Please check this Agreement periodically for changes as HowToBreak80.com reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. HowToBreak80.com reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
Restrictions on Use of Materials
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HowToBreak80.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Database Ownership, License, and Use
Except with regard to personal information, all information which you post on this site or communicate to HowToBreak80.com through this site (collectively "Submissions") shall forever be the property of HowToBreak80.com. HowToBreak80.com shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, HowToBreak80.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
HowToBreak80.com's, licensors' or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.
Third party sites
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of HowToBreak80.com, are not monitored or reviewed by HowToBreak80.com, and HowToBreak80.com is not aware of the contents of such sites. You acknowledge that HowToBreak80.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by HowToBreak80.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that HowToBreak80.com and its licensors have no liability whatsoever from such third party sites and your usage of them.
Disclaimer of warranties
HowToBreak80.com, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All information and use of this site are provided "as is" without warranty of any kind. HowToBreak80.com, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. HowToBreak80.com, advertisers and/or its licensors do not warrant that the contents or any information receive through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
Limitation of liability
Under no circumstances shall HowToBreak80.com, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HowToBreak80.com, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, HowToBreak80.com, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless HowToBreak80.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. HowToBreak80.com reserves the right; at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with HowToBreak80.com in asserting any available defenses.
HowToBreak80.com may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. Of its agents, officers, directors, contractors or employees. In such event, HowToBreak80.com may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and HowToBreak80.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against HowToBreak80.com for such disclosure.
Choice of law and forum
This site (excluding third party linked sites) is controlled by HowToBreak80.com from its offices within the State of California, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Utah, by accessing this site, both you and HowToBreak80.com agree that the statues and laws of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and HowToBreak80.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. HowToBreak80.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
To the extent you have in any manner violated or threatened to violate HowToBreak80.com and/or its affiliates' intellectual property rights, HowToBreak80.com 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: Los Angeles County, State of California. 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: Los Angeles County, State of California, 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. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.