Stansport's Terms and Conditions of Use
Stansport
Web site (the "Site") is provided by Standard Sales Inc. to you ("you"
or "User") subject to the following Terms and Conditions (the "T&C's")
and any operating rules or policies that may be published from time to
time by Stansport.
CHANGES
TO THE T&C's
Stansport may, in its sole discretion, change, add or remove any portion
of the T&C's, at any time, by posting new T&C's to the Site. Your continued
use of the Site after such changes are posted will constitute your agreement
to such changes.
MODIFICATIONS
TO SITE
Stansport reserves the right, for any reason, in its sole discretion,
to terminate, change or suspend any aspect of the Site, including, but
not limited to, content, features or hours of availability. Stansport
may impose limits on certain features of the Site or restrict your access
to part or the entire Site without notice or penalty.
MONITORING
You agree that Stansport has the right, but not the obligation, to monitor,
edit, disclose, refuse to post, or remove at any time, for any reason
in its sole discretion, any material and content anywhere on the Site,
including but not limited to bulletin boards, e-mail and other forums.
Notwithstanding this right, Stansport does not and cannot review all materials
posted to the Site by Users and Stansport is not responsible for any such
materials posted by Users.
DISCLAIMER
OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. STANSPORT DOES NOT WARRANT THAT THE
SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY,
SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
ANY PRODUCTS YOU MAY PURCHASE THROUGH THE SITE OR FROM OTHER WEB SITES
YOU MAY LINK TO FROM THE SITE ARE "AS IS" AND STANSPORT MAKES NO WARRANTY
OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS
SOLD. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE PRODUCTS YOU PURCHASE
THROUGH STANSPORT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL STANSPORT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO EVEN IF STANSPORT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF STANSPORT TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT
OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
INDEMNIFICATION
You shall indemnify, defend and hold Stansport, its officers, directors,
employees and agents (collectively, the "Indemnified Parties"), harmless
from and against any and all claims, losses, damages, liabilities, judgments
and fees and expenses related thereto (including, without limitation,
reasonable attorneys' fees), incurred by an Indemnified Party in connection
with any claims arising out of, based upon or resulting from any breach
or violation by you of the T&C's or any use by you of the Site or as a
result of a dispute with another User. Stansport reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not in any
event settle or otherwise dispose of any matter without the prior written
consent of Stansport.
TERMINATION
This Agreement constitutes a binding agreement between you and Stansport
until terminated by you or Stansport, which Stansport may do at any time,
without notice, in Stansport sole discretion. If you become dissatisfied
with the Site, in any way, your only recourse is to immediately discontinue
use of the Site.
CHOICE
OF LAW/DISPUTE RESOLUTION
This Agreement shall be governed by and in accordance with the laws of
the State of California, without regard to conflicts of laws provisions.
Any controversy involving Stansport arising from or in any way related
to the T&C's or your use of the Site shall be heard in the appropriate
State or Federal court in Los Angeles County, California State and you
irrevocably consent to the jurisdiction of such courts.
NOTICES
AND DISCLOSURES
Except as explicitly stated otherwise, any notices shall be given by e-mail
to, in the case of Stansport, User, to the e-mail address you provide
to Stansport. Notice shall be deemed given 24 hours after e-mail is sent,
unless the sending party is notified that the e-mail address is invalid.
GENERAL
PROVISIONS
If any provision of the T&C's is held by a court of competent jurisdiction
to be invalid or unenforceable, then such provision shall be enforced
to the maximum extent permissible so as to effect the intent of the T&C's,
and the remainder of the T&C's shall continue in full force and effect.
The failure by either you or Stansport to exercise or enforce any rights
or provisions of the T&C's shall not constitute a waiver of such right
or provision. You agree that any cause of action arising out of or related
to the Site or the T&C's must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred.
The Agreement comprises the entire agreement between you and Stansport
and supersedes all prior agreements between the parties, regarding the
subject matter contained herein. All provisions in the T&C's regarding
representations and warranties, indemnification, disclaimers and limitations
on liability shall survive any termination of the T&C's.
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