DISCLAIMER TERMS
Effective: October 1, 2007
Welcome to SerafineCollective.com (the "Site"). Please carefully read this Disclaimer before using this Site. By using this Site, you acknowledge and agree to this Disclaimer. The Serafine Collective ("Serafine") reserves the right to modify this Disclaimer at any time by posting the modified Disclaimer, and your continued use of the Site thereafter will constitute your agreement with such modifications.
DISCLAIMER
The materials provided on this Site are provided "as is" and without warranty of any kind, express or implied. Serafine disclaims all express and implied warranties with regard to the information and materials contained on this Site, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Serafine does not guarantee that any information on this Site is complete or "up-to-date".
INTELLECTUAL PROPERTY
All materials contained on this Site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Serafine or its affiliates.
LINKS TO OTHER SITES
This Site may include links to other Internet sites that are beyond the control of Serafine. As such, Serafine is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
LIMITATION OF LIABILITY
In no event shall Serafine, or its partners or affiliates, or contributors to this Site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against Serafine, its partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this Disclaimer Agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
INDEMNIFICATION
You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by this Disclaimer. You agree to indemnify, defend and hold harmless Serafine, its partners, affiliates and contributors from any liability, loss, claim and expense (including reasonable attorney fees) related to (i) your violation of this Disclaimer; and/or (ii) your posting or use of materials on this Site.
GOVERNING LAW AND FORUM
Any disputes that may arise concerning this Site and the information contained herein shall be governed by California Law, without regard to conflict of law principles. In the event of a dispute, viewers and users of this Site agree to participate only in arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the English language in Los Angeles, CA, USA, and shall not be joined with any dispute that any other person or entity may have with Serafine. The language of this Disclaimer shall be interpreted as to its fair meaning and not strictly against Serafine. This Disclaimer may only be amended in writing by an authorized legal representative of Serafine.
NON-WAIVER
The failure of Serafine to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.
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