | 1.9.2 | If We change anything in this Agreement, the change will be reflected in the “last modified date” at the top of this Agreement. | | 1.9.3 | You agree to re-visit Our Website(s) on a weekly basis, and to use the “refresh” button on Your browser when doing so. Upon each visit, You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease all use of any or Our Website(s). | | 1.9.4 | Waiver – If You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions. You also agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms of the Agreement. We are in no way responsible for Your neglect of Your legal rights. |
| 2. Acceptance and Affirmation:
| 2.1 | You must agree to all of the terms in this Agreement before using any of Our Website(s) or Our services. | | 2.2 | Your affirmative acceptance of all the terms in this Agreement is, and will be, demonstrated by You when: |
| 2.2.1 | You click any link, button, or other device, provided to You in any part of Our Website(s)’ interface. Upon the performance of any of these actions, You have legally agreed to all of these T&C’s; or | | 2.2.2 | By accessing or using any of Our Services in any manner. |
| 2.3 | You understand, and agree, that We will consider any use of Our Website(s) and/or Services, as Your affirmation of Your complete and unconditional acceptance of all of the terms in this Agreement. |
| 3. Special Considerations Regarding Minors:
| 3.1. | Age of Majority – In order to use Our Website(s) or any of the Services provided by Us, You must have attained the age of majority in Your jurisdiction. You represent and warrant that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. |
| 3.1.1. | Age Verification – You were asked to verify that You are at least eighteen (18) or twenty-one (21) years of age, on the homepage of Our Website(s), as a condition of entry onto certain areas of the Website(s) containing adult content pursuant to 28 U.S.C. § 1746. Accordingly, if You provided incorrect information on the homepage, You committed an act of perjury, this perjury was recorded, and this perjury may (and will) be used against You in any court proceeding or other tribunal of any kind. |
| 3.2. | We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age. | | 3.3. |
You represent and warrant that You will not allow any minor
access to Our Website(s). Users should implement parental control
protections, such as computer hardware, software, or filtering services,
which may help users to limit minors’ access to harmful material. You
acknowledge that if Your computer can be accessed by a minor, that You
will take all precautions to keep Our Materials from being viewed by
minors. You additionally acknowledge that if You are a parent, it is
Your responsibility, and not Ours, to keep Our content from being
displayed to Your children or wards.
| | 3.4. |
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO
TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC,
PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
|
| 3.4.1. |
All depictions of all persons on Our Websites are of persons
over the age of eighteen (18) as of the date of the production of the
depiction. We take great measures to ensure that no underage models
appear in any of Our materials.
| | 3.4.2. |
If You seek any form of child pornography (including so-called
“virtual” child pornography), You must exit this Website
immediately. We do not provide this kind of material and We do not
tolerate those who provide this kind of material, nor do We tolerate
consumers of this kind of material.
| | 3.4.3. |
In order to further Our zero-tolerance policy, You agree to
report any images that appear to depict minors on Our Websites. If You
see any images or other depictions that are questionable, You agree to
report these images by emailing us.
| | 3.4.4. |
Include with Your report any appropriate evidence, including
the date and time of identification. All reports will immediately be
investigated and the appropriate action will be taken.
| | 3.4.5. |
We enthusiastically cooperate with any law-enforcement agency
investigating child pornography. If You suspect other outside websites
are participating in unlawful activities involving minors, please report
them to http://www.asacp.org.
|
|
4. Images and Content:
| 4.1. |
Our Website(s) contain(s) viewable and downloadable, images and
content; including but not limited to: text, software, images, graphics,
data, messages, and other information (collectively, “Materials” or
“Content”).
| | 4.2. |
You acknowledge and stipulate that all of the Materials are
expressive content that is fully protected by the First Amendment to the
United States Constitution.
| | 4.3. |
You acknowledge and understand that some of the Materials
contain graphic visual depictions of sexual activity and nudity, as well
as descriptions of sexually oriented and sexually explicit activities.
