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Terms of Use
Effective Date: July 1, 2019.

1. General

Welcome to www.ishuwa.com, (the "Site"). The Site is provided by Swanson Youniversal, LLC, ("Company" "our" "us" or "we"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Swanson Youniversal, LLC.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

By using the Site, you represent that you are at least 18 years of age or the age of majority in your state, province, or country of residence. If you are under 18 years of age or the age of majority, you may use the Site only with the consent of your parent or legal guardian subject to the Privacy Policy and Terms of Use.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.


2.0 Restrictions On Use; Intellectual Property.

All content contained on the Site (collectively, "Content"), including but not limited to, text, graphics, logos, icons, brandings, images, audio and video, music, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected by United States and international copyright laws. All software used on the Site is our property or the property of our software suppliers and protected by United States and international copyright laws.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a "Mark") contained on the Site are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Site. No Content of the Site or any other Internet site owned, operated, licensed, or controlled by us may be copied, altered, modified, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, rented, visited, or otherwise exploited for any commercial purpose. The one exception to this is that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Site; (e) accept that if a file is made available for and intended for downloading, there will be downloading instructions which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not share it without our written permission. Your use of our Site Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without our and each applicable owner's express written consent. Any unauthorized use automatically terminates the license granted to you hereunder.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party's intellectual property as part of the link without our and each such party's express written consent.


2.1 Your License To Us; Submissions, Contributions.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are at least 18 years of age or the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and as a parent you have given us your consent to allow any of your minor dependents to use this site.

In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Company from their creation. Thus, Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, in perpetuity, in all languages, as Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Company all proprietary rights, including without limitation, all copyrights and trademarks, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.


3. Disclaimer of Warranties

The content on the Site is provided "As Is" and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.

We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website.

We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal intormation). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

THE SITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED PROFESSIONAL OR A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, FINANCIAL ADVISOR, ATTORNEY, PHYSICIAN OR OTHER LICENSED MEDICAL HEALTH PROFESSIONAL. NEVER DISREGARD THE ADVICE OF A PSYCHOLOGIST, FINANCIAL ADVISOR, ATTORNEY, PHYSICIAN OR OTHER MEDICAL HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.


4. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the "Indemnified Parties"), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

5. Limitation of Liability

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.


6.0 Terms of Sale, Refunds, Membership/Subscriptions.

All purchases made on the Site are subject to Terms of Use, and section 2.0 Restrictions On Use; Intellectual Property, and this section, (the "Terms of Sale"). By placing an order for products or services from the Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.

You may not order of obtain products or services from the Site if you, (A) don't agree to these terms of sale, (B) are not the older of (i) at least 18 years of age or (ii) the legal age to form a binding contract with us, or (C) are prohibited from accessing or using the Site or any of the Site's contents, products, or services by applicable law.

In the event of any inconsistency between these Terms of Sale and our Site's Terms of Use and/or Privacy Policy, the provisions of these Terms of Sale will control.


6.1 Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.

6.2 Prices and Payment Terms.

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services, (as noted in the Section entitled "Sale of Subscription Services" below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges, (if applicable), will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Site before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Site at the time of your order.


6.3 Customer Agreed to Restrictions; Confidentiality and Limited Use.

You acknowledge that the products and services sold on the Site are the confidential and proprietary information and property of our Company or of our licensors or licensees. You hereby agree to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the Site by You, You agree you will not, nor allow others to, create derivative works from, directly or indirectly copy, reproduce, download, publicly display, publicly perform, teach to others, republish, alter, edit, modify, sell, license, rent, transmit, distribute or store any of the material or show these products and/or services to others. The restrictions in, (Section 2.0 Restrictions On Use; Intellectual Property) apply here too. "You" includes anyone who receives the products or services of the Site, even if for free.

You agree that no one may use these products and/or services in any manner without the written approval of Company except for You who has agreed that his/her use is limited to his/her own personal use. In the event You disagree with these terms, You must immediately discontinue using the products purchased from the Site. Anyone viewing or otherwise utilizing the products of the Site by such conduct is agreeing to be bound by the terms of sale set forth herein, and as such must immediately comply with the terms of this agreement. In the event that we disclose any portion of its information to the public, it should be understood that anything not publicly disclosed by us remains information that you have an obligation to protect and maintain as confidential.


6.4 Sale on Goods, Shipping.

The Site may from time to time offer a sale on tangible products ("goods") to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6.5 Returns and Refunds.

Unless a return policy for goods is posted on the Site at the time of your purchase, the sale of all goods on the Site are final and non-returnable. However, to the extent a return policy is posted on the Site at the time of your purchase, we will accept a return of any goods pursuant to such return policy. To return goods, (before shipping your goods back), you must make return arrangements with us. To do this, use our Site's 'Contact' email address.

No returns of any type will be accepted without first emailing us as specified above. You are responsible for all shipping and handling charges on returned goods. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site. If you can show that a good shipped by us was in defective condition before being given over to the carrier for shipment to you, we will accept a return of the defective good and provide a replacement to you if available, or refund your purchase price if no replacement is available.


