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Under the requirements of the Laws of most Countries of the World
this WebSite has AN OBLIGATION to inform VISITORS to the WebSite of certain LEGAL ISSUES that are set-out below that VISITORS MUST ACCEPT and agree to in full or else the VISITOR – MUST LEAVE THE WEBSITE IMMEDIATELY. The following determines and regulates your legal access to this WebSite. IF YOU DO NOT ACCEPT OR FULLY COMPLY with these Under 14 years of age Policy, Terms of Use and Privacy Policy conditions, you have no right to visit this WebSite and you are fraudulently using this WebSite therefore you must … IMMEDIATELY CEASE AND DESIST and LEAVE THIS WebSite IMMEDIATELY. Fraudulent use of the WebSite may make you subject to civil or criminal punishments. - - - o 0 o - - - TERMS OF USE Essential Reading – Terms of use and conditions relating to who may use this WebSite – you should print a copy of this Terms of Use for your records and obtain legal advice to ENSURE YOU UNDERSTAND AND COMPLY AT ALL TIMES. - - - o 0 o - - -
YOU, the VISITOR TO THIS WebSite, irrevocably agree that a LEGAL CONTRACT is created and applies each and every time you access the WebSite together with all it’s associated pages
and that the Legal Contract is BETWEEN The Owners of the Domain Name registered and as shown in the WebSite Licence Certificate displayed on this WebSite (hereinafter “SiteOwner”) AND The Visitor as defined in Clause B hereof (hereinafter “Visitor”) Whereas the Visitor wishes to gain legal access to the WebSite and is NOW ON NOTICE that compliance with various Under 14 years of age Policy, Terms of Use and Privacy Policy are a requirement for access and must be agreed to and complied with IN ADDITION to CONSIDERATION as herein described Whereas the SiteOwner has a publication published on their Internet WebSite (hereinafter “WebSite”) which is RESTRICTED TO VIEWING LEGAL DOCUMENTS legally permitted and required to be viewed upon entry to the WebSite in order for a VISITOR to determine their compliance or otherwise with the Under 14 years of age Policy, Terms of Use, Privacy Policy and applicable laws of the various Countries to which the Parties are also subject to and must also comply with and THE PARTIES HERETO IRREVOCABLY AGREE that for ACCESS to the WebSite to be GRANTED, a CONSIDERATION IS REQUIRED which is in the form of the VISITOR READING and COMPLETE ACCEPTANCE of ALL of the WebSite’s published documents, namely
Clause A That in the event of any purchase shall specifically include the Sale of Goods Agreement. Clause B Persons who visit or view this WebSite, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitor" whom are parties to this Contract and are variously described as belonging to one of the following Categories each of which are covered by this Legal Contract:-
A person excluded from this WebSite because of the Terms of Use or from denial of service by the WebSite, or who is a person barred from receiving or accessing an internet service under the laws of the United States or other countries including the country in which you are a resident or from which you use the services, who nonetheless unlawfully views this WebSite, that person remains subject to the terms of the various Legal Documents and is in violation of the provisions of those various Legal Documents and therefore MUST IMMEDIATELY LEAVE this WebSite. Any person(s)
Fraudulent use of this WebSite may make you subject to civil or criminal punishments. Clause C THIS WEBSITE REQUIRES CONSIDERATION for and AS A CONDITION OF ALLOWING YOU ACCESS and by your use and continued use of this WebSite including viewing, visiting, or interacting with this WebSite or with any banner, pop-up, pop-under or advertising or hyperlink that appears on it, YOU ARE IRREVOCABLY AGREEING TO and ACCEPTING EACH OF THE PROVISIONS OF THE UNDER 14 YEARS OF AGE POLICY, TERMS OF USE, PRIVACY POLICY, SALE OF GOODS AGREEMENT, DISCLOSURE STATEMENT and WEBSITE LICENCE CERTIFICATE OF THIS WEBSITE AND FURTHER THE VISITOR EXPLICITLY AND EXPRESSLY IRREVOCABLY AGREES THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY VISITOR FOR ANY REASON, and shall have no obligation at any time to give any reason or otherwise be accountable to give any reason for their decision, AND YOU FURTHER ACKNOWLEDGE AND AGREE THE WEBSITE IS FULLY AUTHORIZED AND ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES as determined at the SiteOwner’s sole discretion AND FURTHER acknowledge that the contents of the LEGAL DOCUMENTS may change from time to time, and that VISITORS have an AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, to keep themselves fully informed of changes, however, no notice of change(s) shall be given or be required to be given THE VISITOR EXPLICITLY AND EXPRESSLY IRREVOCABLY AGREES Unless the Visitor has an express written contract with this WebSite to the contrary, THE VISITOR EXPLICITLY AND EXPRESSLY IRREVOCABLY AGREES,
