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GENERAL
TERMS AND CONDITIONS OF USE OF PRODUCTS
These pages state the General Terms
And Conditions ("Terms and Conditions") under which you agree to use these
forbidden information CD's for sale through forbidden411.com. (the "CD's"). Please read this page carefully, as it constitutes
a legally binding agreement between you and forbidden411.com. (the "Company"). In consideration of the Company's agreement to sell you
CD(s), you agree to be bound by these Terms and Conditions, and
you indicate such agreement by placing your signature at the bottom of
these Terms and Conditions. You and the Company are each referred to as
a "Party" and collectively the "Parties". YOUR ORDER FOR FORBIDDEN411 CD(S)
WILL NOT BE PROCESSED UNLESS AND UNTIL THESE SIGNED TERMS AND CONDITIONS
HAVE BEEN RETURNED TO THE COMPANY.
1. Your Representations and Warranties.
You hereby represent and warrant
that: a. You are at least eighteen (18) years of age; b. You understand
and acknowledge that the forbidden411 CD(s) are intended to be used solely for
education and entertainment purposes "ONLY" and are not intended to be used for illegal activity; and c. You will not
use the Forbidden411 CD(s) (1) for any unlawful or illegal purpose or in connection
with or in furtherance of any unlawful or illegal activity; (2) in violation
of any applicable law or regulation, (3) in a manner that will, or is likely
to, infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the right of privacy, publicity or
other personal rights of others, or (4) any conduct or activity that is,
in the sole opinion of the Company, defamatory, indecent, obscene, offensive,
threatening, abusive, hateful, tortuous or vocative of the rights of any
other person or entity. (5)
FORBIDDEN411.COM IS NOT IN ANY WAY RESPONSIBLE FOR THE
WAY THE FOLLOWING INFORMATION IS USED. ALL MATERIALS, PRODUCTS, AND INFORMATION
WHICH THIS SOFTWARE CONTAINS, OR REFERS TO, IS FOR EDUCATIONAL AND INFORMATIONAL
PURPOSES ALONE! ANY OTHER USE MAY BE CONSIDERED ILLEGAL, AND THE AUTHORS,
DISTRIBUTORS, AND / OR PUBLISHERS OF THIS PRODUCT ARE NOT LIABLE AND THE USER,
YOU, ASSUMES ALL RESPONSIBILITY. THIS SOFTWARE, AND EVERYTHING THAT IT REFERS TO
IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. THIS INFORMATION DOES NOT IN ANY WAY
ENCOURAGE, OR SUPPORT'S HACKING. BY READING ANY FURTHER, YOU AGREE THAT YOU
ARE NOT WITH ANY FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY AND / OR ADMINISTRATION
INCLUDING BUT NOT LIMITED TO THE FEDERAL BUREAU OF INVESTIGATION, SOCIAL SECURITY
ADMINISTRATION AND THE DEPARTMENT OF IMMIGRATION. YOU ARE ALSO AGREEING THAT YOU
ARE NOT AN EMPLOYEE OF THE UNITED STATES POSTAL SERVICE OR AN EMPLOYEE OF ANY
STATE DEPARTMENT OF MOTOR VEHICLES. FURTHERMORE, YOU AGREE THAT UPON READING
THE FOLLOWING TEXT INFORMATION YOUR LOOKING FOR INFORMATION ABOUT HACKING. 'LEARNING TO
HACK' IS TO BE USED FOR LEARNING AND / OR ENTERTAINMENT REASONS ONLY AND YOU AGREE
THAT YOU WILL NOT USE THE INFORMATION WITHIN THIS SOFTWARE AVAILABLE, TO HARM ANYONE
OR USE IT TO A DESTRUCTIVE MEASURE, AND YOU AGREE THAT YOU WILL NOT USE ANY OF THIS
INFORMATION FOR ILLEGAL PURPOSES.YOU HAVE BEEN WARNED!!!!!
