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You should carefully read the Terms of Use
before using Our Site. By using Our Site or
indicating your agreement to be bound by the
Terms of Use. This is a legally binding agreement.
If you do not agree with the Terms of Use you
should not use Our Site.
1. We agree to provide you access to Our Site
in accordance with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on
an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US
ON OUR SITE ARE FOR INFORMATION ONLY AND ARE
NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. We may for marketing purposes collect, process
and transmit data obtained from and about you
in the course of your accessing our site.
6. You are authorized to download one copy
of the material on our Site on one computer
for your personal, non-commercial use only but
you may not in so doing remove, use, or amend
any trademark, copyright or other proprietary
notice.
7. Subject to the above, you may not modify,
copy, distribute, republish or upload any of
the material on our Site without our prior consent
in writing. No intellectual property or other
rights shall be transferred to you.
8. To the extent that portions of our Site
(such as "chat rooms" or "bulletin
boards") may provide users an opportunity
to post and exchange information, ideas and
opinions ("Postings"), BE ADVISED
THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS
PRIOR TO THEIR APPEARANCE ON THIS WEB SITE,
and Postings do not necessarily reflect our
views. To the fullest extent permitted by applicable
laws, we exclude all responsibility and liability
for the Postings or for any losses or expenses
resulting from their use and/or appearance on
our Site.
9. To the fullest extent permitted by applicable
laws, we on behalf of our employees, agents,
suppliers, and contractors exclude liability
for any losses and expenses of whatever nature
and howsoever arising, including without limitation
any direct, indirect, special, punitive, or
consequential damages, loss of use, loss of
data, loss caused by a virus, loss of income
or profit, loss of or damage to property, claims
of third parties, or other losses of any kind
or character, even if we has been advised of
the possibility of such damages or losses, arising
out of or in connection with the use of this
our site or any web site with which it is linked.
You assume total responsibility for establishing
such procedures for data back up and virus checking
as you consider necessary.
10. We reserve the right to monitor all materials
posted on any bulletin board on our sites (“Postings”)
and to remove any which we consider in our absolute
discretion to be offensive or otherwise in breach
of these Terms of Use.
11. You hereby represent and warrant that you
have all necessary rights in and to all Postings
you provide and all material they contain and
that such Postings shall not infringe any proprietary
or other rights of third parties.
12. Where we may provide hypertext links to
other sites we do so for information purposes
only, and such links are not endorsements by
us of any products or services in such sites
and we accept no liability nor make any endorsement
or approval of the same.
13. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained
herein shall bind either of us.
14. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity
of any remaining portion and such remaining
portion shall remain in full force and effect
as if the invalid portion of the Terms of Use
had been eliminated.
15. This Agreement is governed by the laws
of the State of Utah, without regard to principles
of conflict of laws.
To the extent you have in any manner violated
or threatened to violate CleanTV America
and/or its affiliates' intellectual
property rights, CleanTV America and/or its
affiliates may seek injunctive or other appropriate
relief in any state or federal court in the
State of Utah, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following
location: Orem, Utah. Any costs and fees other
than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration
at the following location: Orem, Utah, under
the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction
to do so.
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