Terms and Conditions
Last Modified: 12/3/2018
Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR
USE OF OUR WEBSITE CAREFULLY.
BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF
USE (“TERMS & CONDITIONS”). WE RESERVE THE RIGHT, IN OUR SOLE
DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE
TERMS & CONDITIONS AT ANY TIME. YOU SHOULD CHECK THESE TERMS &
CONDITIONS PERIODICALLY FOR CHANGES. BY USING THIS WEBSITE AFTER
WE POST ANY CHANGES TO THESE TERMS & CONDITIONS, YOU AGREE TO
ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM. IF
YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU SHOULD NOT USE
OUR WEBSITE AND, IF APPLICABLE, YOU SHOULD ARRANGE TO CANCEL YOUR
REGISTERED USER ACCOUNT OR SUBSCRIPTION WITH US.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the
websites which are owned or operated by Diet Typing Systems, LLC.
(“DietTypingSystems.com”) and our Affiliates (collectively, “we,” “us,” or “our”),
including, without limitation, this website, and DietTypeTest.com,
DietTypingSystems.com and any other website that we may own or operate currently or
in the future (collectively, our “Website”). For purposes of these Terms & Conditions,
“Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling
interest in, owned by, or under common ownership control with, Diet Typing Systems,
LLC.
2. Terms & Conditions — In General
By using this Website, you agree to be legally bound and to abide by these Terms &
Conditions, just as if you had signed this agreement. If you do not comply with these
Terms & Conditions at any time, we reserve the right, if applicable, to terminate your
password, User account, all information associated with your User account, and/or
access to this Website (or any part thereof), and/or any Website associated with Diet
Typing Systems, LLC and its Affiliates. In our sole discretion and without prior notice or
liability, we may discontinue, modify or alter any aspect of the Website, including, but
not limited to, (I) restricting the time the Website is available, (II) restricting the amount
of use permitted, and (III) restricting or terminating any User’s right to use the Website.
You agree that any termination or cancellation of your access to, or use of, the Website
may be affected without prior notice. If you do not abide by the provisions of these
Terms & Conditions, except as we may otherwise provide from time to time, you agree
that we may immediately deactivate or delete your User account and all related
information and files in your User account and/or bar any further access to such
information and/or files, or our Website. Further, you agree that we shall not be liable to
you or any third- party for any termination or cancellation of your access to, or use of,
our Websites. From time to time, we may supplement these Terms & Conditions with
additional terms and conditions pertaining to specific content, activities or events
(“Additional Terms”). Such Additional Terms may be placed on the Website to be
viewed in connection with the specific content, activities, features or events and shall be
identified as such. You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right
to access, use and display this Website and the material provided hereon for your
personal, noncommercial use, provided that you comply fully with the provisions of
these Terms & Conditions. You acknowledge that this Website contains information,
software, photos, video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, recipes, notes, drawings, articles and other
materials (collectively, “Content”) that are protected by copyrights, trademarks, trade
secrets and/or other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereafter developed. All Content is
copyrighted under the United States copyright laws (and, if applicable, similar foreign
laws), and we own a copyright in the selection, coordination, arrangement and
enhancement of such Content. All trademarks appearing on this Website are
trademarks of their respective owners. Diet Typing Systems, LLC is the trade name and
DietTypeTest.com is the trademark and service marks of Diet Typing Systems, LLC.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors,
Affiliates, and other third parties may also have additional proprietary rights in the
Content which they make available on this Website. You may not modify, publish,
transmit, distribute, perform, participate in the transfer or sale, create derivative works
of, or in any way exploit, any of the Content, in whole or in part. When Content is
downloaded to your computer, you do not obtain any ownership interest in such
Content. Modification of the Content or use of the Content for any other purpose,
including, but not limited to, use of any Content in printed form or on any other website
or networked computer environment is strictly prohibited unless you receive our prior
written consent.