that any communication between Visitor and WebSite is deemed a submission, and that all submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall (in accordance with the Privacy Policy) become the exclusive property of the WebSite and may be used, without further permission, for commercial use without additional consideration of any kind and the Visitor agrees to only communicate that information to the WebSite, which Visitor wishes to forever allow the WebSite to use in any manner as WebSite sees fit AND Visitor agrees that Visitor is solely and fully responsible for and that the WebSite has no responsibility to Visitor or to any third party for any content that Visitor create, transmit or display whilst using the WebSite and that Visitor agrees and fully accepts full responsibility for any loss or damage which the WebSite may suffer by doing so AND FURTHER Visitor without any objection, foregoes and does now give-up and transfers FOREVER and without fee or reward whatsoever ALL it’s right title and interest in any submitted copyright or trademark irrevocably in favour of the SiteOwner as part of the CONSIDERATION for viewing and using this WebSite and as a consequence of permission for this visit IMMEDIATELY upon Visitor submitting and transferring or uploading to the WebSite without the need for any further documentation beyond this document. 2. ASSOCIATED WebSite AND OWNERSHIP that all data collected about Visitor may be shared with any and all associated WebSite(s) in which the SiteOwner has an interest as owner, part-owner or shareholder and may be used as determined at the sole discretion of SiteOwner and Visitor ACKNOWLEDGES and AGREES that any of these associated WebSite(s) may provide services including Newsletters and promotional emails to Visitor on behalf of the WebSite and SiteOwner. 3. PASSWORD AND SECURITY Visitor agrees and understands that if Visitor is permitted to have an access code (in order to Sign-in or Log-in) with a password then Visitor is solely responsible for maintaining the confidentiality of that access code and password associated with any account Visitor uses to access the WebSite and as such Visitor shall be solely responsible for all activities that occurs in the Visitor account. 4. UNSUBSCRIBE Visitor IRREVOCABLY AGREES by Visitor access and use of the WebSite that all possible data concerning the Visitor is permitted to be collected and stored as a submission for which consent is given to WebSite to email the Visitor at the discretion of the WebSite, and Visitor waives all rights to file complaints concerning unsolicited email against the WebSite, however, all email communication with Visitor shall contain an 'unsubscribe' link which the Visitor may use to notify the WebSite that Visitor no longer wishes to receive solicitations or information from the WebSite, and when invoked, Visitor’s name and details will be removed from the general solicitation database, PROVIDED HOWEVER, that if Visitor disclosed their personal data that has been collected by a third party then this WebSite may not be able to determine the holder of such data and takes no responsibility for the security of such data. 5. THIRD PARTY WebSite does link to and use third parties including Affiliates for the purpose of introductions and sales and WebSite accepts no responsibility for the security of such data that any third party might receive, process and store. This WebSite takes measures to protect its data that contains information related to Visitor, however, as a CONSIDERATION for viewing this WebSite or interacting with this WebSite in any manner, Visitor waives all right to claims of any nature against this WebSite concerning the loss, alteration, or misuse of information including damages to Visitor. 6. LANGUAGE That if at anytime Visitor is provided with a translation of the English language version of the Legal Documents, then Visitor agrees that the translation is provided for their convenience only and that the English language version shall take precedence if there is any contradiction between the versions. 7. TYPE FONT CAPITALIZATION Visitor agrees irrespective of font size, capitalization, boldness or otherwise of characters in all the Legal Documents that these styles are used to enable emphasis for speed reading, however, for legal purposes all characters have the same importance and are to be read as if all characters are in standard lowercase of same boldness and font size and that paragraph headings are used to enable easy location of contents. 