You acknowledge that You are aware of the nature of the Materials
provided by Our Website(s) and that You are not offended by such
Materials, and to the contrary, that You are accessing Our Website(s)
specifically because You enjoy such expressive content and You wish to
view such Materials. You stipulate that you access this Website freely,
voluntarily, and willingly, and for Your own personal enjoyment.
| | 4.4. | You agree not to use or access the Website if doing so would violate the laws of Your state, province, or country. | | 4.5. |
In the event that any court finds that any third party
communication or third party content on Our Website(s) falls outside of
the realm of Section 230 of the Communications Decency Act (“CDA”),
this shall not be deemed to be a waiver of any legal protections
provided by CDA§ 230 for any and all other content posted on Our
Website.
|
|
5. Restrictions on Use of Website(s):
| 5.1. |
You agree that You will only use Our Website(s) for purposes
expressly permitted and contemplated by this Agreement. You may not use
the Website(s) for any other purposes without Our express prior written
consent.
| | 5.2. | Without Our express prior written authorization, You may not: |
| 5.2.1. |
Duplicate any part of the Website(s) or the materials
contained therein (except as expressly provided elsewhere in this
Agreement);
| | 5.2.2. |
Redistribute or create any derivative works based on the
Website(s) or any of the materials contained therein. You agree that
any such use is NOT “fair use”;
| | 5.2.3. |
Use the Website(s) or any of the Materials contained therein
for any public display, public performance, sale or rental, and You
hereby agree and stipulate that any and all such uses are NOT “fair
use”;
| | 5.2.4. |
Remove any copyright or other proprietary notices from the
Website(s) or any of the Materials contained therein;
|
| 5.2.4.1. |
Circumvent any encryption or other security tools used
anywhere on the Website(s) (including the theft of user names and
passwords or using another person’s user name and password in order to
gain access to a restricted area of the Website(s)). If We detect that
an account/Member has breached this provision of the Agreement, We
reserve the right to immediately terminate the account and bar the
Member from accessing Our services.
|
| 5.3. |
Additionally – Use of Our Website(s) is strictly prohibited
for any use other than for personal, non-commercial use. This
prohibition includes, but is not limited to, the following:
|
| 5.3.1. |
Competitors are not authorized to access or use LMH’s
Websites without express, written permission from LMH in advance of such
access.
| | 5.3.2. |
Members of the law enforcement community, their agents and
employees, are not authorized to access or use LMH’s Websites.
| | 5.3.3. |
Employees of the United States government, their agents, and
their contractors are not authorized to access or use the Company's
Websites.
|
|
6. Services and Membership:
| 6.1. |
General Services – Our Website(s) provide You with the ability
to view and download images and content available on Our Websites. The
images and content are adult in nature (PLEASE REFER TO “SECTION 4”
OF THIS AGREEMENT, TITLED: “IMAGES AND CONTENT,” FOR A DETAILED
DESCRIPTION OF THE ADULT ORIENTED MATERIAL FOUND ON OUR WEBSITE(S)).
|
| 6.1.1. |
Membership – Members will receive benefits and services as
described on the enrollment page at the time of registration. The terms
and conditions of a User’s enrollment into Membership are incorporated
by reference into this Agreement. All Memberships renew at their posted
rates until cancelled. You can cancel at any time and prevent future
billing by going to the Websites’ support page. Members are able to
download up to (but no more than) 5GB of content from our Website(s) in
any given twenty-four (24) hour period.
| | 6.1.2. |
Fees – Upon registration with one or more of the Websites on
LMH’s Network, You will be charged pursuant to the membership rates
posted at the time of registration. Please note that due to the nature
of Our services and the openness of Our preview areas, We do not offer
refunds of membership fees if a Member is unhappy with the content on
Our Website(s).
|
| 6.2.1. |
Voluntary – Closing your account voluntarily is accomplished
by following the cancellation instructions on the support
page.