4. Becoming a Registered User
There is no cost to become a Registered User of our Website. You do not have to
become a Registered User to use this Website. However, if you do not register, you
may be precluded from using certain products, offerings, features, or resources of our
Website. You must register in accordance with instructions that you will find on this
Website to participate in, and to contribute to, any User Community Area or use of the
“Public User Profile” feature of our Website. A “User Community Area” means any blog,
personal page, group page, chat room, message board, bulletin board, recipe share, or
similar activity where you can communicate with other Users of our Website or post
your own Content. If you elect to become a Registered User of our Website, you agree
to provide us with true, accurate and complete information about yourself (“Registered
User Data”), unless otherwise specifically instructed by a Diet Typing Systems, LLC
Representative or Affiliate to protect personal and sensitive data, and to maintain and
promptly update the Registered User Data and any other information you provide to us,
to keep it accurate. Without limiting any other provision of these Terms & Conditions, if
you provide any information that is untrue, inaccurate, or incomplete, or we have
reasonable grounds to suspect that such is the case, we reserve the right to suspend or
terminate your User account and refuse any and all current or future use of our Website
(or any portion thereof). You agree not to assign, transfer or sublicense your rights as a
Registered User of this Website. You further agree not to register for more than one
account, create an account on behalf of someone else, or create a false or misleading
identity on this Website.
5. Privacy
We are committed to protecting your privacy and security. For more information, you
should review our Privacy Policy which is incorporated into these Terms & Conditions
by this reference.
6. User Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this
Website, whether posted at our request or voluntarily, and whether publicly posted or
privately transmitted (collectively, the “Postings”), are the sole responsibility of the
person or User who made such Postings. This means that you are entirely responsible
for all Postings that you post, email or otherwise transmit to this Website. We do not
control the Postings posted, emailed or otherwise transmitted on our Website by others
and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.
Although we have adopted community standards and conduct guidelines for the Users
of our Website (as described below), you understand that by using this Website, you
may be exposed to Postings that are offensive or objectionable. Under no
circumstances will we be liable in any way for any Postings (other than for Content
developed by us), including, but not limited to, for any errors or omissions in any
Postings, or for any loss or damage of any kind incurred as a result of the use of any
Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any User Community Areas) to:
• Upload, post, email or otherwise transmit any Postings or other materials that are
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable (in our sole discretion);
• Harm minors in any way, or solicit or otherwise attempt to gain any information
from a minor;
• Impersonate any person or entity, including, but not limited to any user of this
Website, a director, officer, employee, shareholder, agent or representative of
Diet Typing Systems, LLC, our Affiliates or any other person or entity, or falsely
state or otherwise misrepresent your affiliation with Diet Typing Systems, LLC, or
our Affiliates or any other person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Postings or other materials transmitted to or through this Website;
• Upload, post, email or otherwise transmit any Postings or other materials that are
not your own, or that you do not have a right to upload, post, email or otherwise
transmit under any law or under contractual or fiduciary relationships (such as
insider information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any Postings or other materials that
infringe upon any patent, trademark, trade secret, copyright, right of privacy or
publicity or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of commercial solicitation, except in those areas, if
any, that are specifically designated for such purpose;
• Upload, post, email or otherwise transmit any Postings or other materials that
contain software viruses, or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other
Users of a Community Area (or other portion of this Website) are able to type, or
otherwise act in a manner that negatively affects or otherwise diminishes the
quality of another User’s experience of this Website;
• Interfere with or disrupt this Website or servers or networks connected to this
Website, or disobey any requirements, procedures, policies or regulations of
networks connected to the Website;
• Intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, any regulations having the force of
law;
• “Stalk” or otherwise harass another user or employee of this Website; or
• Solicit, collect or post personal data or attempt to solicit, collect or post personal
data about other Users of the Website, including User names or passwords; or
Access or attempt to access another User’s account without his or her consent;
Except as may otherwise be provided in our Privacy Policy, all Community Area
communications, including, but not limited to, chat, message board, blog, groups, and
profile communications, are public and not private communications. We reserve the
right to monitor some, all, or no areas of this Website (including any Community Area)
for adherence to the community standards and conduct guidelines set forth above or for
any other purpose. You acknowledge that by providing you with the ability to distribute
Postings in the Community Areas, we are acting as a passive conduit for such
distribution and we are not undertaking any obligation or liability relating to any Postings
or activities in any Community Area, nor do we endorse any such Postings. Although we
reserve the right to remove, without notice, any Posting for any reason, we have no
obligation to review Content prior to the Content’s posting or to delete Postings that you
may find objectionable or offensive. We are not responsible for maintaining a copy of
any material we remove from our Website, and we are not liable for any loss you incur
in the event that Content you post or transmit to our Website is been removed.
7. Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to us or
this Website any Content, (collectively, the “Submissions”), you grant us and our
successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license (as well as consent) to use, license, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, derive revenue
or other remuneration from, communicate to the public, perform and display any
Submissions (in whole or in part and with or without the use of your name) worldwide
and/or to incorporate the Submissions in other works in any form, media, or technology
now known or later developed, for the full term of any copyrights, trademarks and other
intellectual and proprietary rights (collectively, the “Rights”) that may exist in such
Submissions. You also warrant that, to the extent you are not the exclusive holder of all
Rights in a Submission, any third-party holder of any Rights, including moral rights in
such Submissions, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above. You further
acknowledge that we and our successors and assigns shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions. You also permit any User to access,
display, view, store and reproduce any Submission that you have made available in a
Community Area for personal use. Subject to the foregoing, the owner of a Submission
placed on this Website retains any and all Rights that may exist in such Submission.
Except as provided in our Privacy Policy, none of the Submissions shall be subject to
any obligation of confidence on our part, and we shall not be liable for any use or
disclosure of any Submissions.
8. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN
UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We
strongly recommend that children between the ages of 13 and 18 ask for their parent’s
or guardian’s permission before viewing our Website.
9. Links
These Terms & Conditions apply only to this Website, and not to the websites of any
other person or entity. We may provide, or third-parties may provide, links to other
worldwide websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not endorse
(and are not responsible or liable for) any content, advertising, products, or other
materials on or available from such websites or resources. You further acknowledge
and agree that, under no circumstances, will we be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have been caused to you
in connection with your use of, or reliance on, any content, advertisements, products or
other resources available on any other website (regardless of whether we directly or
indirectly link to such content, advertisements, products or other resources). You should
direct any concerns with respect to any other website to that website’s administrator or
webmaster.
10. Third Party Products and Services
You may order services, merchandise, or other products through our Website from
other parties (collectively, the “Third Party Sellers”). All matters concerning the services,
merchandise and other products desired from the Third-Party Sellers, including, but not
limited to, purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Third-Party Sellers. We make no warranties or
representations whatsoever with regard to any services, merchandise, and other
products provided by the Third-Party Sellers. You will not consider us (and we will not
be construed as) a party to such transactions, whether or not we may have received
some form of revenue or other remuneration in connection with such transactions, and
we will not be liable for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transactions.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We
may, in appropriate circumstances and in our discretion, terminate the rights of any
User to use our Website (or any part thereof) who infringes the intellectual property
rights of our Affiliates, or others. The Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe that your work
has been copied in a way that constitutes copyright infringement or are aware of
someone doing so, please contact us and include the following information
• a physical or electronic signature of the owner of the copyright or a person
authorized to act on behalf of the owner;
• identification of the copyrighted work claimed to have been infringed (or if
multiple copyrighted works located on this website are covered by a single
notification, a representative list of such works);
• identification of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow us to locate the
material on our Website;
• your name, mailing address, telephone number and email address;
• a statement by you that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent or
the law; and
• a statement by you that the information in your notification is accurate, and that
you attest under penalty of perjury, that you are the copyright owner or that you
are authorized to act on the copyright owner’s behalf. If you believe in good faith
that a notice of copyright infringement has been wrongly filed against you, the
DMCA permits you to send us a counter-notice. Notices and counter-notices with
respect to this website should be sent to our designated agent for notice of
claims of copyright infringement: Mark Anthony, Diet Typing Systems, LLC,
1004 Beverley Road, Ground Floor, Brooklyn, NY 11218
12. Password and User Security
If you are a Registered User of this Website, you are entirely responsible for maintaining
the confidentiality of your password and User Account information. You agree to notify
us immediately in the event of any known or suspected unauthorized use of your User
account, or any known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your or anyone else’s password. You are entirely responsible
for any and all activities which occur under your User account. You agree to
immediately notify us of any unauthorized use of your User account or any other breach
of security known to you.
14. Health Disclaimer
Diet Typing Systems, LLC makes no warranties as to the accuracy of our theories or the
validity of our recommendations, nutritional or otherwise, since they have not been
scientifically confirmed by the FDA. We provide information based on our years of
experience and positive results that were observed in our clients. Certain persons
considered experts may disagree with one or more of our concepts or
recommendations.
Our purposes are to inform and to educate only. We assume no responsibility for the
correct or incorrect use of our information. The information we provide and the
recommendations that we make should not be used to, nor are they intended to, nor do
they in fact diagnose, treat, cure or mitigate any specific health problem.
Diet Typing Systems, LLC accepts no liability for the effects that changes in exercise,
diet, nutrition or supplements may cause in any client. A physician should be consulted
BEFORE any such changes are made.
