Terms Of Use

We suggest that you carefully read the Terms of Use before using this Website.  By accessing and using this Website you indicate your acknowledgement and acceptance of these Terms of Use, as it is a legally binding agreement.  If you do not agree with the Terms of Use, you should not use this Website.

PARTIES TO THIS AGREEMENT

Visitors, viewers, users, or affiliates, collectively referred to as “Visitors,” are parties to this agreement.  The website and its owners and/or operators are parties to this agreement, referred to as the “Website.”  Reading and accepting the Terms of Use and the Privacy Policy of this Website are required before granting you the right to visit, read, use or interact with it.  By visiting, viewing, using, or interacting with this Website, you are agreeing to all the provisions of this Terms of Use Policy and the Privacy Policy of this Website.  By you agreeing to use this Website as required by the Terms of Use, we agree to provide you access to this Website in accordance with the Terms of Use.

PARTIES UNDER 18 YEARS OLD DENIED ACCESS

Anyone under the age of 18 is denied access to this Website.  If you are under 18 years old, it is unlawful for you to visit, read, use or interact with this Website or its contents in any manner.  This Website specifically denies access to any individual who is covered by the Child Online Privacy Act (COPA) OF 1998.

DENIAL OF ACCESS

This Website reserves the right to deny access to any person for any reason.  As laid out under the terms of the Privacy Policy, which you accept as a condition for viewing and using, this Website is allowed to collect and store data and information for the purpose of conducting its business.

USE OF WEBSITE INFORMATION

Unless you have entered into an express written contract with this Website to the contrary, visitors, viewers, users, or affiliates, have no right to use this information in a commercial or public setting.  They have no right to broadcast, copy, save, print, sell, or publish any portions of the content of this Website.  By viewing the contents of this Website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.  Visitors have no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.  Visitors agree to liquidated damages, in addition to costs and actual damages for breach of this provision.  Visitors warrant that they understand that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE

This Website and its contents are owned or licensed by the Website.  Material contained on the Website must be presumed to be proprietary and copyrighted.  Visitors have no rights whatsoever in the site content.  Use of Website content for any reason is unlawful, unless it is done with express contract or permission of the website.

HYPERLINKING, REFERENCING AND FRAMING WEBSITE PROHIBITED

Unless expressly authorized by this Website, no one may hyperlink this Website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.  You are not allowed to reference the URL (web address) of this Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ this Website.  You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.  You agree to liquidated damages, plus costs and actual damages for violating this provision.

CONTENTS DISCLAIMER

This Website disclaims any responsibility for the accuracy of the content of this Website. Visitors assume all the risk of viewing, reading, using, or relying upon this information.  Unless you have otherwise formed an express contract to the contrary with this Website, you have no right to rely on any information contained herein as accurate, reliable or correct. Visitors understand that the Website does not guarantee the accuracy or completeness of any information provided.  The Website is not responsible for any errors or omissions, or for the results obtained from the use of such information, and shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the Website.  This Website makes no such warranty.

DISCLAIMER FROM HARM

This Website assumes no responsibility for damage to computers or software of Visitors or any person the Visitors subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitors’ computer.  Visitors assume all risk of viruses, worms, loss of data, or other corrupting factors.  When Visitors download data and information from this Website, it is done at their own risk.  This Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.  Visitors access, view and interact with this Website completely at their own discretion and risk, and understand and agree that they are solely responsible for any damage or loss of data resulting from interaction with or download from this Website.

DISCLAIMER OF WARRANTIES

Visitors expressly agree that the access and use of the Website is at their sole risk.  The Website is provided on an “as is” and “as available” basis without warranty of any kind.  The Website expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose or non-infringement.  The Website makes no warranty that it will meet the Visitors’ requirements, or that it will be uninterrupted, timely, secure, or error-free.  Nor does the Website make any warranty, guarantee, representation regarding the use, or the results of the use, of this Website, its products and content in the terms of correctness, accuracy, reliability or otherwise.  The entire risk, as to the results and performance of the Website, products, or content, are assumed by the Visitors.  If the Website, its products or its content are defective, the Visitors, and not the Website, assume the entire cost of all necessary servicing, repair or correction.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this Website, and as a condition of the Website to allow their lawful viewing, Visitors forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.  The Website shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the access and use of this Website, the unavailability or malfunction of this Website, the purchase of its products, or any of the products themselves.  In addition, this limitation applies even if the Website has been advised of the possibility of such harm or damage.

INDEMNIFICATION

Visitors agree that in the event they cause damage, which this Website is required to pay for, the Visitors, as a condition of viewing, promise to reimburse this Website for all damage incurred.  In addition, Visitors agree to indemnify and hold the Website harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Visitor’s use of this Website, the violation of these Terms of Use by the Visitor, or the infringement by the Visitor of any intellectual property, or other right of any person.

SUBMISSIONS

Visitors agree as a condition of viewing, that any communication between them and this Website is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of this Website and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitors agree to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.

INTERNATIONAL USE

In recognition of the global nature of the Internet, Visitors agree to comply with all local rules regarding online conduct and to comply with all applicable laws regarding the transmission of technical data and information exported from the United States and to the country in which you reside.

INVALID PORTION

If any part of this agreement is declared invalid or unenforceable, this shall not affect the validity of any remaining portion, which shall remain in full force and effect, as if the invalid portion had been eliminated.

REVISIONS

This Website reserves the right to change this agreement at its sole discretion at any time.  Visitors have a duty, as part of the consideration for permission to view this Website, to keep informed of changes.

WEBSITE MODIFICATION

This Website reserves the right, at its sole discretion at any time, with or without notice, to modify or discontinue this Website without any liability to Visitors or any third parties.

NOTICE

No additional notice of any kind for any reason is due to the Visitors, and the Visitors expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with this Website.

APPLICABLE LAW AND JURISDICTION

The Terms of Use and the use of this Website are governed by California law.  If any matter concerning this product purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction shall be Ventura County, California.  As a consequence, Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner, ONE HAND CLAPPING, LLC.

DISPUTES

If a dispute arises under this policy, the Visitor and the Website agree to try to resolve it with the help of a mutually agreed-upon mediator in Ventura County, California.  In addition, as part of the consideration that the Website requires of the Visitor to view, use, or interact with this Site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy of any kind arising out of or relating to privacy issues, and terms of use issues.  Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to them.  All hearings will take place in Ventura County, California.  In no case do you have the right to go to court or have a jury trial, nor will you have the right to engage in pre-trial discovery except as provided in the rules.  You also will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration.  The arbitrator’s decision will final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees and travel expenses.

CONTACT

For any additional information about this policy, direct your questions, comments or concerns to:

ONE HAND CLAPPING LLC