| Last Revised: August 5, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND
REMEDIES.
1. OVERVIEW
Welcome to this website (this “Site”),
which is owned and operated by CHD Domains, a/an individual (“CHD
Domains”). These Terms of Use (these “Terms
of Use”) set forth the terms and conditions of your use
of this Site and the products and services (individually and
collectively, the “Services”)
found at this Site.
Whether you are simply browsing this Site or are a CHD
Domains customer, your use of this Site signifies that you have
read, understand, acknowledge and agree to be bound by these
Terms of Use, along with the following policies and agreements,
which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to CHD Domains.
The terms “you”, “your”, “User” or “customer” shall refer to any
individual or entity who accepts these Terms of Use by using
this Site or the Services found at this Site. Nothing in these
Terms of Use shall be deemed to confer any third-party rights or
benefits.
CHD Domains, in its sole and absolute discretion, may change
or modify these Terms of Use, and any policies or agreements
which are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to
this Site. You acknowledge and agree that (i) CHD Domains may
notify you of such changes or modifications by posting them to
this Site and (ii) your use of this Site or the Services found
at this Site after such changes or modifications have been made
(as indicated by the “Last Revised” date at the top of this
page) shall constitute your acceptance of these Terms of Use as
last revised. If you do not agree to be bound by these Terms of
Use as last revised, do not use (or continue to use) this Site
or the Services found at this Site.
2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available
only to Users who can form legally binding contracts under
applicable law. By using this Site or the Services found at
this Site, you represent and warrant that you are (i) at least
eighteen (18) years of age and/or (ii) otherwise recognized as
being able to form legally binding contracts under applicable
law.
If you are agreeing to these Terms of Use on behalf of a
corporate entity, you represent and warrant that you have the
legal authority to bind such corporate entity to these Terms of
Use, in which case the terms "you", "your", "User" or "customer"
shall refer to such corporate entity. If, after your agreement
to these Terms of Use, CHD Domains finds that you do not have
the legal authority to bind such corporate entity, you will be
personally responsible for the obligations contained in these
Terms of Use. CHD Domains shall not be liable for any loss or
damage resulting from CHD Domains’s reliance on any instruction,
notice, document or communication reasonably believed by CHD
Domains to be genuine and originating from an authorized
representative of your corporate entity. If there is reasonable
doubt about the authenticity of any such instruction, notice,
document or communication, CHD Domains reserves the right (but
undertakes no duty) to require additional authentication from
you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts.
In order to access some of the features of this Site or use some
of the Services found at this Site, you will have to create an
account (an “Account”).
You represent and warrant to CHD Domains that all information
you submit when you create your Account is accurate, current and
complete, and that you will keep your Account information
accurate, current and complete. If CHD Domains has reason to
believe that your Account information is untrue, inaccurate,
out-of-date or incomplete, CHD Domains reserves the right, in
its sole and absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity that
occurs on your Account, whether authorized by you or not, and
you must keep your Account information secure, including without
limitation your customer number/login, password, payment
method(s), and shopper PIN. For security purposes, CHD Domains
recommends that you change your password and shopper PIN at
least once every six (6) months for each Account you have with
CHD Domains. You must notify CHD Domains immediately of any
breach of security or unauthorized use of your Account. CHD
Domains will not be liable for any loss you incur due to any
unauthorized use of your Account. You, however, may be liable
for any loss CHD Domains or others incur caused by your Account,
whether caused by you, or by an authorized person, or by an
unauthorized person.
Transfer of Data
Abroad. If you are visiting this Site from a
country other than the country in which our servers are located,
your communications with us may result in the transfer of
information (including your Account information) across
international boundaries. By visiting this Site and
communicating electronically with us, you consent to such
transfers.
4. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services found at this Site,
including any content you submit, will comply with these Terms
of Use and all applicable local, state, national and
international laws, rules and regulations.
- You will not impersonate another User or any other person
or entity, or submit content on behalf of another User or any
other person or entity, without their express prior written
consent.
