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Terms of service

(Effective Date May 19, 2010)

This website, including any subsite accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of Bazzaz, Inc. ("Bazzaz"). When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below.

As contained herein, "you" and "your" refer to all visitors and their agents ("Visitors") (unless the context requires otherwise) and "we" "our" and "us" refer collectively to Bazzaz.

The Terms herein below explain our obligations to you, as well as your obligations to us in relations to the use of this Site.

YOUR RIGHT TO USE THE SITE AND ITS CONTENTS

This Site is for your personal, non-commercial use only. All other use of this Site requires the prior written consent of Bazzaz. You may not copy, download, distribute, exchange, modify, publish, sell, transmit, license, use, reuse, or create derivative works of anything you copy from this Site, including but not limited to any text, images, audio, and video, for any purpose whatsoever without the written consent of Bazzaz and/or the consent of any third party Bazzaz deems necessary.

You may not access or use this Site in any way that could or is intended to damage or impair the operation of this Site, or any content of or material displayed on this Site, or any server or network underlying this Site, or interferes with anyone else's use and enjoyment of this Site;

You may not access or attempt to access any data, information, system, or servers on which this Site is hosted or modify or alter this Site in any way;

You may not link to, frame or otherwise, reproduce this Site without our prior consent, except that you may identify Bazzaz products by name or link to this Site if you are an authorized Bazzaz Dealer.

INTELLECTUAL PROPERTY

The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Bazzaz and are protected by copyright, trademark and other intellectual property laws. By making the Materials available on this Site, Bazzaz is not granting you any license to utilize the Materials. Any unauthorized use of the Materials may violate state and/or federal copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Bazzaz's sole discretion.

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

Bazzaz reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site's operation, or portions thereof, without notice to you.

CHANGE TO THESE TERMS AND CONDITIONS

Bazzaz may add to, change, or remove any part of these Terms and Conditions of Use at any time at its sole discretion, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Accordingly Visitors should visit this is page from time to time to review all updated Terms.

DOWNLOADS FROM THIS SITE

When you download any content from this Site, you understand that it is owned by Bazzaz, its affiliate and/or licensors, as applicable, and protected by intellectual property laws. Bazzaz hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use this object code version of the Download(s) on your own computer that is compatible solely for your own personal non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). No downloads should be depicted on any merchandise of any kind. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Bazzaz' or this Page's operations or the Service. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAGE AND/OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS PAGE, THE SERVICE AND/OR DOWNLOAD(S), YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

THIRD PARTY LINKS

This Site may contain links to other Internet sites on the World Wide Web, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. Bazzaz provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Such Third Party Sites and third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by Bazzaz, and Bazzaz is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Links from this Site to any other website do not mean that Bazzaz approves of, endorses, or recommends that website or any of the content available on that website. Bazzaz disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Application, Software or Content, you do so at your own risk and you should be aware that Bazzaz's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Bazzaz may also make available or provide access to products and services of Third Parties. Such products or services shall be purchased and/or obtained directly from such Third Party. BAZZAZ SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES. BAZZAZ SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE LINKED TO THIS SITE, AND THE FACT SUCH LINKS ARE PROVIDED ON THIS SITE DOES NOT INDICATE BAZZAZ'S APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.

INDEMNITY

You agree to defend, indemnify and hold harmless Bazzaz, its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collective, "Bazzaz Parties"), from and against any claims, actions, liabilities, demands, damages and expenses (including without limitation reasonable attorneys fees and costs) and accounting fees, alleging, arising or resulting from your use of this Site, your breach or alleged breach of these Terms or your breach or your alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.

Disclaimer of Warranties

This Site and its Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. Other than any warranty required by law (if any), Bazzaz disclaims any other warranty, express or implied, including but not by way of limitation, the warranties of merchantability and fitness for any particular purpose.

You understand and agree that your use of the Site is solely at your own risk and that you will be solely responsible for any damage to your computer or mobile device or any other equipment or loss of data that may result from your use of this Site.

Bazzaz makes no warranties that this Site or any material obtained through herein will meet your requirements, or that this Site will be uninterrupted, timely, secure, non-infringing or error free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Site. No advice or information, whether oral or written, obtained by you from Bazzaz or through this Site shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any errors or omissions in the content of this Site. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this Site is non-infringing of any rights of any third party.

Any decision or action taken by you on the basis of information or content provided on this site is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on this Site.

LIMITATION OF LIABILITY

Except in jurisdictions where such provisions are restricted, you agree that Bazzaz's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service provided under these Terms of Use and/or for any breach of these Terms is solely limited to the amount fifty cents ($.50). Except in jurisdictions where such provisions are restricted, Bazzaz parties and their licensors and contractors (including any third parties providing all or part of the service) (collectively, "released parties") shall not be liable for any indirect, incidental, special or consequential damages even if the released parties have been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such states.

RELEASE OF LIABILITY

You hereby release, discharge, indemnify and hold harmless each of the released parties from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your use of this Site.

GOVERNING LAW

All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California, without respect to its conflict of laws principles. By using the Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Site shall be either any state court for or within Los Angeles County in the State of California and the United States District Court for the Central District of California. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such court has been brought in an inconvenient form.

MISCELLANEOUS

Notices And Announcements: Except as expressly provided otherwise herein, all notices to Bazzaz shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Bazzaz, Inc.

Legal Department

15330 Fairfield Ranch Road, Suite E

Chino Hills, CA 91709

Severability: If any provision of these Terms of Use are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and Bazzaz regarding this Site and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.

Waiver: The remedies of Bazzaz set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by Bazzaz, at any time or from time to time, to enforce any of its rights under these Terms shall not constitute a waiver of such right.

 

Section Headings: The section headings used herein are for convenience only and shall not be given any legal import.

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