Welcome to the Internet site of San Diego Online. These Terms and Conditions apply to all San Diego Online Internet sites which reference these Terms and Conditions, including info. By using a San Diego Online Site, or any of the products or services (collectively the "Services") available on a San Diego Online, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular San Diego Online Site or Service, all as may be modified by San Diego Online from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use a San Diego Online Site or any of the Services on a San Diego Online Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a San Diego Online Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Restrictions on use of materials
All material, information and content (collectively "Contesnt") available on a San Diego Online Site, including the manner in which such Content is presented, and the Services are: Copyright 2007 San Diego Online, its affiliates and/or licensors. All rights reserved. Such Content is protected by American and worldwide copyright laws and treaty provisions. San Diego Online grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a San Diego Online Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
San Diego Online and all associated designs and logos are trademarks of San Diego Online, used under license. All other product, brand and company names and logos used or mentioned on a San Diego Online Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a San Diego Online Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
Reponsibility od minors
In cases where you have authorized a minor to use a San Diego Online Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of a San Diego Online Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a San Diego Online Site may contain material that is inappropriate for minors.
Forums and content submissins
By uploading materials to any chat board or forum available on a San Diego Online Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on a San Diego Online Site, you automatically grant (or warrant that the owner of such materials expressly grants) San Diego Online a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. San Diego Online cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that San Diego Online reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
In consideration of the availability, and your use, of a San Diego Online Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such San Diego Online Site or Service. You acknowledge that San Diego Online may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a San Diego Online Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a San Diego Online Site, any of the Services, or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component
Disclaimer of Warranties
Your use of, and reliance on, any advice or information obtained from or througn this website is at your own risk. All content including software, products, services, information, text and related graphics contained whithin or available trough this website are provided to you on an "as is" "as available" basis. We make no representation or warranties of any kind, either express or implied, as to the operation of this website or the information, content or materials included on this website. To the fullest extent permissible pursuant to applicable law, we disclaim all representations and warranties of any kind, either express or implied, including, but limited to, the implied warranties of merchatability or satisfactory quality, fitness for a particular purpose, workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not or make any representations that this website will operate error-free or uninterrupted, that defects will be corrected, or that this website and-or its server will be free of viruses and-or other harmful components. We do not warrant or make anu representations regarding suitability, availability, accurancy, reliability, completeness, or timeliness of any material of any kind contained within this website for any purpose. We are not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission of receipt of ticket orders or interactive services, or any computer virus or other technical defect, whether human or technical in nature.
Professional information disclaimer
The San Diego Online Sites make available certain information provided by third parties related to various professional fields (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a San Diego Online Site does not replace consultations with a qualified other relevant professionals. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that San Diego Online, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Financial information disclaimer
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available San Diego Online through a San Diego Online Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by San Diego Online; and (c) not necessarily reflective of the views or policy of San Diego Online, including the publisher, contributors and staff of, and advertisers on, a San Diego Online Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by San Diego Online. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. San Diego Online DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that San Diego Online or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a San Diego Online Site. The views and opinions expressed on a San Diego Online Site are not intended to constitute a description of securities bought, sold, or held on behalf of San Diego Online nor an indication by San Diego Online of any intention to buy, sell, or hold any security.
Disclaimer regarding search content
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through a San Diego Online Site's search services are protected by copyright and/or other intellectual property laws. San Diego Online does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a San Diego Online Site, all of the Multimedia Content contained on such sites is owned and served by entities other than San Diego Online. San Diego Online provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a San Diego Online Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
San Diego Online reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of a San Diego Online Site and any of the Services immediately. Your continued use of a San Diego Online Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, San Diego Online reserves the right to change, modify, suspend or discontinue any aspect of a San Diego Online Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
CONTENT LINKED TO A San Diego Online SITE
Please exercise discretion while browsing the Internet. Please note that certain links on a San Diego Online Site may take you to other websites. San Diego Online provides these links only as a convenience and not as an endorsement by San Diego Online. These linked sites are not necessarily under the control of San Diego Online. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements San Diego Online is not responsible for the content of any such linked sites or any other web page which is not part of a San Diego Online Site and under San Diego Onlines’ control. Unless otherwise expressly provided, San Diego Online makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that San Diego Online will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a San Diego Online Site.
Dealings whit third parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a San Diego Online Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. San Diego Online assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that San Diego Online shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to indemnify, defend, and hold harmless San Diego Online, its affiliates, their subsidiaries, agents, contributors, distributors and affiliates, and their officers, directors and employees from and against any and all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any provision of this Agreement, any additional terms, the Privacy Statement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Web site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will provide us with such cooperation as is reasonably requested by us.
Limitation of liability
In no event shall San Diego Online, their subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Web site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Web site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Web site or any information, software, products, services, and related graphics obtained through this Web site; (vi) any transactions entered into through this Web site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Web site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Web site and our Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
You expressly acknowledge that San Diego Online has entered into this agreement, and has and will make a San Diego Online Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and San Diego Online. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
Governing law/jurisdictional issues
All San Diego Online Sites and Services are controlled, operated and administered by San Diego Online from its offices within The United States of America. San Diego Online makes no representation or warranty that a San Diego Online Site or any of the Services are appropriate or available for use at any locations outside The United States of America. If you access a San Diego Online Site from outside of The United States of America, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a San Diego Online Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in The United States of America, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of The United States of America and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Arbitration and actions
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any San Diego Online Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in The United States of America in English. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in The United States of America and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
If you are dissatisfied with a San Diego Online Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of San Diego Online in operating a San Diego Online Site or any of the Services, your sole and exclusive remedy is to discontinue using a San Diego Online Site or any of the Services.
Submission of ideas and/or suggestions
San Diego Online is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO San Diego Online BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO San Diego Online, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO San Diego Online THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT Mexico Injustice IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY San Diego Online, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between San Diego Online and you pertaining to your use of a San Diego Online Site, Services and Content and supercede any prior agreements between you and San Diego Online with respect to the subject matter hereof. San Diego Online’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
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