| | 6.2.2. |
Involuntary – Without limiting other remedies, We may
immediately issue a warning, temporarily suspend, indefinitely suspend,
or terminate Your access and use of Our Website(s) and refuse to provide
Our services to You at any time, with or without advance notice, if:
|
| 6.2.2.1. | We believe that You have breached any material term of these Terms and Conditions or the documents it incorporates by reference; | | 6.2.2.2. | We are unable to verify or authenticate any information You provide to Us; | | 6.2.2.3. | We believe that Your actions may cause legal liability for You, Our users, or Us; or | | 6.2.2.4. | We decide to cease operations or to otherwise discontinue any services or options provided by the Website(s) or parts thereof. |
| 6.3. |
Further, You agree that neither LMH, Our Website(s), nor any
third party acting on Our behalf shall be liable to You for any
termination of Your membership or access to Our Website(s).
| | 6.4. |
You agree that if Your account is terminated by Us, You will not
attempt to re-register as a Member of the Website(s) without prior
written consent from Us.
| | 6.5. |
Cancellation of Your account or other business relationships
with Us shall not be deemed to terminate Our relationship with You with
respect to the provision of unsolicited commercial e-mail. This
business relationship is specifically deemed to continue indefinitely
until explicitly terminated by You, by opting out on our newsletter
page.
|
|
7. Disclaimer and Indemnification:
| 7.1. |
If We determine that You or any User has used Our Services in
violation of any law, Your ability to use the Website(s) may be
terminated immediately and We have every right to voluntarily cooperate
with law enforcement or private aggrieved parties that We may be legally
compelled to do so. We hereby disclaim any liability for damages that
may arise from any User providing any services for any purpose that
violates any law. You do hereby agree to defend, indemnify and hold Us
harmless from any liability that may arise for Us should You violate any
law.
| | 7.2. |
You also agree to defend and indemnify Us should any third party
be harmed by Your actions or should We be obligated to defend any claims
including, without limitation, any criminal or civil action brought by
any party.
| | 7.3. |
Our Website(s) contain material that may be offensive to third
parties. You agree to indemnify and hold Us harmless from any liability
that may arise from someone viewing such material and You agree to cease
review of the Website(s)/Services should You find it offensive.
| | 7.4. |
You agree to defend, indemnify, and hold harmless LMH, Our
officers, directors, shareholders, employees, independent contractors,
telecommunication providers, and agents, from and against any and all
claims, actions, loss, liabilities, expenses, costs, or demands,
including without limitation legal and accounting fees, for all damages
directly, indirectly, and/or consequentially resulting or allegedly
resulting from Your (or You under another person’s authority -
including without limitation to governmental agencies) use, misuse, or
inability to use the Website(s) or any of the Materials contained
therein, or Your breach of any part of this Agreement. We shall
promptly notify You by electronic mail of any such claim or suit, and
cooperate fully (at Your expense) in the defense of such claim or suit.
We reserve the right to participate in the defense of such claim or
defense at Our own expense, and choose Our own legal counsel; however,
We are not obligated to do so.
| | 7.5. |
Pursuant to the Communications Decency Act (“CDA”), 47
U.S.C. § 230(c)(1), and court decisions interpreting the scope of the
CDA, You acknowledge and understand that We operate, through the
Website(s), as an interactive computer service provider. Thus, We are
immune from, and cannot be held responsible for, claims arising from the
publication of third-party content (including third-party User content),
appearing on the Website(s). We do not create such content, and We are
not responsible for the publication or remarks of third-parties that may
arguably rise to the level of being actionable under federal or state
laws including, but not limited to, the publication of material that
might be considered defamatory, or in violation of privacy or publicity
rights. Note that federal law allows Us to remove any content found to
be offensive, defamatory, obscene or otherwise in violation of Our
policies, without impacting Our status as a computer service provider.
