Terms
& Conditions of Use
1.
By becoming a member of this service (the "Service"), you
become a Subscriber and agree to be bound by this Agreement (the
"Agreement"). This agreement is subject to change at any
time, and changes are effective upon notice to each Subscriber.
2.
FEI Holdings, Inc. reserves the right, in its sole discretion, to
terminate your access to all or part of this Site, with or without
notice, for any reason or no reason, including, without limitation,
if FEI Holdings, Inc. believes that you have violated or acted
inconsistently with the letter or spirit of these Terms &
Conditions of Use. This includes FEI Holdings, Inc. right to
terminate your ability to access the Site. You acknowledge that FEI
Holdings, Inc. shall not be liable to you or any third party for any
termination of your access to this Site.
3.
Subscribers are responsible for providing all personal computer and
communications equipment necessary to gain access to the Service.
Access to and use of the Service is through a combination of an ID
and a password. Each Subscriber must keep his password strictly
confidential. Remember your password! For security reasons, FEI
Holdings, Inc. will not release passwords for any reason, except as
may be specifically required by law or court order. Unauthorized
access to the Service is a breach of this Agreement and a violation
of law.
4.
Any liability of FEI Holdings, Inc. including without limitation any
failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft, destruction, or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortuous
behavior, negligence, or under any other cause or action, shall be
strictly limited to the amount paid by or on behalf of the subscriber
to FEI Holdings, Inc. for the preceding 12 months. Some states do not
allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
5.
No warranty is made by FEI Holdings, Inc. regarding any information,
services, or products provided through or in connection with the
Service, and FEI Holdings, Inc. hereby expressly disclaims any and
all warranties, including without limitation:1) any warranties as to
the availability, accuracy, or content of information, products, or
services; and 2) any warranties of merchantability or fitness for a
particular purpose. Some states/provinces do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you.
6.
Except for public domain material and electronic messages, all
material displayed on the Service is copyrighted by FEI Holdings,
Inc. and may not be copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of the copyright owner,
unless otherwise clearly stated in this Agreement.
7.
The material on the Service is for the private, non-commercial
enjoyment of Subscribers only. Any other use is prohibited.
8.
The Service enables Subscribers to share information with other
Subscribers. Subscribers agree not to submit, publish, or display on
the Service any defamatory, inaccurate, abusive, threatening,
racially offensive, or illegal material. Transmission of such
material that violates any federal, state, or local law, is
prohibited and is a breach of this Agreement.
9.
Subscribers agree not to engage in advertising to, or solicitation of
other Subscribers to buy or sell any products or services through the
Service without prior written consent. Subscribers are responsible
for information they send, or display through the Service even if a
claim should arise after termination of service.
10.
When you visit and obtain a membership to FEI Holdings, Inc. operated
sites or provide us your email to request free promotional
newsletters and advertising, or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
11.
There are no facilities provided by the Service for sending or
receiving private or confidential electronic communications. All
messages shall be deemed to be readily accessible to the general
public. Do not use the Service for any communication for which the
sender intends only the sender and the intended recipient(s) to read.
Notice is hereby given that all messages entered into this Service
can and may be read by the operators of the Service, whether or not
they are the intended recipient(s).
12.
Notices by FEI Holdings, Inc. to Subscribers may be given by means of
electronic messages through the Service, by a general posting on the
service, or by conventional mail. Notices by Subscribers may be given
by electronic messages unless otherwise specified in the Agreement.
*
All questions regarding new membership by means of electronic message
should be sent to Customer Service
13.
The subscriber hereby warrants and represents that he or she is over
the age of eighteen (18) or twenty-one (21) in some jurisdictions;
and in all respects is qualified and competent to enter into this
agreement.
14.
Arbitration; Governing Law: A. This Agreement shall be governed by,
and construed only in accordance with, the laws of the United States
of America and the State of Washington, without giving effect to
principles of conflicts of laws. B. The parties agree that any
dispute between them arising out of or related to this Agreement and
the services hereunder shall be resolved by binding arbitration
conducted under the Commercial Arbitration Rules of the International
Chamber of Commerce in effect as of the date any such action is
initiated. This is an exclusive remedy. Unless another venue is
agreed to by both parties, any arbitration conducted pursuant to this
paragraph shall take place in Aruba. The arbitration and proceedings
related thereto shall be conducted in English. A single arbitrator
will make a determination and render an award within thirty (30) days
of the close of evidence in such arbitration proceeding. The parties
waive right to jury trial and agree that the arbitration award will
be final and binding and that judgment will be entered thereon in any
court of competent jurisdiction. Notwithstanding the foregoing, any
party may seek immediate judicial intervention to prevent any
unauthorized use or disclosure of the confidential or proprietary
information of the party (or those to whom it owes a duty of
confidentiality) bringing any such action. In addition, any party may
bring an action in a court of competent jurisdiction to enforce (i)
the Arbitration, Venue, and Governing Law provisions hereof and (ii)
any arbitration award rendered hereunder, and any such action shall
not be deemed a waiver of this arbitration requirement or any other
provision hereof. 3C. The venue for any other legal proceedings
arising from or connected with this Agreement shall be exclusively in
Aruba, and no Party shall have the right to challenge venue based
upon forum non conveniens or otherwise. In any legal proceeding
(including arbitration) arising from, under or in connection with
this Agreement, the prevailing Party shall recover the reasonable
attorneys' fees and costs incurred in preparation for and in
connection with all arbitration, trial and appellate proceedings,
along with such other award(s) rendered by the arbitrator. D. This
Agreement shall be executed in the English language and shall be
controlled in all respects by the English language, regardless if
this Agreement is translated into another language.
15.
Electronic Signatures: You hereby acknowledge and agree that physical
signatures are not required under this Agreement, and any form of
electronic acceptance of the terms of this Agreement, including but
not limited to your checking or clicking of an "I agree" or
"Create Account" box, shall be permissible and acceptable
forms of acceptance by you of the terms of this Agreement. Each such
acknowledgement shall constitute an "electronic signature"
as that term is contemplated by the Electronic Signatures in Global
and National Commerce Act ("ESIGN Act").
16.
WARNING OF SEXUALLY-EXPLICIT CONTENT The information, links, images
and videos contained on this web site are of a sexually explicit
nature. Under penalty of perjury, your use of this site is based on
your agreement that: You are at least 18 years of age; You have read
and fully agree to the terms and conditions; You are a responsible
adult seeking sexually-explicit material; The sexually explicit
material You are viewing is for your own personal use and You will
not expose minors to the material; You want to receive/view sexually
explicit material and You do NOT find it offensive or obscene; The
viewing, reading and downloading of sexually explicit materials does
not violate the standards of Your community, town, city, state or
country; You are responsible for any false disclosures or legal
ramifications of viewing, reading or downloading any material in this
site; neither this website nor its affiliates will be held
responsible for any legal ramifications arising from fraudulent entry
into or use of this website; You understand that this is a legal
agreement between You and FEI Holdings; You understand that the
videos and images in this site are intended to be used by responsible
adults as sexual aids, to provide sexual education and to provide
sexual entertainment; Pursuant to Title 28 U.S.C. §1746, By your
agreement, you declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
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