Our website may not be available at all times or in all areas. We reserve the right at any time in our sole discretion, without notice or liability to you, to deny service to you, to modify or discontinue our website or the services we offer or to charge fees for the use of our website.
written consent, except to identify our products or services. Except as permitted above, no license or right, expressed or implied, is granted to any person under any of our or our licensors’ or distributors’ patents, trademarks, copyrights or other proprietary rights. Misuse of any of our or our licensors’ or distributors’ intellectual property rights is prohibited. We will aggressively enforce our intellectual property rights, including via civil and criminal proceedings.
Code of Conduct. While using our website and materials, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of our website to respect the rights and dignity of others. You agree not to:
- Restrict or inhibit any other visitor or subscriber from using our website, including, without limitation, by means of “hacking” or modifying or defacing any portion of our website;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, easter eggs, web bugs, cancelbot, “spyware,” defects, date bombs, time bombs or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other actually or potentially harmful, disruptive or invasive code or component;
- Interfere with or disrupt the operation of our website or the servers or networks that host our website or make our website available or disobey any requirements, procedures, policies or regulations of such servers or networks;
- Impersonate any person or entity, including but not limited to any of our agents or representatives, falsely state or otherwise misrepresent your affiliation with any person or
entity or express or imply that we endorse any statement you make, without our prior written
- “Frame” or “mirror” any part of our website without our prior written consent;
- Interfere with or violate any other website visitor’s or user’s right to privacy or other rights or harvest or collect information about website visitors or users without their express consent.
Our Information. Although we strive to provide materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the product descriptions and materials, the descriptions and materials may not be up-to-date, accurate or complete. Please contact us at our contact information provided on our “Contact Us” page to determine whether you have the most recent version of the materials made generally available by us. We note that even the most recent version available from us may not be up-to-date, accurate or complete.
Portions of the materials have been contributed to our website by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and we expressly disclaim any liability with respect to the foregoing.
Products and Services. If you purchase products through links on our website to our online retailer business partners, you are providing such companies with your personal information, and you should refer to such companies’ privacy policies with respect to how such information may be used. Descriptions or images of or references to products or services of third parties on our website do not imply our endorsement of such products or services. Such descriptions or references and the price and availability of any product or service are subject to change without notice.
Links. Our website contains links to other Internet websites that may or may not be owned or operated by us. We have not reviewed all of the websites that are linked to our website, and we have no
Dealings with Third Party Providers. Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services found on or through our website, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party provider. You agree that we are not responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on our website.
Jurisdictional Issues. Jurisdictional Issues. We make no representation that materials available on or through our website are appropriate or available for use in locations outside of the United States. If you choose to access our website from locations outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with applicable laws. We reserve the right to limit the availability of our website and the provision of any service, program or other product described on our website to any person, geographic area or jurisdiction, at any time and in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the materials to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other country to which the U.S. has embargoed goods or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any such list.
Termination. We may terminate your use of our website or any part of it and your membership in the Variety Club at any time and for any reason without any notice to you. Neither we nor any of our affiliates will be liable to you or any third party for any termination of your access to any part of our website.
DISCLAIMERS AND LIMITATION OF LIABILITY. OUR WEBSITE, THE MATERIALS ON OUR WEBSITE AND THE PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS OR SUPPLIERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITE OR MATERIALS CONTAINED ON OUR WEBSITE, ANY LINKED SITE OR ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE AND OUR AFFILIATES, LICENSORS, DISTRIBUTORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, AGENTS OR VISITORS, WHETHER MADE ON OUR WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING OUR WEBSITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR WEBSITE OR USE OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254, (800) 952-5210 or TDD (800) 326-2297.
Adopted October 20, 2009.