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You must
read and agree to the terms and conditions of this Membership Agreement before
You can become an active member of this website. Please
read each of these terms and conditions carefully.
1. PARTIES
TO THIS AGREEMENT AND CONSIDERATION. The parties to this Membership
Agreement (the “Agreement”) are You, the Member, and ROOKIE BABE.
(the "Company"). As used in this Agreement, the terms "we"
and "us" are used interchangeably to refer to the Company and the
Website; the term "You" and "Your" is used to refer to
You, the member and subscriber.
- 1.1 - Subject to Your
acceptance of the terms and conditions set forth in this Agreement (as evidenced
by your submission of an application for membership) and the payment of all
required membership fees, the Company agrees to provide to You all the privileges
of Membership including access to the Members-only materials at the Website
which are available to a Member in good standing.
1.2 - You agree that this
Agreement is subject to change by the Company at any time and changes shall
become effective upon notice to Members by e-mail, posting at or via hyperlink
to the Website, or by mail. You may not alter, delete, add or change or edit
any of these terms and conditions, and any such attempted alteration shall
be void and of no effect.
1.3 - You agree Any action
on Your part to Bookmark to a page on this Website whereby the Warning Page,
the Age Verification Page, and/or the Terms and Conditions of Membership Page
is bypassed shall constitute an implicit acceptance by You of all the Terms
and Conditions set forth herein as well as an explicit acknowledgement by
You of the fact that You are an adult and at least 18 years of age or of the
age of majority under the laws of Your state, province or country.
2. SEXUALLY
EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED
AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE
OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN
YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS
ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN THE WEBSITE.
- 2.1 YOU HEREBY ACKNOWLEDGE
AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT,
AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION,
HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT
SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU
ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND
CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND
KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL
VIEWING.
3. AGE OF MAJORITY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN JURISDICTIONS
WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY
VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT, IN OR THROUGH THE WEBSITE.
- 3.1 YOU HEREBY FURTHER
AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS
(TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY)
AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS
AGREEMENT.
4. GRANT OF LIMITED LICENSE
WITH RESERVATIONS. In consideration of the payment of subscription
fees, together with certain representations and agreements made by You under
the terms and conditions of this Agreement, and subject to the terms and conditions
set forth in this Agreement, the Company hereby grants You a limited, nonexclusive
and nontransferable license to use Material, as provided by the Company during
the period in which You are a subscriber in good standing.
- 4.1-
You acknowledge and agree that all materials contained at the Website are
proprietary and constitute valuable intellectual property owned by the Company
or others who have licensed use of such materials to the Company. You acknowledge
and agree that as such You may access, view, download, receive and otherwise
use the materials available at the Website only as specifically authorized
by the Company and in accordance with the terms and conditions of Your membership,
only on one computer at a time and, if downloadable copies of the Material
are made available to You by the Website, You may make only a single copy
of such Materials for Your own personal use and enjoyment. You further
acknowledge that the Company specifically prohibits you from doing any of
the following acts, and you agree not to do any of these prohibited acts:
(a) permitting other individuals
to directly or indirectly use the Material;
- (b) modifying, translating,
reverse engineering, decompiling, disassembling the Material (except to the
extent applicable laws specifically prohibit such restriction);
- (c) making copies or
creating derivative works based on the Material, except as provided herein;
- (d) renting, leasing,
or transferring any rights in the Material;
- (e) removing any proprietary
notices or labels on the Material; and,
- (f) making any other
use of the Material not expressly permitted herein.
4.2 - You further represent
and warrant to the Company that your agreement to these terms and conditions
constitutes an agreement that You shall not access, or attempt to access,
any materials available at the Website in a manner not expressly authorized
by the Company. You agree and warrant that You shall at no time access, view,
download, receive or otherwise use, or cause or enable others to access, view,
download, receive or otherwise use materials, directly or indirectly in places
which the Company does not authorize such access, viewing, downloading, receipt
or other use.
4.3 - You hereby acknowledge
that you understand that the Company (and all persons affiliated therewith)
does not authorize the accessing, viewing, downloading, duplication, receiving,
transmission, broadcasting or other use of the materials contained on the
Website to or by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS.
4.4 - You further acknowledge
that you understand and agree that any and all unauthorized access, viewing,
downloading, receipt, duplication or other use of materials from the Website,
in which You are directly or indirectly involved, including, but not limited
to accessing, viewing, downloading, receiving or other use of materials in
PROHIBITED AREAS in any manner shall constitute intentional infringement(s)
of the Company's and potentially others' intellectual property rights and
other rights in such materials and shall further constitute a violation of
Company's trademark and other rights, including, but not limited to, rights
of privacy.
