Terms of Use

TERMS AND CONDITIONS OF USE

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy) will mean you agree to any changes.

This site is owned and/or operated by DVA Media + Marketing (”Owner”). No material from this site or any website owned, operated, licensed, or controlled by Owner may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices.

Modification of the materials or use of the materials for any other purpose is a violation of the Owner copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Owner or the other designated owner of a posted mark.

Elements of Owner sites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Owner site may be copied or retransmitted unless expressly permitted by Owner.

The purchase of any products from this site is governed by the terms and conditions of the sales transaction with the provider of the product. DVA MEDIA + MARKETING MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DVA Media + Marketing does not have any responsibility for the processing or delivery of products purchased from this site.

Owner permits the linking to its sites from any other site so long as the linking site is not a competitor of Owner and does not contain libelous, defamatory, obscene or illegal content. Any link must not frame the Owner’s site and must be to the entire site rather than to a particular page or graphic. Permission to link to any Owner site is temporary and at Owner’s sole discretion. Owner reserves the right to request any linking site to remove such link to any Owner site. Any linking site agrees to comply with such a request within 24 hours of receipt of such a request from Owner. Links in the Owner sites will let you leave the site. The linked sites are not under the control of Owner and the Owner are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Owner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Owner unless expressly indicated.

“Forum” means any chat area, poll, bulletin board, e-mail and other interactive function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is in violation of another’s copyright, trademark or other proprietary rights.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.

By submitting content to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) the Owner a royalty-free, nonexclusive, perpetual right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE OWNERS OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These terms along with the terms of the Privacy Policy is the entire agreement between us relating to the subject matter herein.