This Agreement contains an Arbitration Clause.
LoveToKnow Corp. License and Terms
of Use
The Agreement is made by and between
LoveToKnow Corp. a California Corporation,
and each user of the Contents, system, or networks (“User”).
A “Person” is a natural person, a corporation, proprietorship,
partnership, governmental entity, or any other legal person or entity.
1. Nature of Information. The website
is ) 2002 by LoveToKnow Corp. Inc.
All text, edits, changes and additions are © 2002 by LoveToKnow Corp. Inc. To the
extent permitted by applicable law, LoveToKnow Corp. claims its patent,
copyright, trademark, publicity, and any other intellectual property rights in
its web sites and all information, software, data, or other contents of any
kind on or interlinked with a LoveToKnow Corp. web site (“Contents”).
All rights are reserved. This site may contain errors and due to
the age of the information, is presented for historical purposes only. You
should assume we have not checked the information independently.
2. Illegal of other Harmful Use or Access. Contents may not be used for
any illegal purpose. You may not access our networks, computers, or
Contents in any manner that could damage, disable, overburden, or impair them,
or interfere with any other Person’s use and enjoyment. You may not
attempt to gain unauthorized access to any Contents, other accounts, computer
systems, or networks connected with our sites or Contents.
3. Advice of Professionals.
All Contents, particularly that of dating from earlier years (including the information
relating to medical, financial, construction, or other activities that could result
in damage, injury, or death) is for informational purposes only. This
information should not be considered complete and is not intended to be used in
place of a visit, call, consultation, or advice of your physician or other
professionals or any information contained on or in any product packaging or
labels. LoveToKnow Corp. does not recommend the self-management of health
problems or duplication of any activity or process described in the
Contents. You should never disregard professional advice or delay in
seeking advice because of something in the Contents and you should not use the
Contents for diagnosing a health or other problem or prescribing a medication.
Information and statements regarding dietary supplements have not been
evaluated by the Food and Drug Administration and are not intended to diagnose,
treat, cure, or prevent any disease.
4. Assumption of the Risk. The User assumes any and all risk of
damage, injury, or death, from use of the Contents. It has been warned of
the limitations and risks in use of the information, and despite such warnings,
chooses of its own free will to continue to access or use the Contents.
5. Use on
Other Web Sites. The Contents are licensed only for the personal,
household, educational use by a single individual.
Reproducing Content on another site or redistributing Content is
forbidden. Taking Content from this site and editing it and posting it on
another site is also forbidden. Framing of this site is forbidden.
6. LoveToKnow Corp. Links To Other Web Sites. The Contents may
link you to other web sites or information, software, data, or other contents
on or off the internet. However, LoveToKnow Corp. has not reviewed the
contents that may be linked and is not responsible for the content. Your linking
to any other pages on other sites is at your own risk. Please remember that
such sites are not LoveToKnow Corp. sites and the content on such sites could
change without LoveToKnow Corp.'s knowledge. The information, software, data,
or other contents (including opinions, claims, comments) contained in linked
references are those of the companies responsible for such sites and should not
be attributed to LoveToKnow Corp.. LoveToKnow Corp. has not attempted to
verify the truth or accuracy of any such opinion, claim or comment, nor does
LoveToKnow Corp. endorse or support them. LoveToKnow Corp. does not
warrant, nor is it in any way responsible for, information, software, data, or
other contents that are outside of LoveToKnow Corp.'s control.
7. User Indemnification. Each User will indemnify and hold
harmless the LoveToKnow Corp. Entities against any claims or losses imposed on,
incurred by, or asserted as a result of or relating to: (a) any noncompliance
by User with the terms and conditions hereof; (b) any third-party actions
related to or arising from User’s receipt or use of the Contents, whether
authorized or unauthorized under the Agreement.
8. Notices. The parties agree that any notices of Dispute or other
communications addressed to LoveToKnow Corp. will be sent by Certified or
Registered Mail, return receipt requested to the above address, and deemed
delivered as of the date of signing of the return receipt or the first date of
a refusal to sign.
9. Copyright Act Notice and Procedure. Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright infringement should
be sent to the address and by the procedure for notices set forth above.
10. DISCLAIMER OF WARRANTIES. THE CONTENTS ARE
“AS IS” AND
“WITH ALL
FAULTS”. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, THERE ARE
NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT
LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR
OF VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED
WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF
PERFORMANCE, AND
THERE ARE
NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE.
11. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, LOVETOKNOW CORP., ITS AFFILIATES AND EACH OF THEIR RESPECTIVE
AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB
HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS
RELATED TO OR USED BY LOVETOKNOW CORP. (COLLECTIVELY, THE LOVETOKNOW CORP.
ENTITIES ), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND
TO THE FULL
EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL
HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THIS AGREEMENT, OR THE
CONTENTS IN EXCESS OF US$5.00. THE ABOVE LIMITATION SHALL NOT APPLY TO
THE EXTENT CAUSED BY THE WILLFUL TORTUOUS MISCONDUCT OR GROSS NEGLIGENCE OF
LOVETOKNOW CORP..
