TERMS
OF USE
THIS
IS IMPORTANT -- PLEASE READ
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A
CONDITION
OF ALLOWING YOU ACCESS.
READING
AND ACCEPTING THE TERMS OF USE AND
READING
AND ACCEPTING THE PROVISIONS OF THE
PRIVACY
POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS
FOR THE WEBSITE GRANTING YOU THE
RIGHT
TO VISIT, READ OR INTERACT WITH IT.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS
THEY
READ AND ACCEPT THE TERMS OF USE AND THE
PRIVACY
POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE
OR WITH ANY BANNER, POP-UP, OR ADVERTISING
THAT
APPEARS ON IT, YOU ARE AGREEING TO ALL THE
PROVISIONS
OF THIS TERMS OF USE POLICY AND THE
PRIVACY
POLICY OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS
TO
THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT
IS
UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS
WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS
WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY
INDIVIDUAL
THAT IS COVERED BY THE CHILD ONLINE
PRIVACY
ACT (COPA) OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO
ANY
PERSON OR VIEWER FOR ANY REASON. UNDER THE
TERMS
OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION
FOR VIEWING, THE WEBSITE IS ALLOWED TO
COLLECT
AND STORE DATA AND INFORMATION FOR THE
PURPOSE
OF EXCLUSION AND FOR MANY OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME
TO
TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART
OF
THE CONSIDERATION FOR PERMISSION TO VIEW THIS
WEBSITE,
TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or
customers,
collectively referred to herein as "Visitors," are
parties
to
this agreement. The
website and its owners and/or operators are parties to this agreement,
herein
referred to as "Website."
USE
OF INFORMATION FROM THIS WEBSITE
Unless
you have entered into an express written contract with this
website
to the contrary, visitors, viewers, subscribers, members,
affiliates,
or customers have no right to use this information in a
commercial
or public setting; they have no right to broadcast it,
copy
it, save it, print it, sell it, or publish any portions of the content
of this
website. By viewing the contents of this website you agree
this
condition of viewing and you acknowledge that any
unauthorized
use is unlawful and may subject you to civil or
criminal
penalties. Again, Visitor has no rights whatsoever to use
the
content of, or portions thereof, including its databases, invisible
pages,
linked pages, underlying code, or other intellectual property
the
site may contain, for any reason for any use whatsoever.
Nothing.
Visitor agrees to liquidated damages in the amount of
U.S.$100,000
in addition to costs and actual damages for breach
of this
provision. Visitor warrants that he or she understands that
accepting
this provision is a condition of viewing and that viewing
constitutes
acceptance.
OWNERSHIP
OF WEBSITE OR RIGHT TO USE, SELL,
PUBLISH
CONTENTS OF THIS WEBSITE
The
website and its contents are owned or licensed by the website.
Material
contained on the website must be presumed to be
proprietary
and copyrighted. Visitors have no rights whatsoever in
the
site content. Use of website content for any reason is unlawful
unless
it is done with express contract or permission of the website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING
SITE PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this
site,
or portions thereof, (including, but not limited to, logotypes,
trademarks,
branding or copyrighted material) to theirs for any
reason.
Further, you are not allowed to reference the url (website
address)
of this website in any commercial or non-commercial
media
without express permission, nor are you allowed to 'frame'
the
site. You specifically agree to cooperate with the Website to
remove
or de-activate any such activities and be liable for all
damages.
You hereby agree to liquidated damages of
US$100,000.00
plus costs and actual damages for violating this
provision.
DISCLAIMER
FOR CONTENTS OF SITE
The
website disclaims any responsibility for the accuracy of the
content
of this website. Visitors assume all the risk of viewing,
reading,
using, or relying upon this information. Unless you have
otherwise
formed an express contract to the contrary with the
website,
you have no right to rely on any information contained
herein
as accurate. The
website makes no such warranty.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR
SOFTWARE
FROM INTERACTING WITH THIS WEBSITE OR
ITS
CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS,
OR OTHER CORRUPTING FACTORS.
