|U.S. Web Names - Disclaimer and Legal Stuff|
|LIMITATION OF LIABILITY
You agree that U.S. Web Names's entire liability to you under this agreement, and your only remedy, in connection with any service provided by U.S. Web Names to you under this agreement, and for any breach of this agreement by U.S. Web Names, shall be limited to the fees you paid to U.S. Web Names for the particular service in contention.
U.S. WEB NAMES AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF U.S. WEB NAMES'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, U.S. WEB NAMES'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
U.S. WEB NAMES DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
You agree to release, defend, indemnify and hold harmless U.S. Web Names and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with U.S. Web Names whether or not on your behalf, and whether or not with your permission) use of the services provided by U.S. Web Names. Should U.S. Web Names be notified of a pending law suit, or receive notice of the filing of a law suit, U.S. Web Names may seek a written confirmation from you concerning your obligation to indemnify U.S. Web Names. Your failure to provide such a confirmation may be considered a breach of this agreement.
10. REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.
You agree that U.S. Web Names makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name, web site or hosting you register with U.S. Web Names.
U.S. Web Names expressly reserves the right to deny, cancel or any web site, domain name and hosting that it deems necessary, in its discretion, to protect the integrity and stability of the company, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of U.S. Web Names, as well as its affiliates, subsidiaries, officers, directors and employees. U.S. Web Names also reserves the right to freeze your web site, domain name, and hosting during resolution of a dispute.
It is understood that U.S. Web Names is a legitimate California company. P.O. Box 371361 Reseda, CA. 91337
11. DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12. SEVERABILITY; ENTIRETY
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and U.S. Web Names regarding the services contemplated herein.
13. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF CALIFORNIA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH U.S. WEB NAMES, THE LAWS AND JUDICIAL DECISIONS OF LOS ANGELES COUNTY, CALIFORNIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF LOS ANGELES COUNTY, CALIFORNIA.
FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH U.S. WEB NAMES, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF LOS ANGELES LOCATED IN LOS ANGELES, CALIFORNIA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT
TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.