- You will not collect or harvest (or permit anyone else to
collect or harvest) any User Content (as defined below) or any
non-public or personally identifiable information about
another User or any other person or entity without their
express prior written consent.
- You will not use this Site or the Services found at this
Site in a manner (as determined by CHD Domains in its sole and
absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in defamatory,
harassing, abusive or otherwise objectionable behavior;
- Promotes, encourages or engages in child pornography or
the exploitation of children;
- Promotes, encourages or engages in hate speech, hate
crime, terrorism, violence against people, animals, or
property, or intolerance of or against any protected class;
- Promotes, encourages or engages in any spam or other
unsolicited bulk email, or computer or network hacking or
cracking;
- Violates the Ryan Haight Online Pharmacy Consumer
Protection Act of 2008 or similar legislation, or promotes,
encourages or engages in the sale or distribution of
prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another
User or any other person or entity;
- Violates the privacy or publicity rights of another User
or any other person or entity, or breaches any duty of
confidentiality that you owe to another User or any other
person or entity;
- Interferes with the operation of this Site or the
Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan
horses or other code, files or programs designed to, or
capable of, disrupting, damaging or limiting the
functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated
or comparative claims, regarding CHD Domains or CHD
Domains’s Services.
- You will not copy or distribute in any medium any part of
this Site or the Services found at this Site, except where
expressly authorized by CHD Domains.
- You will not modify or alter any part of this Site or the
Services found at this Site or any of its related
technologies.
- You will not access CHD Domains Content (as defined below)
or User Content through any technology or means other than
through this Site itself, or as CHD Domains may designate.
- You agree to back-up all of your User Content so that you
can access and use it when needed. CHD Domains does not
warrant that it backs-up any Account or User Content, and you
agree to accept as a risk the loss of any and all of your User
Content.
- You will not use this Site or the Services found at this
Site, including any of CHD Domains’s related technologies, for
any commercial use without CHD Domains’s express prior written
consent.
CHD Domains reserves the right to modify, change, or
discontinue any aspect of this Site or the Services found at
this Site, including without limitation prices and fees for the
same, at any time.
5. YOUR USE OF CHD
Domains CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in
this Section 5 apply specifically to your use of CHD Domains
Content and User Content posted to CHD Domains’s corporate
websites (i.e., those sites which CHD Domains directly controls
or maintains). The applicable provisions are not intended to
and do not have the effect of transferring any ownership or
licensed rights (including intellectual property rights) you may
have in content posted to your hosted websites.
CHD Domains
Content. Except for User Content, the content on
this Site and the Services found at this Site, including without
limitation the text, software, scripts, source code, API,
graphics, photos, sounds, music, videos and interactive features
and the trademarks, service marks and logos contained therein (“CHD
Domains Content”), are owned by or licensed to CHD
Domains in perpetuity, and are subject to copyright, trademark,
and/or patent protection in the United States and foreign
countries, and other intellectual property rights under United
States and foreign laws. CHD Domains Content is provided to you
“as is”, “as available” and “with all faults” for your
information and personal, non-commercial use only and may not be
downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for
any purposes whatsoever without the express prior written
consent of CHD Domains. No right or license under any copyright,
trademark, patent, or other proprietary right or license is
granted by these Terms of Use. CHD Domains reserves all rights
not expressly granted in and to the CHD Domains Content, this
Site and the Services found at this Site, and these Terms of Use
do not transfer ownership of any of these rights.
User Content.
Some of the features of this Site or the Services found at this
Site may allow Users to view, post, publish, share, store, or
manage (a) ideas, opinions, recommendations, or advice (“User
Submissions”), or (b) literary, artistic, musical, or
other content, including but not limited to photos and videos
(together with User Submissions, “User
Content”). By posting or publishing User Content to this
Site or to the Services found at this Site, you represent and
warrant to CHD Domains that (i) you have all necessary rights to
distribute User Content via this Site or via the Services found
at this Site, either because you are the author of the User
Content and have the right to distribute the same, or because
you have the appropriate distribution rights, licenses,
consents, and/or permissions to use, in writing, from the
copyright or other owner of the User Content, and (ii) you do
not violate the rights of any third party.