12. DISCLAIMER OF CONSEQUENTIAL AND SIMILAR DAMAGES. TO
THE FULL
EXTENT PERMITTED BY APPLICABLE LAW, THE LOVETOKNOW CORP. ENTITIES, REGARDLESS
OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND
TO THE FULL
EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL
HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THIS AGREEMENT, OR THE
CONTENTS FOR INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF
OPPORTUNITY, LOSS OF PROFITS, INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
13. Independence
of Last Two Clauses. The last two sections are intended to be independent
of each other and the failure of essential purpose of one shall not affect the
other.
14. Other Warranty Rights or Limitations of Liabilities. Some
states and foreign countries provide rights in addition to those above, or do
not allow excluding or limiting implied warranties, or liability for incidental
or consequential damages. Therefore, the above limitation may not apply to you
or there may be state provisions which supersede the above.
15. Arbitration in California.
Any dispute or claim arising or related to this Agreement, its performance,
breach, or interpretation (including issues about its validity or
enforceability), shall be exclusively (except as provided below) resolved by
final binding arbitration before the American Arbitration Association (AAA),
utilizing its Commercial Arbitration Rules. One arbitrator shall be
selected using AAA procedures. The arbitrator shall use all reasonable
efforts to minimize discovery and to complete the arbitration proceedings as
expeditiously as possible. The Arbitrator shall render a written decision
within thirty (30) calendar days of the hearing. The arbitrator will not
award attorney’s fees, or punitive, incidental, consequential, treble or
other multiple or exemplary damages, and the parties hereby agree to waive and
not seek such damages. Either party may seek judicial relief to compel
the other party to comply with the provisions of this Section, or injunctive or
other equitable relief to protect its intellectual property rights, provided
(unless prohibited by applicable law) that the remainder of the dispute or
claim is submitted to arbitration. The arbitration shall be held in
San Francisco, CA; both
parties hereby give their irrevocable consent to jurisdiction of courts of or
in the State of California, as well as
processes of the AAA in California.
Awards shall be final, binding and non-appealable (except on the minimal
grounds required under the Federal Arbitration Act or other applicable
law). All awards may be filed with one or more courts, state, federal or
foreign having jurisdiction over the party against whom such award is rendered
or its property, as a basis of judgment and of the issuance of execution for
its collection.
16. Governing Law. This Agreement shall be deemed made in,
governed by, performed in, and construed and enforced in accordance with the
laws of the State of California, U.S.A., without giving effect to its conflicts
of laws provisions or principles.
17. Entire Agreement; Waiver; Modification; Amendment. The terms
and provisions contained in this Agreement constitute the entire agreement
between the parties concerning the subject matter hereof. This Agreement
supersedes all other agreements, written or oral, between the parties as to the
subject matter hereof. No modification or amendment of this Agreement
shall be enforceable against a party unless in writing and signed by the party
against whom such modification or amendment is sought to be enforced. No
failure on the part of a party to exercise, no delay in exercising, and no
course of dealing with respect to any right, power, or privilege under this
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise
of any such right, power, or privilege preclude any other or further exercise
thereof or the exercise of any other right, power, or privilege under this
Agreement.
18. Successors and Assigns. Licensee may not assign this Agreement
(including by operation of law) without the prior written consent of
Licensor. Any such attempt to assign shall be null and void. The
rights and obligations of the parties shall inure to the benefit of and shall
be binding upon the parties, their respective successors, assigns, heirs, and
personal representatives. Nothing in the Agreement is intended to or
shall confer on any Person other than the parties hereto or their respective
permitted successors or assigns, any rights or remedies under or by reason of
this Agreement.
19. Captions. The captions and headings in this Agreement are
inserted only as a matter of convenience, and in no way define, limit or in any
other way described the scope of this Agreement or the intent of any provision
hereof.
20. Severability. The parties agree that if any part, term, or
provision of this Agreement is held illegal or invalid, the validity of the
remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, or provision held to be illegal or
invalid.
21. Survival. The terms of this Agreement apply to any, receipt,
use or performance that occurs before any termination, cancellation, or
rescission of this Agreement, and to those obligations that arise after any
termination, cancellation, or rescission of this Agreement—namely: any
terms, conditions or restrictions on receipt, use, or access to the Contents,
systems, or networks of LoveToKnow Corp., and any indemnification obligations.
22. Change of Terms From Time-To-Time. LoveToKnow Corp. may alter
any term of this Agreement by posting a notice that there is a change in terms
on a page containing the Contents. Any use of any LoveToKnow Corp. web
site after the date of such notice is deemed acceptance of the new terms.
23. Government Restricted Rights Legend. Any Contents which used or
transmitted for or on behalf of the United States of America, its agencies
and/or instrumentalities (U.S. Government), is provided with Restricted Rights.
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is noted with the Contents; otherwise
should be considered LoveToKnow Corp., at the above address.