8. INDEMNITY Visitor IRREVOCABLY AND FULLY INDEMNIFIES the SiteOwner, WebSite, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, auditors, and contractors (hereinafter know as the “Indemnified Parties”) harmless in all things arising out of any breach of the Legal Documents by Visitor and Visitor agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use and Visitor agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith AND FURTHER Visitor fully indemnifies and holds the Indemnified Parties harmless from and against any claims brought by third parties arising out of Visitor use of the information accessed from the WebSite or any stored data. 9. REMEDY WAIVER and ENFORCEMENT WebSite waiver of any breach of this Agreement shall NOT constitute an amendment to this Agreement or waiver of subsequent breaches hereof. Visitor agrees that if WebSite does NOT exercise or enforce any legal right or remedy which is contained in the Legal Documents, this will NOT be taken to be a formal waiver of WebSite rights and further that all of those right or remedies will remain and still be fully available to WebSite. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and any provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability. 10. TERMINATION If you wish to terminate your legal agreement with WebSite Visitor may do so at any time by
11. NOTICE Visitor agrees that any NOTICE to be sent to Visitor, including but not limited to any legal notices, arbitration and court-related notices, shall be sent to Visitor via Email at the Email address that Visitor designate when Visitor submitted or made a purchase. Any NOTICE to WebSite MUST BE by certified mail or registered mail, return receipt requested, to the physical address specified at the end of the series of documents that form part of the Legal Documents. 12. ACCEPTANCE OF THE TERMS Visitor has a legal obligation to view, read and EITHER ACCEPT OR REJECT the terms and conditions of this and EACH electronic document that are known collectively as the Legal Documents and may not assume that any documents remains the same and Visitor agrees to check the wording and requirements each time Visitor visit the WebSite. Visitor’s continued use of this WebSite always evidences acceptance of EACH of the terms of EACH of ALL the Legal Documents. An exit button is provided at the end of each document in the series of Legal Documents to enable the VISITOR to take affirmative action to REJECT and EXIT this WebSite in the event of non-acceptance otherwise failure to exit and continued use of this WebSite shall signify the VISITOR’s acceptance of all of the terms and conditions to the same extent as if Visitor’s written signature was contained hereon. 13. DISPUTES and ARBITRATION As part of the CONSIDERATION that the WebSite requires for viewing, using or interacting with this WebSite, Visitor IRREVOCABLY agrees to use binding ARBITRATION for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to a purchase, product, including solicitation issues, Terms of Use issues, Privacy Policy issues, Sale of Goods Agreement issues, and Disclosure Statement issues. Visitor EXPRESSLY AGREE THEY DO NOT HAVE THE RIGHT to go to Court or have a jury trial or to engage in pre-trial discovery except as provided in the Arbitration Rules; AND WILL NOT HAVE THE RIGHT TO PARTICIPATE as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, witness and expert fees, collection fees, investigation fees and travel expenses. 14. APPLICABLE LAW JURISDICTION AND VENUE Visitor agrees that the applicable law to be applied shall, in all cases, be that of the City and Country of Hong Kong, Hong Kong and if any matter shall be brought before a Court of Law, pre- or post-Arbitration; Visitor IRREVOCABLY AGREES to that the sole and proper jurisdiction is the City and Country selected by the WebSite Owner and unless selected or specified – Hong Kong, Hong Kong. In the event that litigation is able to be conducted in a Federal Court, the proper Court shall be the closest Federal Court to the Seller's address. 15. ADDITIONAL MATTERS In the event any matter is NOT covered in any of the Legal Documents then the provisions of this Terms of Use shall be deemed to be specifically incorporated in that document and shall apply in all respects. 16. LATEST UPDATE This document was last updated on: 1st May 2010. 17. COPYRIGHT This document is used under license. The copyright is owned by the Owner of GoLegally.com. Visitor REJECTS and DOES NOT ACCEPT the terms of this Terms of Use Please leave this site and go to http://www.google.com
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