5 - PROHIBITED AREAS.
All of the following areas constitute PROHIBITED AREAS from which no part of
the Website may be accessed, viewed, downloaded or otherwise received:
- 5.1 - All parts of the
following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan,
Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The
United Arab Emirates; and
- 5.2 - All parts of every
other geophysical place corresponding to a political entity or part thereof
in which the access, viewing, downloading, dissemination of, or other use
of the materials contained in the Website would constitute a violation of
any law, regulation, rule or custom.
6 - INDEMNIFICATION FOR
UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable
and fully indemnify the Company and its successors and assigns for any and all
damages directly, indirectly and/or consequentially resulting from any attempted
or actual unauthorized downloading or other duplication of materials from the
Website by You alone, or with, or under the authority of, any other person(s),
including, without limitation, any governmental agency(ies), wherein such damages
include, without limitation, all direct and consequential damages directly or
indirectly resulting from unauthorized downloading of materials from the Website.
7 - TRIAL AND MONTHLY
MEMBERSHIPS; FEES; CANCELLATION. By accepting the trial membership
to Website and by accessing the content of Website you authorize the charges
set forth below and agree to the following terms and conditions:
- 7.1 - Your trial membership
will entitle you full access to every section of Website for THREE DAYS starting
on the day you submit your trial membership application to Website.
7.2 - If you do not send
the Company notice of your cancellation of your trial membership within THREE
DAYS from the day you you submit your trial membership application to Website,
then the Company may reasonably conclude that you’re satisfied with the content
of the Website and that you wish to convert your trial membership status to
a full standard monthly membership.
7.3 - You agree that if
you do not send the Company notice of your cancellation of your trial membership
within THREE DAYS from the day you submit your trial membership application
to Website that the company shall:
(i) convert
your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to RookieBabe
at the rate of $19.95, per month;
- (ii) automatically
and without further notice continue to renew your monthly subscription to
RookieBabe for successive periods of approximately 1 month each at the rate of
$19.95, per month, or at the then applicable monthly membership rates.
7.4 - TO CANCEL AUTOMATIC
RENEWAL AT THE END OF THE PAID TRAIL SUBSCRIPTION, YOU MUST NOTIFY THE COMPANY
AT LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING
THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL
ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT: http://www.rookiebabe.com/contact.php
7.5 - Unless and until
you notify Company that you wish to cancel or terminate your Monthly Subscription
to Website, You hereby agree and authorize Company or its designated agent
or assignee to automatically renew your subscription to Website on a continuing
monthly basis and to charge Your credit card (or other approved facility)
at the rate of $24.95 per month.
7.6 - TO CANCEL YOUR MONTHLY
MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE,
OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING
ADDRESS AS PROVIDED AT: http://www.rookiebabe.com/contact.php AT LEAST 72 HOURS
BEFORE THE LAST CALENDAR DAY OF THE TERM OF THE TERM OF YOUR THEN-CURRENT
SUBSCRIPTION TO THE WEBSITE.
7.7 - The Company may,
at any time and at its sole discretion, cancel any paid Trial Membership or
Monthly Membership.
7.8 - All cancellations
received by the Company will be effective upon receipt.
7.9 - You hereby acknowledge
and agree that if You cancel Your Monthly Membership, or if Your membership
is cancelled by the Company, Your username and password will be removed from
the system at the end of the then current Monthly Subscription period and
that You will be entitled to receive the full benefits of Your Monthly Membership
until the end of such period. You shall not be entitled to any pro-rated or
partial refund if You cancel Your Monthly Membership before the end of the
then current Monthly Subscription Period. You agree that if you cancel at
any time after purchasing a Monthly Subscription to Website (e.g., 20 minutes
after you sign up), You will still be charged for the full Monthly Subscription
period.
7.10 - You hereby authorize
the Company to charge Your credit card (which You hereby acknowledge was entered
by You into the sign-up page) to pay for the ongoing Subscription Fees to
Website at the then current Subscription Rate. You further authorize the Company
to charge Your credit card for any and all purchases of products, services
and entertainment available through, at, in or on, or provided by, Website
You agree to be personally liable for all charges incurred by You during or
through the use of Website. Your liability for such charges shall continue
after termination of Your membership.
7.11 - All charges to Your
credit card or debit card for the paid Trial Subscription and/or the Monthly
Membership, under the terms and conditions of this Agreement, will be made
in advance by automatic credit card or debit card debit and you hereby authorize
the Company and its agents to process such transactions on Your behalf.
