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PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
“The Stagecoach” SITE. By using the “Stagecoach” website, you signify your
agreement to these terms of use. If you do not agree to these terms of use,
please do not use the “Stagecoach” website. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms at any
time. Please check these terms periodically for changes. Your continued use
of this “Stagecoach” website following the posting of changes to these terms
will mean you accept those changes.
1. Ownership
All of the content of this website (which includes without limitation all
graphics, text, images, photographs, illustrations, and the design, selection
and arrangement thereof) is protected by copyright and/or trademark and/or
other proprietary intellectual property rights owned by all licensed to “Stagecoach”.
2. Limited License; Restrictions
You are granted a limited license to download the materials contained on this
website to a single personal computer, and to print a hard copy of the
materials contained on this website, solely for personal, non-commercial use,
and provided all copyright, trade mark and other proprietary notices are left
intact. In all cases “STAGECOACH” must be acknowledged as the source of the
material. Use of the materials contained on this website on any other
Internet site is strictly prohibited. The grant of this limited license is
conditional upon your agreement to and compliance with all these terms of
use. Any other use of any of the materials on this website including
reproduction (for any purposes other than those noted above), modification,
distribution, or republication, without the prior written permission of “STAGECOACH”
is strictly prohibited, and is a violation of “STAGECOACH” proprietary
rights. If you download any software from this website, the software,
including any images or files incorporated in or generated by the software,
and data accompanying the software (collectively, the “Software”) are subject
to the limited license set out above. “STAGECOACH” and/or its suppliers (as
the case may be) retain all right, title, interest and intellectual property
rights in and to the Software. You may not distribute, sell, or transmit the
Software and you are not permitted to alter, modify or adapt the Software,
including but not limited to translating, decompiling, reverse engineering,
disassembling, or creating derivative works of it.
3. Forums and Public Communication
"Forum" means a chat area, message board, or e-mail function
offered as part of “STAGECOACH” website. If you participate in any Forum
within a “STAGECOACH” website, you must not:
• defame, abuse, harass or threaten others;
• make any bigoted, hateful, or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to
commit them;
• post or distribute any material that infringes and/or violates any right of
a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language
or images;
• advertise or sell to or solicit others;
• use the Forum for commercial purposes of any kind;
• post or distribute any software or other materials that contain a virus or
other harmful component; or
• post material or make statements that do not generally pertain to the
designated topic or theme of any chat room or bulletin board.
It is our policy to respect the privacy of all customers. STAGECOACH may use
the consumer information we collect in variety of ways, subject to the terms
of our Privacy Policy.
We reserve the right to remove or edit content from any Forum at any time and
for any reason.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have
been waived.
When participating in a Forum, never assume that people are who they say they
are, know what they say they know, or are affiliated with whom they say they
are affiliated with in any chat room, message board, or other user-generated
content area. Information obtained in a Forum may not be reliable, and it is
not a good idea to trade or make any investment decisions based solely or
largely on information you cannot confirm. We cannot be responsible for the
content or accuracy of any information, and shall not be responsible for any
trading or investment decisions made based on such information.
4. Disclaimer
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. “STAGECOACH” DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT
LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAWS. IN ADDITION, “STAGECOACH” DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS
WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE
OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS.
THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF
THIS WEBSITE.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from “STAGECOACH”
website. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from any
“STAGECOACH” website or third-party content on our sites. We do not endorse
any of the merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such third-party sites
or content. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third-party,
and you hereby irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER “STAGECOACH” NOR
ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE
LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED
BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF,
OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED
THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY,
LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF “STAGECOACH”
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR
DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE
OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL
THE TOTAL LIABILITY TO YOU OF “STAGECOACH” OR ANY OF ITS DIRECTORS,
EMPLOYEES, AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND
CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
6. Indemnification
You agree to defend, indemnify and hold harmless “STAGECOACH” and its
directors, officers, employees and agents from and against all liabilities,
claims, damages, costs and expenses, including attorneys’ fees arising out
of: your use of the website; any material you post, upload, e-mail or
otherwise transmit using the site; or your violation, breach or alleged
violation or breach of these Terms of Use.
7. Links from this site
This website contains links to other Internet sites on the World Wide Web. We
provide such links for your convenience only, and we are not responsible for
the content in any site linked to or from this website. We disclaim all
warranties, express or implied as to the accuracy, legality, reliability or
validity of any content on any other such site, and that such sites will be
free of viruses or other harmful elements.
8. Termination
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of “STAGECOACH” website and
destroying all materials obtained from any and all such sites and all related
documentation and all copies and installations thereof, whether made under
these terms or otherwise. Your access to “STAGECOACH” website may be
terminated immediately without notice from us if in our sole discretion you
fail to comply with any term or provision of these terms. Upon termination,
you must cease use of the “STAGECOACH” website and destroy all materials
obtained from such site and all copies thereof, whether made under these
terms or otherwise.
9. General Provisions
These terms 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 these terms
shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. 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. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
10. Amending the Terms and Conditions of Use
We may add to, change or remove any part of these Terms of Use at any time,
without notice. Any changes to these Terms of Use or any terms shown on this
website apply as soon as they are shown. By continuing to use this website
after any changes are posted, you are indicating your acceptance of those
changes. It is therefore your responsibility to check these Terms of Use each
time you use this website, so that you can take note of any amendments we may
make. We may add, change, discontinue, remove or suspend any other content
displayed on this website, including features and specifications of products
and services described or depicted on the website, temporarily or
permanently, at any time, without notice and without liability.
11. Governing Law
Those who choose to access this website do so at their own risk and on their
own initiative and are responsible for compliance with all applicable local
laws. These terms shall be governed by and construed in accordance with the
California State Laws. Any dispute under these terms shall be subject to the
exclusive jurisdiction of the courts of California (subject to appeal) and,
by using this website, you hereby submit to the jurisdiction of such courts
for such purposes and waive any and all objections as to jurisdiction or
venue in such courts.
12. Miscellaneous
Any waiver of any provision of these terms must be in writing signed by “STAGECOACH”
to be valid. A waiver of any provision hereunder shall not operate as a
waiver of any other provision, or a continuing waiver of the same provision
in the future. If any court of competent jurisdiction finds any provision of
these terms to be void or unenforceable for any reason then such provision
shall be ineffective to the extent of the court’s finding without affecting
the validity and enforceability of any remaining provisions. These terms
represent the entire understanding and agreement between the parties relating
to the subject matter herein and supersede any and all prior statements,
understandings or agreements whether oral or written, and shall not be
modified except in writing, signed by you and “STAGECOACH”.
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