By submitting Your credit card, check, telephone billing or other payment
information via the join page of Vivid.com and You (hereinafter also referred to as "Member" or
"Subscriber") will be deemed to have read and agreed to the following MEMBERSHIP AND SUBSCRIPTION
AGREEMENT comprising twenty-one (21) numbered sections, in addition to any terms and conditions of the
applicable credit card processing company retained by us for processing Your credit card. These Terms
and Conditions of Subscription constitute a binding agreement between You and Company, as hereinafter
defined and set forth the terms and conditions associated with a limited license granted to You to
access our content databases and receive other benefits accorded Subscribers in good standing.
Accordingly, You should thoroughly read and understand the following twenty-one (21) sections of Terms
and Conditions which will become a contract between You and Company upon clicking the applicable button
to submit Your credit card, check, telephone billing or other payment method information to Vivid.com
for approval. Upon Company approving Your credit card, check, telephone billing or other payment means
permitting You to become an active subscriber and member of Vivid.com ("Website").
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION. The parties to this Membership Agreement (the
"Agreement") are You, the Member, and Company. This website is operated jointly by Vivid
Entertainment Group, LLC.., an authorized licensee and owner of which has authority to sell
membership interests to this website. The term "Company" herein shall mean the party selling You the
membership interest to this website as reflected both on the join page (where You submit your
payment information) and the confirming email to you following your join. As used in this Agreement,
the terms "we," and "us" are used interchangeably to refer to the Company, the Website, and any
successor in interest to or licensee of Company in the ownership or operation of the Website; the
term "You" and "Your" is used to refer to You, the member and subscriber.
1.1. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, upon Your submission of Your credit card, online check or other authorized means of
payment for Your subscription, which shall constitute Your consent and agreement to these Terms and
Condition, and the proper processing of such credit card, check or other authorized payment means
for the payment of all required membership fees, the Company agrees to provide to You all the
privileges of subscription to and membership of Website including access to the Members-only
databases and other 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 at
http://vivid.com/terms/terms_splash.html, 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 that 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 acknowledgment by You of the fact that You are an adult and at least 18 years of
age or an adult of the age of majority under the laws of Your state, province or country.
2. SEXUALLY EXPLICIT MATERIAL.
2.1. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL 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 LAW OF 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.
2.2. 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, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL,
HOMOSEXUAL, AND/OR 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 FOR ENTERTAINMENT AND
EDUCATIONAL PURPOSES ONLY.
3. ACCESS AUTHORIZED TO ADULTS ONLY.
3.1. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (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. ANY
ACCESS TO THE WEBSITE OR ANY OF ITS MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO
STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND
VIOLATIONS OF OTHER LAWS.
3.2. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY
ONE (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.
4.1. In consideration of the payment of membership 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 the materials contained in the Website (hereafter "Materials")
solely for Your personal non-commercial use, during the period in which You are a Member in good
standing.
4.2. 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, per membership, and, if downloadable copies of the Materials are made
available to You by the Website, You may make only a single copy of such Materials for Your own
personal noncommercial 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 view or otherwise use the
Materials, including by sharing passwords; (b) modifying, translating, reverse engineering,
decompiling, disassembling the Materials or any feature or functionality of the Website (except to
the extent applicable laws specifically prohibit such restriction); (c) making copies or creating
derivative works based on the Materials of any kind, except as provided herein; (d) renting,
leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels
on the Materials; and, (f) making any other use of the Materials not expressly permitted herein.
4.3. 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
(see PROHIBITED AREAS below)
4.4. You hereby acknowledge that You understand that the Company (and all persons affiliated
therewith) does not authorize and strictly prohibits 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.
4.5. 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. Further any access to Materials or any
part of the Website from PROHIBITED AREAS shall constitute access to stored communications in excess
of authority granted to do so and violates Company's intellectual property rights and may violate 18
U.S.C. Sections 2510-2520 and other civil and criminal laws.
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 of Website for 3 DAYS (depending on which
payment method You are using) starting on the day You submit Your trial membership application to
Website.
7.2. You agree that if You do not send the Company notice of cancellation of Your trial membership at
least 1 DAY from the expiration of Your trial membership term, the Company shall automatically and
without further notice: convert Your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION
to Website at the standard one month membership rate; renew Your monthly membership to Website for
successive periods of one month each at the then current standard one month membership rate.
7.3. Subscription and Membership fees to Website are subject to change at any time at the sole and
absolute discretion of Company. The official standard membership rates for the Website shall be set
forth at the following link: http://secure.vivid.com/signup/signup.php. The current monthly
membership rate which will appear on Your credit card bill, will be debited from Your account,
charged to Your telephone, etc., depending Your choice of payment means.