Nothing contained in this paragraph is intended to limit or alter the
immunity from claims provided by Section 230 of the Communications
Decency Act.
|
|
8. Intellectual Property Information:
| 8.1. |
Liberty Media Holdings and the aforementioned names of the
Website(s) in Our Network are Our Service Mark(s) and/or Trademark(s).
You may not register, use, or traffic in any domain name that is
confusingly similar to Our registered or common law trademarks.
| | 8.2. |
Other companies’ product and service names referenced on Our
Website(s) may be trademarks and service marks of their respective
companies and are the exclusive property of such respective owners, and
may not be used publicly without the express written consent of the
owners and/or holders of such trademarks and service marks.
| | 8.3. |
Copyright – This Website belongs to Us, and We either own or
have rights to display all of the materials thereupon. You may not use
any of Our Content or Materials, without Our express written consent.
|
|
9. Limitation of Liability:
| 9.1. |
In no event, shall We (or Our licensors, agents, suppliers,
resellers, service providers, or any other subscribers or suppliers) be
liable to You, or any other third party for any direct, special,
indirect, incidental, consequential, exemplary, or punitive damages,
including without limitation, damages for loss of profits, loss of
information, business interruption, revenue, or goodwill, which may
arise from any person’s use, misuse, or inability to use the
Website(s) or any of the Materials contained therein, even if We have
been advised of the probability of such damages. This is for any matter
arising out of or relating to this Agreement, whether such liability is
asserted on the basis of contract, tort or otherwise, even if We have
been advised of the possibility of such damages.
| | 9.2. |
In no event shall Our maximum total aggregate liability
hereunder for direct damages exceed the total fees, actually paid by
You, for use of one of Our Websites for a period of no more than one (1)
month from the accrual of the applicable cause or causes of action.
Because some jurisdictions prohibit the exclusion or limitation of
liability for consequential or incidental damages, the above limitation
may not apply to You.
|
|
10. Complaint Policy:
| 10.1. |
You agree that if You have any complaint about any content on
Our Website(s), including (but not limited to) a complaint or claim of
defamation (libel or slander), invasion of privacy, false light,
trademark infringement, right of publicity claims, or any related or
similar tort, that You will provide notice to Us by mail or fax to:
Liberty Media Holdings
c/o Weston, Garrou, Walters & Mooney
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
| | 10.2. | You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concern(s). | | 10.3. |
After evaluating Your concern(s), We will either inform You
that We do not believe Your concern is valid, or We will request Your
preference regarding an opportunity to cure Your concern(s). This cure
may include one of the following:
|
| 10.3.1. | We may offer to delete the offending material. | | 10.3.2. | We may offer to modify the offending material. | | 10.3.3. |
We will engage You and seek any other alternative resolution
that will mitigate Your damaged legal interests - whether or not We are
legally required to do so.
|
| 10.4. |
You acknowledge and agree that upon transmission of Your
complaint to us, You will be considered to have engaged in settlement
discussions with Us, and neither party will initiate formal legal action
while non-adversarial resolution is in progress. You agree that You will
not file suit unless and until We issue a statement to You that We have
taken Our final action, and that no further action will be taken without
adversarial proceedings. At that point, You may proceed with arbitration
as provided for under this Agreement.
| | 10.5. |
You acknowledge that once You accept any of Our offers of
non-adversarial resolution, that You irrevocably waive any and all
possible claims for any allegedly offending material on Our Website(s)
and that if You do bring any action against Us that You hereby stipulate
that You will bear Your own costs and fees incurred in the action,
regardless of the outcome of that action, and that You stipulate that
Your damages will be limited to $1, and no more, and that You hereby
acknowledge that such amount of $1 is sufficient and adequate.
| | 10.6. |
You understand that no part of this Agreement obligates Us to
go beyond that required by law, and this Agreement is in place for Your
convenience. If We believe that Your requests are unreasonable, We
reserve every right to terminate discussions with or file suit against
You to recover any legal fees incurred due to harassing or unreasonable
requests.