2. Responsibility for forbidden411 CD(s).
You shall be solely responsible
for, and the Company shall have no liability whatsoever for, any loss or
damage arising from your purchase, possession or use of any forbidden411 CD(s)
or the possession or use by any third party of any forbidden411 CD(s) purchased
by you, regardless of whether such possession or use was authorized by
you. You will defend, indemnify and hold harmless the Company, its directors,
partners, officers, employees and agents (collectively "Indemnities") against
any and all claims, liability, loss, damage, or harm (including without
limitation reasonable legal and accounting fees) suffered by such Indemnities
arising from or in connection with (I) your purchase, possession or use
of any forbidden411 CD(s), including without limitation any claims, liability,
loss, damage, harm suffered by such Indemnities arising from or in connection
with the possession or use by any third party of any forbidden411 CD(s) purchased
by you, regardless of whether such possession or use was authorized by
you, or (ii) your breach of these Terms and Conditions. You hereby release
the Indemnities from claims, demands and damages (actual and consequential,
direct and indirect) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with your purchase, possession or use of any forbidden411 CD(s) or
the possession or use by any third party of any forbidden411 CD(s) purchased
by you, regardless of whether such possession or use was authorized by
you. If you are a California resident, you waive California Civil Code
Section 1542, which states: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
3. No Warranties.
You acknowledge that the forbidden411 CD(s) are provided to you "as is", "with all faults" and "as available".
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FORBIDDEN411 CD(s)
OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY
EXPRESSLY DISCLAIMED. The Company expressly reserves the right to change
any aspect of any forbidden411 CD(s) (including without limitation the physical
appearance, materials or construction methods) at any time without notice
to you.
4. Information.
You acknowledge that the forbidden411 CD(s)
are made to order based upon the information you provide to the Company
at the time of your order. You are solely responsible for ensuring that
all such information is provided to the Company in a complete, accurate
and legible form. The Company shall have no obligation to contact you to
verify the accuracy of any information provided (including without limitation
verifying the spelling thereof) or to acquire missing or omitted information,
and the Company shall have no liability whatsoever for any errors, defects
or nonconformities in any forbidden411 CD(s) which are attributable, in whole
or in part, to your failure to provide complete, accurate and legible information.
All physical materials you submit to the Company in connection with your
order for a forbidden411 CD, including without limitation any ("Physical
Materials"), will become the property of the Company upon the Company's
receipt thereof. You are solely responsible for the physical condition
of all Physical Materials, and the Company shall have no liability whatsoever
for any errors, defects or nonconformities in any forbidden411 CD(s) arising
from damage to or defects in such Physical Materials, regardless of whether
such damage or defects arose before or after the Company¹s receipt
of the materials.
5. Refunds.
All fees received for forbidden411 CD(s)
ordered by you become nonrefundable once the Company has commenced production
of such forbidden411 CD(s); provided, however, that the Company will refund
fees in connection with defective or nonconforming forbidden411 CD(s) if: (I)
the Company receives notice in writing via electronic mail by no later
than the end of the next business day after you receive the allegedly defective
or nonconforming forbidden411 CD(s), which notice shall state with particularity
the nature of the claimed defect or nonconformity; (ii) you return the
allegedly defective or nonconforming forbidden411 CD(s) to the Company at your
expense, and the Company receives the same no later than the end of the
fifth calendar day after you receive such forbidden411 CD(s); and (iii) the
Company reasonably determines that such claimed defect or nonconformity
exists and is attributable solely to acts or omission of the Company which
the Company has retained responsibility for hereunder.
6. Shipping.
All forbidden411 CD(s) will be shipped
to you via the shipping method set forth on the Order Form; however, the
Company does not represent or warrant that the forbidden411 CD(s) will be shipped
or delivered within any specific time frame. The Company shall have no
liability for any damage suffered by you or any third party as a result
of delays in the shipping of, or damage occurring in the course of or as
a result of shipping of, any forbidden411 CD(s), even if the Company was advised
of the possibility of such damage.
7. Alteration.
You acknowledge that the following
disclaimers of authenticity are affixed to each forbidden411 CD: Not for harmful acts.
The Company shall have no liability with respect to any forbidden411 CD,
which has been altered in any way, including without limitation
removal, deletion, and defacement or obscuring of the aforementioned disclaimers.