6.6 Sale of Subscription Services.

The Site may from time to time offer optional subscription services (or subscription membership programs) for specified users ("Subscription Services"). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Site. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Site at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing, (by email to our Site's 'Contact' email address), at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable, unless expressly stated otherwise on the Site.

If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Service. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Service. You agree to submit in writing to us any disputes regarding any charge to your account, and to do this within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge. Submit your written dispute through our Site's 'Contact' email address.


6.7 Warranty and Disclaimers Relating to Purchases.

We make no guarantee that it will accomplish any particular result for you, and we will not guarantee the delivery or performance of any deliverables or services except as is expressly agreed upon in writing. All products and services offered on this Site are provided "As Is" without any warranty whatsoever, including, without limitation, any (A) warranty of merchantability: (B) warranty of fitness for a particular purpose: or (C) warranty against infringement of intellectual property rights of a third party: whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Without limiting the foregoing, you may from time to time listen to or view instructional materials and videos through the Site. You understand that every person's situation is different, and that we and our representative are not able to determine whether its instructional materials are appropriate for you. Neither the company nor any presenter of such instructional materials or information makes any claim, guarantee, or warranty that their information or programs are effective or appropriate in any certain situation. The Site's videos and materials are provided for learning purposes, but any person attempting to utilize such information and programs must rely upon his/her own judgement in determining whether, how, and in what situations to utilize the information and programs on the Site. Because every person is unique, you hereby waive any and all claims against us (and the presenter of any information on the Site) that relates in any way to the instructional material, videos, and other programs and information presented on the Site, including but not limited to any claim for negligence, gross negligence, fraud, or misrepresentation.


6.8 Third Party.

We do not manufacture or control any third-party products or third-party services offered on our Site. The availability of third-party products or services through our Site does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Site.

6.9 Limitation of Liability Relating to Purchases.

In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms of sale or the sale of products and services to you, regardless of (A) whether such damages were foreseeable, B) whether or not we were advised of the possibility of such damages and (C) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever related to our products and/or services, shall be limited to liquidated damages of no more than (i) the amount you spent on any product or service offered through the Site in the last calendar year, or (ii) $75.00 (seventy-five), whichever is greater. Moreover, you agree that all claims must be brought within 1 (one) year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.


7. Live Events

The events, information, and speakers listed on our Site are subject to change without notification. You have Thirty (30) Days prior to the event to request a full refund of your ticket price or seat deposit. Any request after the Thirty (30) Day time limit will not be processed. Any unused tickets will be forfeited and are not transferable to another event.

Ticket holders may not sell, offer for sale, offer at auctions, resell, donate, act as commercial agent for another party or otherwise transfer their tickets in any way without the specific prior written consent of Company.


8. Media Streams; Audio and Video

The Site's Media Streams, Live Audio Streams and Live Video Streams, and On Demand Audio Streams and On Demand Video Streams, collectively, ("Media Streams"), and all content and software associated therewith, or any other features or functionalities associated with the Site's media streams, are provided "As Is" and "As Available" with all faults and without warranty of any kind. Company does not guarantee, represent, or warrant that your use of the Site's media streams will be uninterrupted or error-free.

Company is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, text, or redemption to be received by Company on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to customer's or any other person's computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any Company owned web properties.

If the media streams are not capable of running online as planned, for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Company which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, Company reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any subscription.

Any attempt by you to deliberately damage any web site or undermine the legitimate operation of this offer may be a violation of criminal and civil laws and should such an attempt be made, Company will disqualify your attempted redemption and reserves the right to seek damages from you to the fullest extent permitted by law.


9. Social Media Groups and Communities

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, text and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any text or email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
(a) Restrict or inhibit any other user from using and enjoying the Site.
(b) Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(c) Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
(d) Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
(e) Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
(f) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
(g) Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
(h) Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
(i) Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
(j) Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
(k) Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
(l) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Company may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company's outside contributors, or by users not connected with Company, some of whom may employ anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.

Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.


10. Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

11. Password and Username ID Protection

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

12. Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

13. Links

These terms of use apply only to our Site, and not to the sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused, or alleged to have been caused, to you in connection with your use of any content, goods or services available on any other site.

14. Copyright Claims, Digital Millennium Copyright Act, DMCA

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written email notification to our Site's 'Contact' email address listed on the website. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

15. Miscellaneous Legal Provisions

We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.


16. International Use

We administer and operate the Site from our location in the United States of America, USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate, or available for use outside the USA.

We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. We make no claims that the Site or any of its content is accessible or appropriate outside of the USA. If you choose to access the Site from outside the USA, you do so on your own choice and you are solely responsible for complying with applicable local laws.


17. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Hawaii and any dispute shall be subject to binding arbitration in Maui County, Hawaii. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

18. Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.


19. Contact

If you have questions or comments regarding this Site's products, content and services, please email us using our Site's 'Contact' email address, (listed on the 'Contact' webpage of our Site).
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