Security.
You agree not to circumvent, disable or otherwise interfere with
the security-related features of this Site or the Services found
at this Site (including without limitation those features that
prevent or restrict use or copying of any CHD Domains Content or
User Content) or enforce limitations on the use of this Site or
the Services found at this Site, the CHD Domains Content or the
User Content therein.
6.
CHD Domains'S USE
OF USER CONTENT
The provisions in this Section 6 apply specifically to CHD
Domains’s use of User Content posted to CHD Domains’s corporate
websites (i.e., those sites which CHD Domains directly controls
or maintains). The applicable provisions are not intended to
and do not have the effect of transferring any ownership or
licensed rights (including intellectual property rights) you may
have in content posted to your hosted websites.
Generally.
You shall be solely responsible for any and all of your User
Content or User Content that is submitted through your Account,
and the consequences of, and requirements for, distributing it.
With Respect to
User Submissions. You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential
relationship or obligate CHD Domains to treat your User
Submissions as confidential or secret.
- CHD Domains has no obligation, either express or implied,
to develop or use your User Submissions, and no compensation
is due to you or to anyone else for any intentional or
unintentional use of your User Submissions.
- CHD Domains may be working on the same or similar content,
it may already know of such content from other sources, it may
simply wish to develop this (or similar) content on its own,
or it may have taken / will take some other action.
CHD Domains shall own exclusive rights (including all
intellectual property and other proprietary rights) to any User
Submissions posted to this Site, and shall be entitled to the
unrestricted use and dissemination of any User Submissions
posted to this Site for any purpose, commercial or otherwise,
without acknowledgment or compensation to you or to anyone else.
With Respect to
User Content (Other Than User Submissions).
If you have a website hosted by CHD Domains or another
service provider, you shall retain all of your ownership or
licensed rights in User Content posted to your website.
However, if you post or publish your User Content to this
Site, you authorize CHD Domains to use the intellectual property
and other proprietary rights in and to your User Content to
enable inclusion and use of the User Content in the manner
contemplated by this Site and these Terms of Use. Accordingly,
you hereby grant CHD Domains a worldwide, non-exclusive,
royalty-free, sublicensable (through multiple tiers), and
transferable license to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and
perform your User Content in connection with this Site and CHD
Domains’s (and CHD Domains’s affiliates’) business(es),
including without limitation for promoting and redistributing
all or part of this Site in any media formats and through any
media channels without restrictions of any kind and without
payment or other consideration of any kind, or permission or
notification, to you or any third party. You also hereby grant
each User of this Site a non-exclusive license to access your
User Content (with the exception of User Content that you
designate “private” or “password protected”) through this Site,
and to use, reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User Content
as permitted through the functionality of this Site and under
these Terms of Use. The above licenses granted by you in your
User Content terminate within a commercially reasonable time
after you remove or delete your User Content from this Site. You
understand and agree, however, that CHD Domains may retain (but
not distribute, display, or perform) server copies of your User
Content that have been removed or deleted. The above licenses
granted by you in your User Content are perpetual and
irrevocable. Notwithstanding anything to the contrary contained
herein, CHD Domains shall not use any User Content that has been
designated “private” or “password protected” by you for the
purpose of promoting this Site or CHD Domains’s (or CHD
Domains’s affiliates’) business(es).
7. MONITORING OF CONTENT; ACCOUNT
TERMINATION POLICY
CHD Domains generally does not pre-screen User Content
(whether posted to a website hosted by CHD Domains or posted to
this Site). However, CHD Domains reserves the right (but
undertakes no duty) to do so and decide whether any item of User
Content is appropriate and/or complies with these Terms of Use.