7.12 - Subscription fees
to Website are subject to change at the sole and absolute discretion of Company,
however you will be notified of any change in subscription fees and will have
THREE days after notice to you by Company to cancel or terminate your subscription
to the Website.
8 - TRANSFER OR ASSIGNMENT
OF MEMBERSHIP. You agree that as a Member you shall not, under any circumstances,
have the right to transfer or assign your membership to any other person or
entity, and that any attempted transfer or assignment of a membership shall
be void.
- 8.1. - Your further agree
that the Company, may at any time at its sole discretion and without prior
notice to you, transfer or assign Your membership in the Website to an affiliated
or non-affiliated Company.
9 - PAYMENT AUTHORIZATION/
NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD. Payment for
the services provided to You at, and/or through Website may be made by automatic
credit card debit or via online checks and You hereby authorize Company and
its agents to transact such payments on Your behalf.
- 9.1 - Unless and until
you notify Company that you wish to cancel or terminated your Subscription
to Website, You hereby agree and authorize Company or its designated agent
or assignee to automatically renew your subscription to Website on a continuing
monthly basis and to charge Your credit card (or other approved facility)
to pay for the ongoing cost of your subscription. You hereby further authorize
Company or its designated agent or assignee to charge Your credit card (or
other approved facility) for any and all purchases of products, services and
entertainment provided to You by Website.
9.2 - You further agree
that as a Subscriber, You must promptly inform Company of any and all the
following: loss or theft of the credit card used to pay for Membership to
Website or other goods or services obtained in, at or through Website; changes
in the expiration date of the credit card; changes in home or billing address;
apparent breaches of security regarding Your Membership, such as loss, theft,
unauthorized disclosure or use of an ID or password; and all other changes
pertaining to Your credit card account used to pay for services pursuant to
this Agreement which may affect Company's ability to expeditiously obtain
payments due to Company. You agree that You will remain liable for any unauthorized
use of Website or any of its services associated with your Membership, until
You have notified Company’s Customer Service by electronic mail at support@rookiebabe.com
or by conventional mail at 11301 Olympic Blvd. #441, Los Angeles, CA 90064.
9.3 - You hereby agree
that any fraudulent reporting of a lost or stolen credit card used to obtain
goods or services from Website or any fraudulent reporting of an unauthorized
charge to Website on Your credit card which has been made by You or anyone
under Your authority, at a time when a charge or other obligation for payment
for goods and/or services to Website remains outstanding at the time of such
fraudulent reporting, You shall be liable to the Company for liquidated damages
of $25,000.00. The liability for liquidated damages specified in this Paragraph
shall not limit any other liability You may have for breach(es) of any other
terms, conditions, promises and warranties set forth in this Agreement.
9.4 - You further acknowledge
and agree that You will remain liable to the Company for any unauthorized
use of the Website associated with Your Membership.
10 - TERMINATION OF MEMBERSHIP.
Membership to the Website may be terminated at any time, and without cause,
by either Company or Member, subject to the cancellation policy and procedures
set forth in this Agreement. Your liability for all charges incurred during
Your Membership term shall continue after termination, for any reason, of Your
membership..
11 - PASSWORD SECURITY. Members
are responsible for providing all personal computer and communications equipment
necessary to gain access to the Website. Access to and use of the Website is
through the use of a password. Each Member must keep his password strictly confidential
and You agree that if You share Your unique Login name and/or Your Password
with another individual that Your access to the Website is subject to immediate
termination without notice or reimbursement of any kind.
12 - NO WARRANTIES;
LIMITATIONS ON COMPANY’S LIABILITY. YOU HEREBY AGREE THAT THE MATERIAL,
AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR
SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES
PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY
OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO
YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE
COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL
SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO
CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES,
RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR
SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE
OF MATERIALS OR OTHER USE OF THE WEBSITE.
- 12.1 - ANY LIABILITY
OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER
TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD,
AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING,
FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL,
DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
13 - NO SCREENING OF
THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
- 13.1 - You acknowledge
that You understand that we do screen or endorse advertisements or communications
submitted to the Website by third-party licensees, advertisers, or Members
for electronic dissemination through the Website, nor do we have any editorial
control or supervision over such content. Members are therefore advised to
use their own judgment to evaluate all advertisements and other communications
available at or through the use of the Website prior to purchasing goods and/or
services described at the Website or otherwise responding to any communication
at the Website.
13.2 - You further acknowledge
that You understand that we do not control the content of any information,
messages, communication or other materials posted or uploaded by users of
the Website, and that You release us from any and all liability and responsibility
in connection with the content of any information, messages, communication
or other materials You may receive from other users of the Website.
