May 17, 2010
Acceptance of Terms
By using the Sites, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all the Terms, please do not use the Sites. We reserve the right to modify or update these Terms at any time without providing notice. Any modifications or revisions to the Terms shall be effective upon being posted on the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Sites.
The Sites and its contents, including, but not limited to text, photographs, graphics, illustrations, video, sound, and other material are protected under United States and international copyright laws and are the property of Aumnia or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Sites are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Aumnia or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting The Sites and it contents or any Marks in any form without the express written consent of Aumnia is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Sites are intended solely for the personal, noncommercial use by the users of our Sites. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on the Sites, (ii) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Sites or create a link to the Sites accessing such content, materials or element without Aumnia’s prior written consent, or (iii) use any circumvention tools or any meta tags or other hidden text utilizing Aumnia’s name, trademark, URL or the name of any of the Sites without Aumnia’s prior written consent.
Use of the Services
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Sites. You understand that all data, information, text, images, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, on the Sites are the sole responsibility of the person posting or transmitting such Content. You acknowledge that we may or may not pre-screen Content, and that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available via the Sites. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You must not transmit any Comments to or through the Sites that you consider to be confidential or proprietary. Any Comments that you transmit to or through the Sites will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. You grant us and our affiliates a perpetual, irrevocable worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights. You further agree that we have the right to use, without any payment or accounting to you or others, any Comments that you (and those who act on your behalf) transmit to or through the Sites.
The Sites contain links to other Internet websites and resources. We provide the links as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by us of such websites or any content contained therein. You acknowledge and agree that we are not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources.
You agree to defend, indemnify and hold Aumnia and its licensors and marketing partners, together with their respective employees, agents, directors, officers and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Sites, (ii) your breach or alleged breach of these Terms, or (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites.
The Sites are provided on an “as is” and “as available” basis without any warranty or condition, express or implied, to the full extent permissible under applicable law. Aumnia specifically disclaims all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties shall be implied by any course of dealing or course of performance.
Aumnia does not warrant that the Sites or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Sites or the server that makes it available are free of viruses or other harmful components. All information on the Sites is subject to change without notice.
Limitation of Liability
In no event shall Aumnia and its licensors, together with their respective employees, agents, directors, officers and shareholders, be liable with respect to any subject matter for these Terms, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or mobile device, or any special, incidental, indirect or consequential damages, even if Aumnia has been advised of the possibility of such damages, or (ii) the cost of procuring substitute goods, services or technology, to the full extent permissible under applicable law. Aumnia’s aggregate liability to you or any third party in any circumstance shall not exceed one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations included in the Disclaimers and Limitation of Liability may not apply to you.
These Terms constitute the entire agreement between you and Aumnia with respect to your access and use of the Sites and supersede all prior and contemporaneous agreements between you and Aumnia. If any of these Terms is found by a court of competent jurisdiction to be invalid and unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Aumnia’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms shall be the laws of the State of California, and applicable federal law, without any regard to any conflicts of law provisions.
2310 E. Ponderosa Drive, Suite 23
Camarillo, CA 93010
If you are unable to resolve a complaint you may have regarding the Sites, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.