CHD Domains may remove any item of User Content (whether posted
to a website hosted by CHD Domains or posted to this Site)
and/or terminate a User’s access to this Site or the Services
found at this Site for posting or publishing any material in
violation of these Terms of Use, or for otherwise violating
these Terms of Use (as determined by CHD Domains in its sole and
absolute discretion), at any time and without prior notice. CHD
Domains may also terminate a User’s access to this Site or the
Services found at this Site if CHD Domains has reason to believe
the User is a repeat offender. If CHD Domains terminates your
access to this Site or the Services found at this Site, CHD
Domains may, in its sole and absolute discretion, remove and
destroy any data and files stored by you on its servers.
8. ADDITIONAL RESERVATION OF RIGHTS
CHD Domains expressly reserves the right to deny, cancel,
terminate, suspend, lock, or modify access to (or control of)
any Account or Services (including the right to cancel or
transfer any domain name registration) for any reason (as
determined by CHD Domains in its sole and absolute discretion),
including but not limited to the following: (i) to correct
mistakes made by CHD Domains in offering or delivering any
Services (including any domain name registration), (ii) to
protect the integrity and stability of, and correct mistakes
made by, any domain name registry, (iii) to assist with our
fraud and abuse detection and prevention efforts, (iv) to comply
with applicable local, state, national and international laws,
rules and regulations, (v) to comply with requests of law
enforcement, including subpoena requests, (vi) to comply with
any dispute resolution process, (vii) to defend any legal action
or threatened legal action without consideration for whether
such legal action or threatened legal action is eventually
determined to be with or without merit, or (viii) to avoid any
civil or criminal liability on the part of CHD Domains, its
officers, directors, employees and agents, as well as CHD
Domains’s affiliates.
CHD Domains expressly reserves the right to review every
Account for excessive space and bandwidth utilization, and to
terminate or apply additional fees to those Accounts that exceed
allowed levels.
9. NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be
bound by CHD Domains’s Anti-Spam Policy referenced above and
available here.
You agree CHD Domains may immediately terminate any Account
which it believes, in its sole and absolute discretion, is
transmitting or is otherwise connected with any spam or other
unsolicited bulk email. In addition, if actual damages cannot be
reasonably calculated then you agree to pay CHD Domains
liquidated damages in the amount of $1.00 for each piece of spam
or unsolicited bulk email transmitted from or otherwise
connected with your Account.
10. TRADEMARK AND/OR COPYRIGHT
CLAIMS
CHD Domains supports the protection of intellectual
property. If you would like to submit (i) a trademark claim for
violation of a mark on which you hold a valid, registered
trademark or service mark, or (ii) a copyright claim for
material on which you hold a bona fide copyright, please refer
to CHD Domains’s Trademark and/or Copyright Infringement Policy
referenced above and available
here.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain
links to third-party websites that are not owned or controlled
by CHD Domains. CHD Domains assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of
any third-party websites. In addition, CHD Domains does not
censor or edit the content of any third-party websites. By using
this Site or the Services found at this Site, you expressly
release CHD Domains from any and all liability arising from your
use of any third-party website. Accordingly, CHD Domains
encourages you to be aware when you leave this Site or the
Services found at this Site and to review the terms and
conditions, privacy policies, and other governing documents of
each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS
AND WARRANTIES
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE
SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT
THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS
IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CHD Domains, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHD
Domains, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, AND CHD Domains ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
THE SAME.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY CHD Domains, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION
ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I)
CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY
OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT
THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR
ADVICE.
THE FOREGOING
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND shall survive any
termination or expiration of these Terms of Use or your use of
this Site or the Services found at this Site.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL CHD
Domains, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY,
COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III)
THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V)
THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL
CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER
INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE,
AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, AND WHETHER OR NOT CHD Domains IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this Site or the Services found at
this Site must be commenced within one (1) year after the cause
of action accrues, otherwise such cause of action shall be
permanently barred.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall CHD
Domains’s total aggregate liability exceed the total amount paid
by you for the particular ServiceS that ARE the subject of the
cause of action.
THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or
expiration of these Terms of Use or your use of this Site or the
Services found at this Site.
