CALIFORNIA DIAMOND GAS STATION TERMS AND CONDITIONS OF SITE
This ("Site") is for your personal entertainment, information and
communication. Please feel free to browse the Site. The Customer
("You") may not, distribute, modify, transmit, reuse, re post, or
use the content of the Site for public or commercial purposes,
including the text, images, audio, and video without Site's written
permission. Your access to and use of the Site is also subject to
the following terms and conditions ("Terms and Conditions") and all
applicable laws. By accessing and browsing the Site, you accept,
without limitation or qualification, the Terms and Conditions and
acknowledge that any other agreements between you and the Site are
superseded and of no force or effect. If you do not agree to these
Terms and Conditions, do not submit information to, or access
information from, the Site.
Disclaimer
Your use of and browsing in the Site are at your risk. Neither the
Site nor any other party involved in creating, producing, or
delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your
access to, or use of, the Site. Without limiting the foregoing,
everything on the Site is provided to you "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE SHALL NOT BE
LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS,
COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES)
INCURRED BY CUSTOMER INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL
MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE
OR DISRUPTION TO CUSTOMER. IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL,SPECIAL OR EXEMPLARY DAMAGES ARISING
OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE
WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
THE SITE WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR
IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS
ANTICIPATED BY THE PARTIES, A DELAY IN SUBMITTING A BID BY YOU, OR
IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS
INTENDED. THE SITE MAKES NO REPRESENTATIONS THAT THE OPERATION OF
ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
CALIFORNIA DIAMOND GAS STATION also assumes no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your
computer equipment or other property on account of your access to, use
of, or browsing in the Site or your downloading of any materials, data,
text, images, video, or audio from the Site.
While the Site uses reasonable efforts to include accurate and up to
date information in the Site, the Site makes no warranties or
representations as to its accuracy. The Site assumes no liability or
responsibility for any errors or omissions in the content of the
Site. The Site also has not reviewed all of the content within and
any external sites linked to the Site and is not responsible for the
content of any on-site and off-site pages or any other sites linked
to the Site. Your visits to the Site and any other off-site pages or
other sites is at your own risk.
Any information on the Site may not be construed as professional or
business advice and the Site is not responsible for the information
and the accuracy of the information provided on the Site. The Site
does not explicitly recommend hiring of any consultant/consulting
service of an advertiser, or the purchase of any products advertised
on the website. Although the Site may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards,
and the like on the Site, the Site is under no obligation to do so
and assumes no responsibility or liability arising from the content
of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the
Site. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate
any law. The Site will fully cooperate with any law enforcement
authorities or court order requesting or directing the Site to
disclose the identity of anyone posting any such information or
materials.
Indemnity
You agree to indemnify and hold harmless The Site, and its
affiliates, officers, agents, co-branders or other partners, and
employees from any third party claim or demand (including actual
attorneys' fees) due to or relating to your use of The Site, your
violation of these Terms of Service, or content you submit to or
post on The Site including, without limitation, claims for
infringement of copyright or other intellectual property rights and
violation of rights of privacy and publicity.
Intellectual Property
You should assume that everything you see or read on the Site is
copyrighted by law and unless otherwise noted and may not be used
except as provided in these Terms and Conditions or in the text on
the Site without the explicit written permission of the Site. The
Site neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties not
owned by or affiliated with the Site.
Any information you post on the Site, any communication or material
you transmit to the Site by electronic mail or otherwise, including
any data, advertisements, listings, questions, comments,
suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary,unless otherwise specifically
identified. Anything you transmit or post may be used by the Site or
its affiliates for any purpose, including, but not limited to,
reproduction,disclosure, transmission, publication, broadcast and
posting. Furthermore,the Site is free to use any information, ideas,
concepts, know-how, or techniques contained in any communication you
send to the Site for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products or services using
such information.
Images of people or places displayed on the Site are either the
property of, or used with permission by, the Site. The use of these
images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions or
specific permission provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and
statutes.
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site, are registered and unregistered
Trademarks of the Site and others. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Site without
the written permission of the Site or such third party that may own the
Trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site, except as
provided in these Terms and Conditions, is strictly prohibited. You
are also advised that the Site will aggressively enforce its
intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
Breach of Terms and Conditions
The fact that you have visited the Site legally binds you to the
Terms and Conditions of the Site and we encourage you to read the
entire document. If you do not agree to these Terms and Conditions,
do not submit information to, or access information from, the Site.
Breach of these Terms and Conditions will result in legal action
under local laws and international treaties. The Site, may at any
time revise the contents and these Terms and Conditions by updating
this page. You are bound by any such revisions and should therefore
periodically visit this page to review the current Terms and
Conditions.