If laboratory tests are recommended to clients, it is the clients’ responsibility to deliver
all laboratory test results, now and in the future, to the clients’ personal physician for
any medical interpretation. Any interpretation of laboratory tests results that are made
by Diet Typing Systems, LLC are to be construed as nutritional interpretations only.
They are not diagnostic, therapeutic or prognostic in nature.
Diet Typing Systems, LLC, our lab partners, independent representatives, associates
and affiliates accept no liability for any failure to identify any disease or medical
condition. Laboratory tests and questioning are used only for the purpose of guiding us
to the right type and volume of nutritional information to provide to the client based on
the client’s profile.
Diet Typing Systems, LLC disclaims all warranties of merchantability and
warranties of fitness for a particular purpose, including, without limitation, the
conditions implied by law of satisfactory quality, and the use of reasonable care and
skill. The Company makes no warranties of any kind with respect to the accuracy,
completeness, timeliness or reliability of information provided, whether that information
is provided by Diet Typing Systems, LLC, its agents, or visitors to the company’s
website.
BY USING THIS WEBSITE AND ASSOCIATED QUESTIONNAIRE I HEREBY AGREE
TO THE ABOVE STATEMENT AND UNDERSTAND THAT THE PURPOSE OF THE
DIET TYPING SYSTEMS PROGRAM IS SOLELY TO PROVIDE INFORMATION
CONCERNING MY INDIVIDUAL LIFESTYLE. I FURTHER UNDERSTAND THAT ANY
RECOMMENDATIONS MADE ARE IN NO WAY INTENDED TO, NOR DO THEY IN
FACT DIAGNOSE, CURE, TREAT, MITIGATE OR PREVENT ANY SPECIFIC
ILLNESS OR DISEASE.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER DIET TYPING
SYSTEMS, LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS
WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS
WEBSITE IS DONE AT YOUR SOLE 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 PRODUCT,
OFFERING, CONTENT OR MATERIAL. NEITHER DIET TYPING SYSTEMS, LLC,
ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE
LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE
TERMS & CONDITIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO
USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON
THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C)
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 THIS WEBSITE; (D) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F)
ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR
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 OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS
WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE
INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND
DIET TYPING SYSTEMS, LLC AND OUR AFFILIATES, AND OUR AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS AND
REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEYS FEES AND EXPENSES) ARISING FROM YOUR IMPROPER USE OF
THIS WEBSITE OR OUR PRODUCTS OR OFFERINGS, YOUR VIOLATION OF
THESE TERMS & CONDITIONS, OR YOUR INFRINGEMENT, OR THE
INFRINGEMENT OR USE BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
18. Governing Law and Choice of Forum
THESE TERMS & CONDITIONS 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
YOUR USE OF THIS WEBSITE OR THESE TERMS & CONDITIONS SHALL BE
FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN SANTA BARBAR
COUNTY IN THE STATE OF CALIFORNIA AND YOU HEREBY CONSENT AND
SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE
PURPOSES OF LITIGATING ANY SUCH ACTION.
19. Miscellaneous Terms
IN ANY ACTION AGAINST US ARISING FROM THE USE OF THIS WEBSITE, THE
PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL LEGAL EXPENSES
INCURRED IN CONNECTION WITH THE ACTION, INCLUDING BUT NOT LIMITED
TO ITS COSTS, BOTH TAXABLE AND NON-TAXABLE, AND REASONABLE
ATTORNEY’S FEES.
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 &
CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN YOU AND US RELATING
TO THE SUBJECT MATTER HEREIN.
WE MAY ASSIGN OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS &
CONDITIONS. THESE TERMS & CONDITIONS WILL INURE TO THE BENEFIT OF
OUR SUCCESSORS, ASSIGNS AND LICENSEES. THE FAILURE OF EITHER
PARTY TO INSIST UPON OR ENFORCE THE STRICT PERFORMANCE OF THE
OTHER PARTY WITH RESPECT TO ANY PROVISION OF THESE TERMS &
CONDITIONS, OR TO EXERCISE ANY RIGHT UNDER THE TERMS & CONDITIONS,
WILL NOT BE CONSTRUED AS A WAIVER OR RELINQUISHMENT TO ANY EXTENT
OF SUCH PARTY’S RIGHT TO ASSERT OR RELY UPON ANY SUCH PROVISION
OR RIGHT IN THAT OR ANY OTHER INSTANCE; RATHER, THE SAME WILL BE
AND REMAIN IN FULL FORCE AND EFFECT.