You will defend, indemnify and hold harmless the Indemnities against any
and all claims, liability, loss, damage, or harm (including without limitation
reasonable legal and accounting fees) suffered by such Indemnities arising
from or in connection with alteration of any forbidden411 CD(s) purchased by
you, including without limitation any claims, liability, loss, damage,
harm suffered by such Indemnities arising from or in connection with the
alteration by any third party of any forbidden411 CD(s) purchased by you, regardless
of whether such alteration was authorized by you.
8. Limitation on Liability.
Any other provision of this Agreement
to the contrary notwithstanding, the liability of the Company for any losses
or damage, whether direct or indirect, arising out of these Terms and Conditions
or your purchase, possession or use of any forbidden411 CD from any cause whatsoever
or in connection with the possession or use by any third party of any forbidden411 CD(s)
purchased by you, regardless of whether such possession or use was
authorized by you, including without limitation any cause of action sounding
in contract, tort or strict liability, shall be limited to actual, direct
damages incurred but in no event shall exceed the fees paid by you to the
Company for the forbidden411 CD in connection with which such liability arose.
The Company shall not be liable for lost profits or other consequential
damages, cover damages, or for any claims against you by any third party,
even if the Company was advised of the possibility of same. Under no circumstances
shall the Company be liable hereunder for special damages, general damages,
incidental damages, indirect damages, or exemplary or punitive damages.
No action arising out of this Agreement, regardless of form, may be brought
by you against the Company more than one (1) year after the cause of action
arose. This Section 8 shall survive expiration or termination of these
Terms and Conditions for any reason whatsoever.
9. General.
A. Headings.
Headings used in these Terms and
Conditions are for reference purposes only and shall not be deemed a part
of these Terms and Conditions.
B. Sever ability.
Any provision or portion of these
Terms and Conditions held or determined by a court (or other legal authority)
of competent jurisdiction to be illegal, invalid, or unenforceable in any
jurisdiction shall be deemed separate, distinct and independent, and shall
be ineffective to the extent of such holding or determination without (I)
invalidating the remaining provisions of these Terms and Conditions in
that jurisdiction, or (ii) affecting the legality, validity or enforceability
of such provision in any other jurisdiction.
C. Governing Law.
These Terms and Conditions and the
Parties' respective performances hereunder, shall be construed and regulated
in accordance with the laws of Sweden. The courts of Sweden shall have
exclusive jurisdiction over any dispute or claim arising under or by virtue
of these Terms and Conditions and you hereby consent to the personal jurisdiction
of such courts.
D. Force Majeure.
Any delay or nonperformance of any
provision of these Terms and Conditions (other than for nonpayment of amounts
due hereunder) caused by conditions beyond the reasonable control of the
performing Party shall not constitute a breach of these Terms and Conditions,
and the time for performance of such provision shall be deemed to be extended
for a period equal to the duration of the conditions preventing performance.
E. Assignment.
You may not assign any portion of
these Terms and Conditions, voluntarily or involuntarily, including without
limitation by operation of law or by merger, except with the express consent
of the Company, with such consent not to be unreasonably withheld. Any
attempt to do so shall be null and void. No person or entity not a party
hereto except for Indemnities other than the Company shall have any interest
herein or be deemed a third party beneficiary hereof, and nothing contained
herein shall be construed to create any rights enforceable by any other
person or third party except Indemnities other than the Company.
F. Entire Agreement.
These Terms and Conditions, along
with the [Order Form], constitute the entire agreement and understanding
of the Parties with respect to the subject matter hereof, and is intended
as the Parties¹ final expression and complete and exclusive statement
of the terms thereof, superseding all prior or contemporaneous agreements,
representations, promises and understandings, whether written or oral.
G. Binding Agreement.
These Terms and Conditions shall
be binding upon and inure to the benefit of the Parties and their respective
legatees, distributees, legal representatives, successors and permitted
assigns.
H. Arbitration.
Any controversy or claim arising
out of or related to these Terms and Conditions or the breach thereof shall
be settled by binding arbitration in Sweden,
and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof.
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