|
|
11. General Provisions:
| 11.1. |
Binding Arbitration – If there is a dispute between the
parties arising out of or otherwise relating to this Agreement, the
parties shall meet and negotiate in good faith to attempt to resolve the
dispute. If the parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided herein, the
parties must submit the issue to binding arbitration in accordance with
the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but are not
limited to, contract and tort claims of all kinds, and all claims based
on any federal, state or local law, statute, or regulation, excepting
only claims under applicable worker’s compensation law, unemployment
insurance claims, actions for injunctions, attachment, garnishment, and
other equitable relief. The arbitration shall be conducted in Seminole
County, Florida, and conducted by a single arbitrator, knowledgeable in
Internet and e-Commerce disputes. The arbitrator shall have no
authority to award any punitive or exemplary damages; certify a class
action; add any parties; vary or ignore the provisions of this
Agreement; and shall be bound by governing and applicable law. The
arbitrator shall render a written opinion setting forth all material
facts and the basis of his or her decision within thirty (30) days of
the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE
ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
| | 11.2. |
The Arbitrator shall have no authority to award any punitive or
exemplary damages; certify a class action; add any parties; vary or
ignore the provisions of this Agreement; and shall be bound by governing
and applicable law. The arbitrator shall render a written opinion
setting forth all material facts and the basis of his or her decision
within thirty (30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN
REGARD TO ARBITRAL CLAIMS.
| | 11.3. |
No Waiver of Right to Arbitration – There shall be no waiver
of the right to arbitration unless such waiver is provided affirmatively
and in writing by the waiving party to the other party. There shall be
no implied waiver of this right to arbitration. No acts, including the
filing of litigation, shall be construed as a waiver or a repudiation of
the right to arbitrate.
| | 11.4. |
The First Amendment Applies to Arbitration Proceedings – Any
arbitration tribunal shall consider the First Amendment to the United
States Constitution to be in force and effect between the parties. Both
parties stipulate to the applicability of the First Amendment’s
protection of free speech, expression, and association, and both parties
stipulate that case law interpreting the First Amendment shall be
admissible and considered to be binding authority upon the Arbitrator.
| | 11.5. |
If, for whatever reason, the Arbitration clause does not apply,
then the following Governing Law provisions shall apply:
|
| 11.5.1. |
Governing Law – This Agreement and all matters arising out
of, or otherwise relating to, this Agreement shall be governed by the
laws of the State of California, excluding its conflict of law
provisions. The sum of this paragraph is that any and all disputes must
be, without exception, brought to court and litigated in San Diego
County, California.
|
| 11.5.1.1. |
All parties to this Agreement agree that all actions or
proceedings arising in connection with this Agreement or any services or
business interactions between the parties that may be subject to this
Agreement shall be tried and/or litigated exclusively in the state and
federal courts located in San Diego County, California.
| | 11.5.1.2. | The parties agree to exclusive jurisdiction in, and only in, San Diego County, California. | | 11.5.1.3. | The parties agree to exclusive venue in, and only in, San Diego County, California. | | 11.5.1.4. |
The parties additionally agree that this choice of venue
and forum is mandatory and not permissive in nature, thereby precluding
any possibility of litigation between the parties with respect to, or
arising out of, this Agreement in a jurisdiction other than that
specified in this paragraph.
| | 11.5.1.5. |
All parties hereby waive any right to assert the doctrine
of forum non-conveniens or similar doctrines, or to object to venue with
respect to any proceeding brought in accordance with this paragraph or
with respect to any dispute under this Agreement whatsoever.
| | 11.5.1.6. |
All parties stipulate that the state and federal courts
located in San Diego County, California shall have personal jurisdiction
over them for the purpose of litigating any dispute, controversy, or
proceeding arising out of (or related to) this Agreement and/or the
relationship between the parties contemplated thereby.
| | 11.5.1.7. |
Each party hereby authorizes and accepts services of
process sufficient for personal jurisdiction in any action against it,
as contemplated by this paragraph by registered or certified mail,
Federal Express, proof of delivery or return receipt requested, to the
parties address for the giving of notices as set forth in this
Agreement.