14. INDEMNITY
You agree to protect, defend, indemnify and hold harmless CHD
Domains and its officers, directors, employees, and agents, from
and against any and all claims, demands, costs, expenses,
losses, liabilities and damages of every kind and nature
(including, without limitation, reasonable attorneys’ fees)
imposed upon or incurred by CHD Domains directly or indirectly
arising from (i) your use of and access to this Site or the
Services found at this Site; (ii) your violation of any
provision of these Terms of Use or the policies or agreements
which are incorporated herein; and/or (iii) your violation of
any third-party right, including without limitation any
intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any
termination or expiration of these Terms of Use or your use of
this Site or the Services found at this Site.
15. SUCCESSORS AND ASSIGNS
These Terms of Use shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
successors and assigns.
16. NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms of Use shall be deemed to confer any
third-party rights or benefits.
17. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to
the export laws, restrictions, regulations and administrative
acts of the United States Department of Commerce, Department of
Treasury Office of Foreign Assets Control (“OFAC”),
State Department, and other United States authorities
(collectively, “U.S.
Export Laws”). Users shall not export or re-export, or
allow the export or re-export of, the Services found at this
Site in violation of any U.S. Export Laws. None of the Services
found at this Site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) any
country with which the United States has embargoed trade; or
(ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Denied Persons List, or any other denied parties lists under
U.S. Export Laws. By using this Site and the Services found at
this Site, you agree to the foregoing and represent and warrant
that you are not a national or resident of, located in, or under
the control of, any restricted country; and you are not on any
denied parties list; and you agree to comply with all U.S.
Export Laws (including “anti-boycott”, “deemed export” and
“deemed re-export” regulations). If you access this Site or the
Services found at this Site from other countries or
jurisdictions, you do so on your own initiative and you are
responsible for compliance with the local laws of that
jurisdiction, if and to the extent those local laws are
applicable and do not conflict with U.S. Export Laws. If such
laws conflict with U.S. Export Laws, you shall not access this
Site or the Services found at this Site. The obligations under
this section shall survive any termination or expiration of
these Terms of Use or your use of this Site or the Services
found at this Site.
18. COMPLIANCE WITH LOCAL LAWS
CHD Domains makes no representation or warranty that the
content available on this Site or the Services found at this
Site are appropriate in every country or jurisdiction, and
access to this Site or the Services found at this Site from
countries or jurisdictions where its content is illegal is
prohibited. Users who choose to access this Site or the
Services found at this Site are responsible for compliance with
all local laws, rules and regulations.
19. GOVERNING LAW; JURISDICTION;
VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by the Uniform Domain Name
Dispute Resolution Policy referenced above and available
here, these Terms of Use shall be governed by and construed
in accordance with the federal law of the United States and the
state law of Arizona, whichever is applicable, without regard to
conflict of laws principles. You agree that any action relating
to or arising out of these Terms of Use shall be brought in the
state or federal courts of Maricopa County, Arizona, and you
hereby consent to (and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to)
jurisdiction and venue in the state and federal courts of
Maricopa County, Arizona. You agree to waive the right to trial
by jury in any action or proceeding that takes place relating to
or arising out of these Terms of Use.
20. TITLES AND HEADINGS; INDEPENDENT
COVENANTS; SEVERABILITY
The titles and headings of these Terms of Use are for
convenience and ease of reference only and shall not be utilized
in any way to construe or interpret the agreement of the parties
as otherwise set forth herein. Each covenant and agreement in
these Terms of Use shall be construed for all purposes to be a
separate and independent covenant or agreement. If a court of
competent jurisdiction holds any provision (or portion of a
provision) of these Terms of Use to be illegal, invalid, or
otherwise unenforceable, the remaining provisions (or portions
of provisions) of these Terms of Use shall not be affected
thereby and shall be found to be valid and enforceable to the
fullest extent permitted by law.
21. CONTACT INFORMATION
If you have any questions about these Terms of Use, please
contact us by email or regular mail at the following address:
CHD Domains Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
support@secureserver.net |
chd@clickheredesigns.com
Terms of Use