7.4. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, 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://support.vivid.com/.
7.5. 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://support.vivid.com/. AT 1 DAY BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT
MEMBERSHIP TERM.
7.6. All cancellations received by the Company will be effective upon receipt.
7.7. 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 membership 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 membership period. You agree that if You cancel at any time after purchasing a
monthly membership to Website (e.g., 20 minutes after You sign up), You will still be charged the
full month's membership fee.
7.8. The Company may, at any time and at its sole discretion, cancel any paid trial membership or
monthly membership; provided, however, that if the Company cancels any paid membership prior to its
expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled
month's membership by automatic credit.
7.9. You hereby authorize the Company, its successors, assigns and their credit card and other
payment method processing agents to charge Your credit card (which You hereby acknowledge was
entered by You into the sign-up page) to pay for Your trial membership fee and all monthly
membership fees to Website at the then current standard membership 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.
8. TRANSFER OR ASSIGNMENT OF MEMBERSHIP.
8.1. You agree that as a Member of the Website 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. Any access to Materials by any person other than You
using Your password or other access means shall constitute access in excess of the license granted
herein and shall violate the intellectual property rights of Company and may violate civil and
criminal laws, including the Stored Communications Act.
8.2. You 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. You agree that Company may transfer Your credit card information to such assignee of this
website or a duplicate website solely for the purpose of processing any non-cancelled membership
renewals.
9. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD.
9.1. 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, its successors and assigns
and their agents, such as merchant credit card processors (e.g., Jettis, etc.) to transact such
payments on Your behalf.
9.2. Unless and until You notify Company that You wish to cancel or terminated Your Subscription to
Website, You hereby agree and authorize Company and its designated agents, successors and assignees
to automatically renew Your subscription to Website on a continuing monthly basis and to charge Your
credit card (or transact other approved payment methods and facilities) to pay for the ongoing cost
of Your subscription. You hereby further authorize Company or its successors, designated agents and
assignees to charge Your credit card (or other approved payment methods and facilities) for any and
all purchases of products, services and entertainment provided to You by Website. You expressly
agree that the authorization to charge Your credit card herein is extended to authorize any of
Company's processing agents, successors in interest or any licensees of Company to charge Your
credit card for membership access to the Website and for other goods or services which You purchase
at or in connection with the Website in accordance with these Terms and Conditions during the period
that any such party processes for Company, sells access to, or operates the Website.
9.3. You further agree that as a Member, 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 located at http://vivid.com/support.
9.4. 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.
9.5. You further acknowledge and agree that You will remain liable to the Company for any
unauthorized use of the Website associated with Your Membership after the termination of this
Agreement.
10. TERMINATION OF MEMBERSHIP. Either Company or Member may terminate at any time, and without cause,
membership to the Website, 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. Any
sharing of passwords or any other methods of unauthorized access to the Website with any other
person is strictly forbidden. Any such password sharing exceeds the authority granted to You to
access the Materials, violates the intellectual property rights of the Company, and may violate
civil and criminal laws, including the Stored Communications Act.
12. NO WARRANTIES; LIMITATIONS ON COMPANY'S LIABILITY.
12.1. 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.
12.2. 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 Company does not screen or endorse websites, products
or content offered in advertisements or communications linked, submitted or pertaining 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 Company does not control the content of any
information, messages, communication or other materials posted or uploaded by users of the Website,
and that You release Company 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.
14.1. If the Company should, at any time, provide any service which enables Members to communicate
with or otherwise share information with other Members, persons providing any kind of service to
Members, or any other person, 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. Company does not and will not assume any obligation to monitor
any such communication means.
14.2. 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) and may be subject to disclosure to applicable governmental authorities in accordance
with applicable law.
16. TRADEMARK AND SERVICE MARK. The name of this website is a service mark of or under license to
Company. No use of this mark shall be permitted except through the prior written authorization and
permission of Company or the licensor of the mark. All rights reserved.
17. 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
[email protected].
18. 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.
19. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and
construed under the laws of the State of CALIFORNIA and the United States as applied to agreements
between California 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. Any disputes arising under this Agreement
shall be resolved by arbitration.
20. 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. Failure of the Company to enforce any provision shall not be deemed to be a waiver of
any rights to enforce any provision.
21. 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.
Agreement form © 2002 Gregory A. Piccionelli and Robert A. Sarno. Used by Company with
permission of copyright owners. All rights reserved.