14 - RESTRICTIONS ON
MEMBERS’ COMMUNICATIONS; MEMBER LIABILITY. If the Company should, at any
time, provide any service which enables Subscribers to communicate with or otherwise
share information with other Subscribers or persons providing any kind of service
to Subscribers, or post information at, in or on the Website, You agree not
to post, submit, publish, display, disseminate, or otherwise communicate, while
connected to, or otherwise directly or indirectly using the Website or other
services provided to You by the Company, any defamatory, obscene, pornographic,
profane, inaccurate, abusive, threatening, offensive, or illegal material, or
any material which would violate or infringe the copyright, trademark, rights
of publicity, privacy rights or other rights of any person or entity. Transmission
of such material or any material that violates any federal, state, or local
law in the United States or anywhere else in the world, is strictly prohibited
and shall constitute a material breach of this Agreement entitling the Company
to immediately terminate all rights to access the Website without notice or
reimbursement. You agree that You are solely responsible for all information
which you submit, publish, display, disseminate or otherwise communicate through
the Website, even if a claim should arise after termination of service.
- 14.1 - You acknowledge
and agree that You, and not the Company, shall be solely responsible and liable
for all damages, liability or other consequences, foreseen or unforeseen,
of all information which You submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for damages or liability should
arise after termination of service.
15 - COMMUNICATIONS IN
CHAT ROOM OR PUBLIC AREAS NOT PRIVATE You further acknowledge and agree
that all messages or content posted by You or others in any Chat rooms or public
areas of the Website shall be deemed to be readily accessible to the general
public and consequently should not be considered private or confidential. Notice
is hereby given that all messages entered into this Website can and may be
read by the operators of the Site, whether or not they are the intended recipient(s).
16 - TRADEMARK AND SERVICE
MARK. this website is a service mark of ROOKIE BABE.
No use of this mark shall be permitted except through the prior written authorization
and permission of ROOKIE BABE. All rights reserved.
17 - LIABILITY OF MEMBERS
FOR INFORMATION THEY POST. If the Company should at any time provide any
service which enables Members to communicate with or otherwise share information
with other Members or persons providing any kind or service to Members, or post
information at, in or on the Website, You agree and warrant that you shall not
post, submit, publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material or any material
which would violate or infringe the copyright, trademark, rights of publicity,
privacy rights or other rights of any person while connected to or otherwise
directly or indirectly using the Website or other services provided to You by
Company.
- 17.1 - You acknowledge
and agree that You, and not the Company, shall be solely responsible and liable
for all damages, liability or other consequences, foreseen or unforeseen,
of all information which You submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for damages or liability should
arise after termination of service.
18 - NOTICES TO COMPANY
OR MEMBERS. Notices from the Website to Members may be given by means
of electronic messages, by general posting on the Website, or by conventional
mail. Communications from You to the Company may be made by electronic messages
or conventional mail, unless otherwise specified in the Agreement.
- All notices to the company
shall be sent by electronic mail to support@rookiebabe.com or by conventional mail
to 11301 Olympic Blvd. #441, Los Angeles, CA 90064.
19 - ENTIRE AGREEMENT. This
Agreement contains the entire agreement between the Member and Company regarding
Members' use of the Website, and all materials directly and indirectly related
thereto. This Agreement supersedes all prior written and oral understandings,
writings, and representations and may only be amended upon notice by Company.
20 - VENUE AND JURISDICTION,
CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed
under the laws of the State of Nevada and the United States as applied to agreements
between Nevada state residents entered into and to be performed within the State
of California, except as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded.
- 20.1 Any and all disputes
as to the interpretation of or any performance under these Terms and Conditions
which are not first resolved informally, shall be determined by binding arbitration
in Los Angeles, California, in accordance with the rules of the American Arbitration
Association. The final award in any such arbitration proceeding shall be
subject to entry as a judgment by any court of competent jurisdiction, provided
that such judgment does not conflict with the terms and provisions hereof.
The jurisdiction of the arbiter (or arbiters) with respect to legal matters
shall be limited only by the statutory and common law of the State of California
and the United States.
21 - UNENFORCEABILITY
OF PROVISIONS. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary
to make it enforceable.
22 - AFFIRMATION OF AGREEMENT.
You hereby acknowledge and affirm that you have read this entire agreement and
that you AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW
and by authorizing the use of your credit card for payment of charges and fees
for you maintaining a membership to the Website and for any other charges which
you may incur for goods or services ordered at or in association with the Website.
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