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Terms and Conditions of Site UseThis page states the Terms and Conditions under which you may use SDBest.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. UNACCEPTABLE SITE USE General Rules: Users may not use any the SDBest web site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are prohibited from violating or attempting to violate the security of the SDBest web site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SDBest will cooperate in the investigation of occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Users may not aggregate, copy or duplicate in any manner any of the Web Site content or information available from SDBest.com. Framing of SDBest.com Web Site content or information available from the SDBest site is not allowed and violates the SDBest copyright. PRICING AND SUBCRIPTION FEES All fees are to be paid in U.S. dollars. Purchase is non-refundable. Your purchase will automatically renew at the end of the term you choose unless you cancel before that date. If you cancel your Banner Link or Sponsor Link it will remain active until the end of the billing cycle and will not auto-renew. All prices subject to change. USER SUBMISSIONS As a user, you are responsible for your own communications and are responsible for the consequences of your posting. You must not, and you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. SDBest does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. SDBest acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, SDBest may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. SDBest has no liability or responsibility to users for performance or nonperformance of such activities. SDBest reserves the right to expel users and prevent their further access to the web site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. SDBest may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for SDBest or may cause SDBest to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of SDBest.com, including message boards, forums, contests and chat rooms, you grant SDBest and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. Any creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission") that a user may send or post to the site, shall be the property of SDBest. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. SDBest shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES PROVIDED BY SDBest IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SDBest EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SDBest MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM SDBest WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE UNDERLYING THE SERVICES WILL BE CORRECTED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, AND WHETHER FINANCIAL, MEDICAL, TECHNICAL, PROFESSIONAL OR PERSONAL IN NATURE OR OTHERWISE, OBTAINED OR ACCESSED BY YOU FROM OR THROUGH ANY OF THE SERVICES PROVIDED BY SDBest SHOULD BE REGARDED AS PURELY INFORMATIONAL, SHOULD NOT BE RELIED UPON AND SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TERMINATION OF SERVICES At SDBest's discretion, the Service provided by Sbest may be revoked at any time. You agree that SDBest, in its sole discretion, may terminate your use of the services provided by SDBest, and remove and discard any content within the service provided, for any reason. You agree that any termination of your access to the services provided under any provision of these TERMS may be effected without prior notice, and acknowledge and agree that SDBest may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services. Further, you agree that SDBest shall not be liable to you or any third-party for any termination of your access to the Services. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SDBest BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES OR THROUGH THE WEB SITE, SDBest SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES OR PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SDBest HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR WEB SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR WEB SITE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR WEB SITE. GENERAL INFORMATION These Terms and Conditions constitute the entire agreement between you and SDBest and govern your use of SDBest and the services provided by SDBest, superceding any prior agreements between you SDBest. The Terms and Conditions and the relationship between you and SDBest shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Diego County in which SDBest's headquarters are located. The failure of SDBest to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or use of the any SDBest's web sites or any of the services must be filed within thirty (30) days after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. |
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