Terms of Use - davidji

Terms of Use

Please read these terms of use (“Terms”) before using the sites because they affect your legal rights and obligations.   These terms constitute legally binding terms and govern your use of davidji.com, store.davidji.com (hereinafter “the sites”).  These Terms and any additional Terms and conditions contained in the sites apply to you.  Any updates to the Terms will apply to you prospectively, so you should check back each time you return to any site for any updates.  You agree that we may give you notices of news, revised or changed terms and other important matters by posting notice or a link on the home page of the sites, or in another reasonable manner, and we may contact you by mail or email sent to the address you provide.  No confidential, fiduciary or any other special relationship is created with you by virtue of your use of any site or your communications to the site or through or related to the sites.  By using the sites, you further agree that we may alter or modify the settings or configurations on your internet devise in order to allow for or optimize your use of the sites.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS CONTAINED HEREIN, DO NOT USE THE SITES.

Ownership of Site Materials:

We or our affiliates own, control or license the materials available on the sites, and the materials on the sites are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules regulations and international treaties.  No rights (either by implication, estoppels or otherwise) are granted to you.  Your use of the sites does not grant to you any rights to any content, code, or materials you may access on or though the sites.  Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited, unless you have received the express prior written permission from the site’s authorized personnel.

Copyright/Trademarks:

The entire content of the sites are copyrighted under the United States copyright laws and or similar laws of other jurisdictions.  The materials may not by copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written approval from the site’s authorized personnel.    You further agree not to display or use in any manner any materials or marks, without express prior written permission from the site’s authorized personnel.  Any unauthorized use of the materials in the sites is prohibited.  You agree to abide by any and all additional trademark and copyright signs, notices, information or restrictions contained in any part of the sites.

Medical and Therapeutic Disclaimer:

Information provided in the sites is for general informational purposes only and is not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment.  You should not use this information to diagnose or treat any health issues, illnesses or diseases.  The sites are not providing any medical or therapeutic advice.  If you have or suspect you have a health or therapeutic problem, you should consult with your doctor or therapist.

Disclaimer of Warranties:

The sites, including without limitations, the materials, are provided on an “as is”, “as available” and “without all faults” basis to the fullest extent permissible by law.  The sites, and owners, employees, directors, officers, members, shareholders, agents, vendors, and contractors of the sites (collectively “the davidji SweetSpot Productions parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the sites; (b) the materials on or provided through the sites; (c) the downloadable items, (d) user content; (e) the functions made accessible on or thought the sites; (f) any products, services or instructions offered or referenced at the sites; and or (g) security associated with the transmission or information transmitted to or from the sites.  In addition, the sites and davidji SweetSpot Productions parties hereby disclaim all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The sites and davidji SweetSpot Productions parties do not represent or warrant that the sites or the functions contained therein will be error free or uninterrupted, that defects will be corrected, or that the sites or the server that makes the sites available be free from any harmful components, including without limitation, viruses or other malware.  The sites and davidji SweetSpot Productions parties do not make any representation or warranties that the information on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise.  The sites and davidji SweetSpot Productions parties do not warrant that your use of the sites is lawful in any particular jurisdiction, and specifically disclaim such warranties.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdiction’s law is applicable to these terms.

General Disclaimer:

The sites and davidji SweetSpot Productions parties do not recommend, endorse or make any representations about the efficacy, appropriateness or suitability of any products, downloads, services, opinions, treatment, advice or any other information from providers or referrals that may be contained or available through the sites.  The sites and davidji SweetSpot Productions parties are not responsible for any product, download, service, opinion, treatment, advice, or any other information that you obtain through the sites.

By accessing or using the sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites.

Disclaimer of Liability:

Under no circumstances will the sites or the davidji SweetSpot Productions parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use , or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or davidji SweetSpot Productions parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.  In no event will any site or the davidji SweetSpot Productions parties be liable to you or anyone else for loss, damage or injury.  Some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.  In no event will the site or the davidji SweetSpot Productions parties’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.  Your access to and use of the sites is at your risk.  If you are dissatisfied with the sites, the materials, or anything regarding the sites, your sole and exclusive remedy is to discontinue accessing and using the sites or the materials.

Termination and Modification:

The sites reserve the right to terminate your access to and use of the sites, in its sole discretion, without notice and liability, including without limitation, if the site believes your conduct fails to conform with these Terms.  The sites also reserve the right to investigate suspected violations of these Terms.  Any violation of these Terms, may be referred to law enforcement authorities.

The sites reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any materials, downloads or programs available on the sites without limitations, including the cessation of all activities associated with the sites, with or without notice.  You agree that the sites and davidji SweetSpot Productions parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.

Governing Law:

These terms and the interpretation of these terms will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable.  You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the sites, the use or access thereof, or these terms must be in the federal courts located in San Diego, California, or Orange County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the federal courts located in San Diego, California, or Orange County, California, for any such legal proceeding, any cause of action or claim you claim you have with respect to any sites.

Dispute Resolution/Mediation/No Class Relief:

If any controversy, allegation or claim arises out of or relates to the sites, the materials, your use of the sites, and these Terms, (collectively, “Dispute”), or to any of the sites actual or alleged intellectual property rights (an “excluded dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolution of it.  If we do not have a current address for you then , then we have no obligation under this section.  Your notice to us must be sent to davidji SweetSpot Productions, Attn:  General Counsel, 2737 Abejorro Dr., Carlsbad, CA  92009.  For a period of sixty days from the date of receipt of notice from the other party, the sites or the davidji SweetSpot Productions parties will engage in a dialogue in order to attempt to resolve the dispute or excluded dispute though nothing will require either party to resolve the dispute or excluded dispute on terms with respect to which you and the sites or the davidji SweetSpot Productions parties, in each of our sole discretion are not comfortable.

If we cannot resolve a dispute as set forth above within sixty days of receipt of the notice, then either you or we must submit the dispute to formal mediation in San Diego, California, or Orange County, California, administered by the Judicial Arbitration Mediation Services (JAMS), or Judicate West.  The mediation shall be conducted by a mediator agreed on by the parties no later than ninety days from the notice of dispute.  If the parties are unable to timely select the mediator, JAMS or Judicate West, as the case may be, shall designate the mediator.  The parties must split the cost of the mediation equally.

Disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party.  But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the above section.

Except to the extent that mediation is required, any action or proceeding relating to any dispute or excluded dispute may only be instituted in federal court in San Diego, California or Orange County, California.  Accordingly, you and the sites and the davidji SweetSpot Productions parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.

This section can only be changed or terminated upon mutual written agreement.

Notices:

You agree that we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the site, or in another reasonable manner, and we may contact you by mail or e-mail sent to the address provided by you.  You agree to promptly notify us if you change your e-mail or mailing address.

Miscellaneous:

The failure of the sites and the davidji SweetSpot Productions parties to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit the sites or the davidji SweetSpot Productions parties rights with respect to such breach or any subsequent breaches.  The sites and davidji SweetSpot Productions parties may assign their rights and duties under these Terms to any party at any time without notice to you.  If any provision of these Terms will by unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  You agree that these Terms will not be constructed against the sites or the davidji SweetSpot Productions parties by virtue of having drafted them.  The sites reserve the right to deny access to all or part of the sites to you or any person it its sole discretion without notice or liability of any kind.

Email info@davidji.com for more information

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