(Last Updated: March 2012)
1. THIS IS AN AGREEMENT BETWEEN YOU AND GONNAHITCHARIDE.COM
This is an agreement ("Agreement") between you and gonnahitcharide.com (or, if applicable based on where you live, one of its affiliates) ("gonnahitcharide.com"). This Agreement governs your use of any Web site or Web page operated by gonnahitcharide.com (each, a "gonnahitcharide.com web site," and collectively, the "gonnahitcharide.com web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
GONNAHITCHARIDE.COM OFFERS THE GONNAHITCHARIDE.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE GONNAHITCHARIDE.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY ; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW GONNAHITCHARIDE.COM MAY MODIFY THIS AGREEMENT
gonnahitcharide.com reserves the right to change the terms, conditions, and notices under which it offers the gonnahitcharide.com web site, including any charges associated with the use of the gonnahitcharide.com web site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any gonnahitcharide.com web site. Your continued use of the gonnahitcharide.com web site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE GONNAHITCHARIDE.COM WEB SITE
The gonnahitcharide.com web site are only for your personal use. You will not use the gonnahitcharide.com web site for commercial purposes. You will not use the gonnahitcharide.com web site in any way that is unlawful, or harms gonnahitcharide.com, its affiliates, any visitor of gonnahitcharide.com, as determined in gonnahitcharide.com sole discretion. gonnahitcharide.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a gonnahitcharide.com web site, but has no obligation to do so. You may not use the gonnahitcharide.com web site in any way that breaches any code of conduct, policy or other notice applicable to the gonnahitcharide.com web site. Without limiting the generality of this section, you may not use the gonnahitcharide.com web site in any manner that could damage, disable, overburden, or impair any gonnahitcharide.com web site (or the network(s) connected to any gonnahitcharide.com web site) or interfere with any other party's use and enjoyment of the gonnahitcharide.com web site.
4. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the gonnahitcharide.com web site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the gonnahitcharide.com web site in any way that violates the gonnahitcharide.com anti-spam policy. You may view the anti-spam policy at http://www.gonnahitcharide.com/en/privacy-policy. A breach of any part of the anti-spam Policy is a breach of this agreement. gonnahitcharide.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the gonnahitcharide.com web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the gonnahitcharide.com web site even if such e-mail does not violate the anti-spam policy.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post to forums, private messages or otherwise provide to gonnahitcharide.com related to the gonnahitcharide.com web site (a "Submission"), you grant gonnahitcharide.com permission to (1) view, use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the gonnahitcharide.com web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. gonnahitcharide.com will not pay you for your submission. gonnahitcharide.com may remove your submission at any time. For each submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, gonnahitcharide.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this agreement, and protecting the rights, property, and interests of the gonnahitcharide.com.
6. INFORMATION AVAILABLE FROM THE GONNAHITCHARIDE.COM WEB SITE
gonnahitcharide.com do not warrant or guarantee the accuracy or timeliness of any information available from the gonnahitcharide.com web site, even if such information appears in any e-mail, pager, cell phone or other alerts available through the gonnahitcharide.com web site. gonnahitcharide.com do not authorize the use of information available from the gonnahitcharide.com web site, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
7. GONNAHITCHARIDE.COM MAKES NO WARRANTY
GONNAHITCHARIDE.COM PROVIDES THE GONNAHITCHARIDE.COM WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GONNAHITCHARIDE.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE GONNAHITCHARIDE.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE GONNAHITCHARIDE.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY GONNAHITCHARIDE.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE GONNAHITCHARIDE.COM WEB SITE, EVEN IF SUCH GONNAHITCHARIDE.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE GONNAHITCHARIDE.COM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GONNAHITCHARIDE.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE GONNAHITCHARIDE.COM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GONNAHITCHARIDE.COM WEB SITE.
9. CHANGES TO THE GONNAHITCHARIDE.COM WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE GONNAHITCHARIDE.COM PARTIES MAY CHANGE THE GONNAHITCHARIDE.COM WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the gonnahitcharide.com web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by gonnahitcharide.com and persons other than gonnahitcharide.com (any such person is referred to as a "Third Party").
WITHOUT LIMITING THE GENERALITY, YOU ACKNOWLEDGE AND AGREE THAT THE GONNAHITCHARIDE.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY, YOU ACKNOWLEDGE AND AGREE THAT GONNAHITCHARIDE.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GONNAHITCHARIDE.COM WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE GONNAHITCHARIDE.COM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GONNAHITCHARIDE.COM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE GONNAHITCHARIDE.COM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
10. TERMINATION; ACCESS RESTRICTION
gonnahitcharide.com may terminate this agreement, or terminate or suspend your access to the gonnahitcharide.com web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the gonnahitcharide.com web site will immediately cease.
UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE GONNAHITCHARIDE.COM WEB SITES MAY NOT BE RETRIEVED LATER.
If your account has been banned it may be reactivated contact the Administrator for more information.
11. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this agreement is with gonnahitcharide.com, claims for enforcement, breach or violation of duties or rights under this agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this agreement is with a affiliate, claims for enforcement, breach or violation of duties or rights under this agreement will be adjudicated under the laws of the place of incorporation for such affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject gonnahitcharide.com web site are directed. If this Agreement is with gonnahitcharide.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California, USA in all disputes arising out of or relating to the use of the gonnahitcharide.com web site. If this Agreement is with a affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such gonnahitcharide.com affiliate in all disputes arising out of or relating to the use of the gonnahitcharide.com web site.
12. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement will continue in effect. gonnahitcharide.com may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or assign, transfer or sublicense your rights, if any, in the gonnahitcharide.com web site. Except as expressly stated herein, this agreement constitutes the entire agreement between you and gonnahitcharide.com with respect to the gonnahitcharide.com web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and gonnahitcharide.com with respect to the gonnahitcharide.com web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
13. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND GONNAHITCHARIDE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GONNAHITCHARIDE.COM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the gonnahitcharide.com web site are Copyright © 2004-2012 gonnahitcharide.com, P.O. Box 69586, West Hollywood, California 90069 U.S.A. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
15. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See disclaimer for Making Claims of Copyright Infringement.