"We", "us", "our" refer as appropriate to any person, persons, company or other entity associated in any way with this website and/or any of its contents. “You” are the person visiting, accessing and/or using this website and/or any of its contents in any way.
"Material" refers to any information on this website and/or on any of its products.
Acceptance of Terms And Conditions Through Use
1. By viewing, visiting, using or interacting with this website in any way you are signifying your agreement to all the provisions of the Terms and Conditions of Use and Privacy policies of this website. If you do not agree you must terminate your use immediately.
2. This website is not intended for persons under the age of 18 years. If you are under 18 years you must terminate your access immediately. In particular, access to any person that is covered by the Child Online Privacy Act of 1998 is specifically denied access.
Disclaimer - Use
3. None of the material should be construed or interpreted either directly or indirectly, as a promise of benefits or of results to be achieved or of suitability to meet your individual needs. If you use or apply any of the material, you do so voluntarily, assume all risk and are taking full responsibility for your actions.
4. All material is presented on an ‘as is’ basis with no representations, guarantees or warranties of any kind and no legal liability or responsibility for its accuracy, completeness or usefulness.
Limitation Of Liability
5. Under no circumstances shall we assume responsibility, or be liable to you or any another person, for any suit, action, claim, loss, or damages of any kind arising from the use or application of, or inability to use or apply, the material provided. This includes, but is not limited to, information contained on or received through this site, or any products received through this site.
6. You view, download from and interact with this website and its contents at your own risk. We assume no responsibility nor are liable to you or any other person for damages of any kind including, but not limited to, damage to computers and/or software and/or data resulting from corrupting factors.
7. This limitation applies whether or not the alleged liability is based on contract, tort, negligence, strict liability or any other basis.
8. Neither your purchase, application nor use of any of the material or any other action is intended to create or can be construed as, and cannot form, a relationship between you and us.
9 .You may be transferred to third party sites through links from this site. No inferences or assumptions should be made and no representation should be inferred that we are connected with, operate, or in any way control these sites. You acknowledge that we are not responsible for any aspect of these sites and you agree that we have no liability whatsoever from such third party sites and your usage of them.
Legal Compliance and Governing Law
10. You are responsible for compliance with all applicable domestic and international laws, statutes, ordinances and regulations.
11. These Terms and Conditions shall be governed by, interpreted and enforced in accordance with the statutes and substantive laws of the State of Victoria, Australia, without regard to conflicts of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria and any appeal courts therefrom.
12. If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed upon mediator in the location of Melbourne, Victoria, Australia. Any costs and fees, other than attorney fees, associated with the mediation proceedings will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit to binding arbitration at the location of Melbourne, Victoria, Australia. Jurisdiction upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
13. Any cause of action or claim you may have with respect to this site or its products must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any legal proceedings shall be conducted in English.
14. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
15. The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.
16. Copyright law protects all the material. No part of the material may be reproduced or transmitted in any form or by any means or by any information storage and retrieval system.
17. To the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Victoria, Australia, and you consent to exclusive jurisdiction and venue in such courts.
Modification and Changes
18. We may modify these Terms and Conditions of Use and the agreement they create, at any time, simply by updating this posting and without notice to you. Please continue to check these Terms and Conditions to see what those changes may be. Your continued use of this website means you accept the changes. This is the Entire agreement regarding all matters that have been discussed.
19. We may assign the rights and duties under this Agreement to any party at any time without notice to you.
Concerns, Queries, Complaints
20. If you have any concerns, queries, disputes or complaints about the Terms and Conditions of Use please contact us.
21. Some reviewers of this product may have been compensated for their time.
Last Update 2015-08-13