Terms and Conditions
PLEASE CAREFULLY READ THIS PAGE. IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF THE EB5BRICS.COM WEBSITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE EFFECTIVE AS OF NOVEMBER 10, 2014.
This website (the “Website”) is owned and operated by EB5 BRICS, LLC (“we”, “us” or “our”, as appropriate). Your use of the Website shall be deemed to constitute your consent to be bound by these Terms and Conditions. If you are not willing to accept these Terms and Conditions, we ask that you do not use the Website.
This Website is intended for and directed to adults. This Website is specifically not for use by any children under the age of 13.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks (both registered and unregistered), logos, graphics, photographs, animations, videos and text or to the intellectual property of third parties in the Website and its contents. You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website, or the computer codes of elements comprising the Website other than for your own personal use.
You may be asked to register on the Website to utilize various services. When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities that occur under your username and password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your user name and password.
By registering on the Website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.
YOUR USE OF THE WEBSITE AND TERMINATION OF USE
You agree that in using the Website you will not: (i) use the Website in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity; (ii) use the Website for any purpose other than your personal use; or (iii) penetrate or attempt to penetrate the Website security measures protecting the Website.
You agree that you will not use the Website for transmission of chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating but not limited to any employee or consultant of ours. You further agree not to adopt an inappropriate user name of any kind.
You may not use the Website to post or transmit content or materials that expose us to any liability or adverse impact of any type as determined by us in our sole discretion. You may not use the Website to post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy. You may not use the Website to post, disseminate, or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and/or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality. If you have any comments or complaints regarding content or materials posted on the Website, please contact us at email@example.com We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice at its sole discretion, without limitation to any of our other rights.
DISCLAIMER OF WARRANTIES
ALL CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON THE WEBSITE. WE WILL UPDATE THE WEBSITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE TERMS AND CONDITIONS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WE USE ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE INFORMATION ON THE WEBSITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.
WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THAT DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND OUR REASONABLE CONTROL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSEES, PARENTS, OR SUBSIDIARIES BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. OUR LIABILITY IN TORT, CONTRACT, NEGLIGENCE OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED IN AGGREGATE TO ACTUAL DAMAGES ONLY.
These Terms and Conditions and all purchases hereunder shall be governed by and construed under the law of the State of California, without regard to conflicts of laws rules. You agree that the courts of the State of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in California, USA.
If you cause a technical disruption of the Website or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense we may suffer and you will be liable for any attorneys’ fees and costs; the same shall be without limitation of our other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless us, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of the Website and any violation of these Terms and Conditions.
AMENDMENTS TO THE TERMS AND CONDITIONS AND CHANGES TO THE WEBSITE
We reserve the right to change, suspend or discontinue, at any time, any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. We may also revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Website (or as otherwise stated in any notice of such changes). Any use of the Website will be considered acceptance by you of the then-current Terms and Conditions. Therefore, we encourage you to regularly review these Terms and Conditions.
Each provision of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions is deemed by a court to be unenforceable, the remainder shall stay in effect.
The section headings used in these Terms and Conditions are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.