| | 11.5.1.8. |
Any final judgment rendered against a party in any action
or proceeding shall be conclusive as to the subject of such final
judgment and may be enforced in other jurisdictions in any manner
provided by law if such enforcement becomes necessary.
|
| 11.6. |
Assignment – The rights and liabilities of the parties hereto
will bind and inure to the benefit of their respective assignees,
successors, executors, and administrators, as the case may be
| | 11.7. |
Severability – If for any reason a court of competent
jurisdiction or an arbitrator finds any provision of this Agreement, or
any portion thereof, to be unenforceable, that provision will be
enforced to the maximum extent permissible and the remainder of this
Agreement will continue in full force and effect.
| | 11.8. |
Attorneys’ Fees – In the event any Party shall commence any
claims, actions, formal legal action, or arbitration to interpret and/or
enforce any of the terms and conditions of this Agreement, or relating
in any way to this Agreement, including without limitation asserted
breaches of representations and warranties, all parties shall bear their
own costs and fees.
| | 11.9. |
Complaints – California Residents: The Complaint Assistance
Unit of the Division of Consumer Services of the Department of
Consumer Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814, or by telephone at 1-916-445-1254
| | 11.10. |
No Waiver – No waiver or action made by Us shall be deemed a
waiver of any subsequent default of the same provision of this
Agreement. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other term, clause or
provision and such invalid term, clause or provision shall be deemed to
be severed from this Agreement.
| | 11.11. |
Headings – All headings are solely for the convenience of
reference and shall not affect the meaning, construction or effect of
this Agreement.
| | 11.12. |
Complete Agreement – This Agreement constitutes the entire
Agreement between the parties with respect to Your access and use of the
Website(s) and the Materials contained therein, and Your Membership with
the Website(s), and supersedes and replaces all prior understandings or
agreements, written or oral, regarding such subject matter.
| | 11.13. |
Other Jurisdictions – We make no representation that Our
Website(s) or any of the Materials contained therein are appropriate or
available for use in other locations, and access to them from
territories where their content may be illegal or is otherwise
prohibited. Those who choose to access Our Website(s) from such
locations do so on their own initiative and are solely responsible for
determining compliance with all applicable local laws.
|
|
12. Stipulated liquidated damages:
| 12.1. |
In various provisions in this Agreement, We have outlined
liquidated damages amounts to be applied as penalties against You if You
violate these specific provisions. You specifically agree to pay these
amounts. In agreeing to pay liquidated damages, You acknowledge that
this amount is not a penalty and that the actual damages are uncertain
and difficult to ascertain, but that this amount represents the
parties’ good faith attempt to calculate an appropriate compensation
based on anticipated actual damages.
| | 12.2. |
For any breach of a portion of this Agreement that does not
specifically state a liquidated damages amount, You hereby agree that
any breach of this Agreement shall result in liquidated damages of
$5,000.00 per occurrence. You specifically agree to pay this $5,000.00
in liquidated damages.
| | 12.3. |
For any breach of this Agreement resulting in liquidated
damages owed by You, You specifically agree and We expressly reserve the
right to assign Our rights to these liquidated damages to a third party.
| | 12.4. |
If We are required to enlist the assistance of an Attorney or
other person to collect any liquidated damages or any other amount of
money from You, or if We are required to seek the assistance of an
Attorney to pursue injunctive relief against You, then You additionally
agree that You will reimburse Us for all fees incurred in order to
collect these liquidated damages or in order to seek injunctive relief
from You. You understand that even a nominal amount of damages may
require the expenditure of extensive legal fees, travel expenses, costs,
and other amounts that may dwarf the liquidated damages themselves. You
agree that You will pay all of these fees and costs..
|
|
|
|
|
| CORBIN FISHER IS A MEMBER OF THE FREE SPEECH COALITION |
|