1. Acceptance. Accessing or otherwise using this Website constitutes acceptance of the terms of this Agreement by User and by parties on whose behalf or for whose benefit User accesses or otherwise uses this Website (“User’s Principals”). User represents and warrants that he or she is authorized to enter into this Agreement and bind User’s Principals to the terms of this Agreement. Unless otherwise specified, references to “User” in this Agreement shall be construed to also refer to User’s Principals.
2. Permission to Use; Limitations; Termination. Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Use of certain components of this Website may be subject to additional terms. To the extent that such additional terms provide for additional limitations or restrictions on use of this Website, such limitations and restrictions shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by Fabulous California. User agrees to comply with this Agreement as it may be modified from time to time as set forth below. User also agrees to comply with all applicable laws in connection with his or her use of this Website. Fabulous California may revoke User’s permission to use all or any part of this Website at any time for any reason in the sole discretion of Fabulous California. User’s permission to use this Website shall automatically terminate in the event that User violates this Agreement.
4. Security; Privacy. Fabulous California takes what it believes to be reasonable measures to ensure the security of information provided by or on behalf of User in connection with this Website but Fabulous California cannot guarantee such security, and Fabulous California shall not be responsible for a compromise of User information. User is responsible for maintaining the security of any passwords or other access keys provided to User for any restricted portions of this Website. Fabulous California has no obligation to store or maintain any information provided by or on behalf of User. Any information collected by Fabulous California will be subject to Fabulous California’s privacy policies as they may be modified from time to time.
5. Changes to Website; Limitation of Availability. Fabulous California may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, registration requirements, the domain name addresses through which this Website is accessible, or the equipment needed for its use, at any time and for any reason in the sole discretion of Fabulous California. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond Fabulous California’s control including failure of telecommunication links and failure of Internet infrastructure. User acknowledges and agrees that Fabulous California shall not be responsible for any interruptions of the availability of this Website.
6. Exclusive User Remedy. In the event that User is dissatisfied with any aspect of this Website, User’s sole remedy shall be to discontinue use of this Website.
7. DISCLAIMER OF WARRANTIES. THIS WEBSITE IS PROVIDED “AS-IS” WITH ALL FAULTS AND FABULOUS IOWA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, FABULOUS IOWA DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY OF USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE.
8. DISCLAIMER OF LIABILITY. NEITHER FABULOUS IOWA NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT FABULOUS IOWA IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL FABULOUS IOWA’S LIABILITY TO USER EXCEED THE FEES (IF ANY) ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.
9. Proprietary Rights; Restrictions. User acknowledges and agrees that this Website’s content (i.e., data, information, graphics, etc.), design, code, underlying technology and related information are proprietary to Fabulous California (or its licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by Fabulous California does not constitute a waiver of any right in such information and materials. This Agreement does not provide User with any right or interest in Fabulous California’s proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by Fabulous California (or its licensors or vendors if applicable). Except to the extent express written permission is given by Fabulous California, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, and shall not access or attempt to access any of Fabulous California’s systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to User to view, print or download information on this site that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. Fabulous California reserves the right to disapprove any links to this Website, in which event such links shall be immediately removed. Trademarks appearing on this site are trademarks of Fabulous California or others and may not be used without the express written permission of their respective owners. If User believes that any content or other aspects of this Website infringe on or otherwise violate the rights of others, User should provide notice to Fabulous California via email at the following address: [email protected], in which event Fabulous California will determine whether to investigate the matter further.
10. Choice of Law and Forum; Attorneys Fees. This Agreement is governed by the laws of the State of California. User hereby expressly consents and agrees to non-exclusive jurisdiction and venue in Maricopa County, California with respect to any litigation arising out of or relating to this Agreement. In the event Fabulous California is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Agreement with respect to User, User shall reimburse Fabulous California for such attorneys’ fees and expenses.
11. Severability of Provisions. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly.
12. Integration. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof. Oral statements shall be of no binding effect. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of Fabulous California.
13. Modification. Fabulous California may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. User agrees to review this Agreement from time to time regarding any changes. Any use of this Website after Fabulous California’s posting of any such changes shall constitute User’s acceptance of this Agreement as modified.
14. Interpretation. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against any party. When used in this Agreement, the terms “include” or “including” means “including but not limited to.” The headings in this Agreement are inserted for convenience; the provisions of this Agreement shall control.