TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this
at our discretion, to change, modify, add, or remove portions of these
terms at any time. Please check these terms periodically for changes.
Your continued use of JDELIST.COM following the posting of changes to
these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated
by Eric Kempter (referred to as "we," "us," or "our"
herein). No material from JDELIST.COM or any Web site owned, operated,
licensed, or controlled by us 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 only, 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 our
proprietary rights. For purposes of these terms, the use of any such
material on any other Web site or networked computer environment is
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area,
bulletin board, or e-mail function offered as part of JDELIST.COM. You
shall not upload to, distribute through, or otherwise publish through
JDELIST.COM any content which is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or that would otherwise give
rise to liability or violates any law.
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
of funds, promotion, advertising, or solicitation for goods or services.
You specifically acknowledge that soliciting other JDELIST.COM guests
to join or become members of any commercial online service or other
organization is expressly prohibited.
By uploading materials to any Forum
or submitting any materials to us, you automatically grant (or warrant
that the owner of such rights has expressly granted) us a perpetual,
royaltyfree, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, and
distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights"
in those materials have been waived.
These terms are effective until
terminated by either party. You may terminate these terms at any time
by destroying all materials obtained from any and all JDELIST site(s)
and all related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These terms
will terminate immediately without notice from JDELIST if in JDELIST's
sole discretion you fail to comply with any term or provision of these
terms. Upon termination, you must destroy all materials obtained from
this site and any and all other JDELIST site(s) and all copies thereof,
whether made under the terms of these terms or otherwise.
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, JDELIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. JDELIST 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. JDELIST
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JDELIST) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Further, JDELIST.com explicitly
disclaims any responsibility for the accuracy, content, or availability
of information found on sites that link to or from JDELIST.com from
third parties not associated with JDELIST. JDELIST.com encourages discretion
when browsing the Internet using our or anyone elses service.
Because some sites employ automated search results or otherwise link
you to sites containing information that may be deemed inappropriate
or offensive, JDELIST cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party
sites, and you hereby irrevocably waive any claim against us with respect
to such sites.
JDELIST.com cannot ensure that you
will be satisfied with any products or services that you purchase from
a third-party site that links to or from JDELIST.com since other Shop
Channels are owned and operated by independent retailers. JDELIST.com
does not endorse any of the merchandise, nor has taken any steps to
confirm the accuracy or reliability of any of the information contained
in such third-party sites. JDELIST.com does not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive
any claim against us with respect to such sites. We strongly encourage
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL JDELIST 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 JDELIST OR A JDELIST AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL JDELIST'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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
Contra Costa 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. This is the entire agreement between us
relating to the subject matter herein and shall not be modified except
in writing, signed by both parties.