Terms of Use

Effective October 2013

ACKNOWLEDGEMENT AND BINDING EFFECT

BY USING OR ACCESSING THE SITE (“THE SITE”) OR ANY SERVICES PROVIDED BY NADER KHAGHANI (“COMPANY”) IN CONNECTION WITH THE SITE (“THE SERVICES”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. The Company may amend these Terms of Use from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

PRIVACY POLICY

Company respects your privacy and permits you to control the treatment of your personal information.

NO WARRANTIES

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING ON THIS SITE OR IN THIS SERVICE SHALL CREATE OR CONSTITUTE ANY WARRANTY REGARDING THE COMPANY’S PRODUCTS AND SERVICES.

LIMITED LIABILITY

COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED SITES

Company has no control over, and no liability for, any third party websites or materials. Company may link the Site to Internet sites of other businesses. Because neither Company nor the Site has control over the content and performance of the sites of other businesses, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may gain access to material or services (including, but not limited to, websites) provided by third parties. You acknowledge and agree that Company makes no representations or guarantees about, and assumes no responsibility for, the accuracy, currency, content, nature, or quality of that third party content. You also acknowledge and agree that websites and services of other businesses may have their own terms of service, to which you should refer.

PROHIBITED USES

Company imposes certain restrictions on your permissible use of the Site and the Service, and you agree to refrain from any prohibited or restricted conduct. You are prohibited from (a) accessing confidential content or data not intended for the public, (b) logging onto a server or account that you are not authorized to access; (c) circumventing or attempting to circumvent any security feature or technical protection measure of the site; (d) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (e) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” or otherwise imposing unreasonable burdens upon the Site or Service; and (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Service, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

GOVERNING LAW

You agree that these Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in California in all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any intellectual property owned by Company or by any third party.

MODIFICATIONS

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you accept the revised Terms of Use.

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