The
website assumes no responsibility for damage to computers or
software
of the visitor or any person the visitor subsequently
communicates
with from corrupting code or data that is
inadvertently
passed to the visitor's computer. Again, visitor views
and
interacts with this site, or banners or pop-ups or advertising
displayed
thereon, at his own risk.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk.
Website
makes no warranty that downloads are free of corrupting
computer
codes, including, but not limited to, viruses and worms.
LIMITATION
OF LIABILITY
By
viewing, using, or interacting in any manner with this site,
including
banners, advertising, or pop-ups, downloads, and as a
condition
of the website to allow his lawful viewing, Visitor forever
waives
all right to claims of damage of any and all description
based
on any causal factor resulting in any possible harm, no
matter
how heinous or extensive, whether physical or emotional,
foreseeable
or unforeseeable, whether personal or business in
nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the
Website
is required to pay for, the Visitor, as a condition of viewing,
promises
to reimburse the Website for all.
SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication
between
Visitor and Website is deemed a submission. All
submissions,
including portions thereof, graphics contained
thereon,
or any of the content of the submission, shall become the
exclusive
property of the Website and may be used, without further
permission,
for commercial use without additional consideration of
any
kind. Visitor agrees to only communicate that information to
the
Website, which it wishes to forever allow the Website to use in
any
manner as it sees fit.
"Submissions" is also a provision of the Privacy Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor and
Visitor
expressly warrants an understanding that the right to notice
is
waived as a condition for permission to view or interact with the
website.
DISPUTES
As part
of the consideration that the Website requires for viewing,
using
or interacting with this website, Visitor agrees to use binding
arbitration
for any claim, dispute, or controversy ("CLAIM") of any
kind
(whether in contract, tort or otherwise) arising out of or relating
to this
purchase, this product, including solicitation issues, privacy
issues,
and terms of use issues.
Arbitration
shall be conducted pursuant to the rules of the
American
Arbitration Association which are in effect on the date a
dispute
is submitted to the American Arbitration Association.
Information
about the American Arbitration Association, its rules,
and its
forms are available from the American Arbitration
Association,
335 Madison Avenue, Floor 10, New York, New York,
10017-4605.
Hearing will take place in the city or county of the
Seller.
In no
case shall the viewer, visitor, member, subscriber or
customer
have the right to go to court or have a jury trial. Viewer,
visitor,
member, subscriber or customer will not have the right to
engage
in pre-trial discovery except as provided in the rules; you
will
not have the right to participate as a representative or member
of any
class of claimants pertaining to any claim subject to
arbitration;
the arbitrator's decision will be final and binding with
limited
rights of appeal.
The
prevailing party shall be reimbursed by the other party for any
and all
costs associated with the dispute arbitration, including
attorney
fees, collection fees, investigation fees, and travel
expenses.
JURISDICTION
AND VENUE
If any
matter concerning this purchase shall be brought before a
court
of law, pre- or post-arbitration, viewer, visitor, member,
subscriber
or customer agrees that the sole and proper jurisdiction
to be
the state and city declared in the contact information of the
web
owner unless otherwise here specified. In the
event that litigation
is in a
federal court, the proper court shall be the closest federal
court
to the Seller's
address.
APPLICABLE
LAW
Viewer,
visitor, member, subscriber or customer agrees that the
applicable
law to be applied shall, in all cases, be that of the state
of the
Seller.
CONTACT
INFORMATION
rockcli3
at rock-climbing-for-life.com
Ryan
Coisson
doing
business as www.rock-climbing-for-life.com
P.O.
Box 22245
Cottonwood
Heights, UT 84047
COPYRIGHT
AND LICENSE
This
"Terms of Use" is copyrighted by Mining Gold Corporation and
Nevada
Processing Center, Inc. 2003 - 2007 and is fully licensed
for use
by this website. If you wish to lawfully use this Terms of
Use on
your website, contact
support@internetlawcompliance.com
for licensing information or
this website.