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PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users
of this site agree that access to and use of this
site are subject to the following terms and conditions
and other applicable law. If you do not agree to
these terms and conditions, please do not use this
site.
01. Copyright
The entire content of this site, (meaning: images, video, code, and even text)
is copyrighted as a collective work under the United States and other copyright
laws, and is the property of hsssurf.com or by a third party who has liscened
materials to hsssurf.com. Copyright 2007, hsssurf.com ALL RIGHTS RESERVED. Permission
is granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with hsssurf.com or purchasing products.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with hsssurf.com or to purchase products. Any other use, including
but not limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by hsssurf.com.
You further agree not to change or delete any proprietary notices from materials
downloaded from the site.
02. Trademarks
All trademarks, service marks and trade names of hsssurf.com and third party
affiliates used in the site are trademarks or registered trademarks of hsssurf.com
or third party affiliates.
03. Warranty Disclaimer
This site and the materials and products on this
site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, hsssurf.com disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. hsssurf.com does not
represent or warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
hsssurf.com does not make any warrantees or representations regarding the use
of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to you.
04. Limitation of Liability
hsssurf.com shall not be liable for any special
or consequential damages that result from the use
of, or the inability to use, the materials on this
site or the performance of the products, even if
hsssurf.com has been advised of the possibility
of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental
or consequential damages, so the above limitation
or exclusion may not apply to you.
05. Typographical Errors
In the event that a product is mistakenly listed
at an incorrect price, hsssurf.com reserves the
right to refuse or cancel any orders placed for
product listed at the incorrect price. hsssurf.com
reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order
is cancelled, hsssurf.com shall issue a credit to your credit card account in
the amount of the incorrect price.
06. Term; Termination
These terms and conditions are applicable to you
upon your accessing the site and/or completing
the registration or shopping process. These terms
and conditions, or any part of them, may be terminated
by hsssurf.com.com without notice at any time,
for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive
any termination.
07. Notice
hsssurf.com may deliver notice to you by means
of e-mail, a general notice on the site, or by
other reliable method to the address you have provided
to hsssurf.com.
08. Miscellaneous
Your use of this site shall be governed in all
respects by the laws of the state of California,
U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts
for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating
to this site (including but not limited to the
purchase of hsssurf.com products) shall be in the
state or federal courts located in Los Angeles
County, California. Any cause of action or claim
you may have with respect to the site (including
but not limited to the purchase of hsssurf.com
products) must be commenced within one (1) year
after the claim or cause of action arises. hsssurf.com's
failure to insist upon or enforce strict performance
of any provision of these terms and conditions
shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. hsssurf.com may assign
its rights and duties under this Agreement to any party at any time without notice
to you.
09. Use of Site
Harassment in any manner or form on the site, including
via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation
of others, including a hsssurf.com or other licensed
employee, host, or representative, as well as other
members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise
publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any other commercial
online service or other organization.
10. Participation Disclaimer
hsssurf.com does not and cannot review all communications
and materials posted to or created by users accessing
the site, and is not in any manner responsible
for the content of these communications and materials.
You acknowledge that by providing you with the
ability to view and distribute user-generated content
on the site, hsssurf.com is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, hsssurf.com reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to hsssurf.com in its sole discretion.
11. Indemnification
You agree to indemnify, defend, and hold harmless
hsssurf.com, its officers, directors, employees,
agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
12. Third-Party Links
In an attempt to provide increased value to our
visitors, hsssurf.com may link to sites operated
by third parties. However, even if the third party
is affiliated with hsssurf.com, hsssurf.com has
no control over these linked sites, all of which
have separate privacy and data collection practices,
independent of hsssurf.com. These linked sites
are only for your convenience and therefore you
access them at your own risk. Nonetheless, hsssurf.com
seeks to protect the integrity of its web site
and the links placed upon it and therefore requests
any feedback on not only its own site, but for
sites it links to as well (including if a specific
link does not work). |
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