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Dealighted Conditions of use agreement

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In General

This Web site is provided to you by All Enthusiast, Inc. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Web site.

Best Viewing Practices

This site makes use of dynamic HTML and is designed to display properly in Internet Explorer 5.0 and Netscape 6.0. For Netscape 4.7 users, we recommend upgrading to the most recent browser for optimal site viewing and performance.

Intellectual Property

The copyright in this entire Web site is held by All Enthusiast, Inc.. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site, including the RSS feeds that we make available, may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of All Enthusiast, Inc. Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. All Enthusiast, Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.

The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Web site are claimed by All Enthusiast, Inc. and no trademark license, either express or implied, is granted by All Enthusiast, Inc. You do not have any right to use any Trademark or Service Mark displayed on this Web site except as expressly provided under the doctrine of Fair Use without the prior written permission of All Enthusiast, Inc. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks All Enthusiast, Inc. will pursue its legal remedies without delay.

Electronic Information Submitted to this Web site.

Please be advised that neither All Enthusiast Inc., nor any affiliated persons or entities is in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content ("Content") posted or generated by users of this Web site, and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with All Enthusiast, Inc. Therefore, All Enthusiast, Inc. expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, genuiness, completeness or lawfulness otherwise of any Content provided by non-employees of All Enthusiast, Inc. All Enthusiast, Inc. further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, All Enthusiast, Inc. does not assume (but expressly disclaims), on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this Web site's users and third parties acknowledge, by usage of this Web site, that he/she/it is fully responsible and liable for his/her/its Content, and neither All Enthusiast, Inc. nor any affiliated persons or entities is the guarantor or indemnitor of any such party.

Except on the express written agreement of All Enthusiast, Inc., any Content or other information submitted to this Web site by users or other third parties shall be treated by All Enthusiast, Inc. as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as All Enthusiast, Inc. deems fit in its absolute discretion. Notwithstanding the foregoing, All Enthusiast, Inc. shall reasonably endeavor to maintain personal information of users in accordance with its privacy policy.

Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, All Enthusiast, Inc., in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:

(1)  All Enthusiast, Inc. is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;

(2)  All Enthusiast, Inc. is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;

(3)  All Enthusiast, Inc. is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;

(4)  The posting contains vulgar, profane, or obscene language;

(5)  The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;

(6)  The posting contains personal identifying information such as names of individuals;

(7)  The posting was posted by a user who submitted false contact information during the registration process and All Enthusiast, Inc. is unable to contact the poster/user; and

If you believe that a user has posted material which meets one of the above conditions, contact All Enthusiast, Inc. via our form, or write to us at the address provided below.

Disclaimer

THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL ENTHUSIAST, INC. SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.

All Enthusiast, Inc. is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.

As a convenience to you, All Enthusiast, Inc. may provide links to Web sites operated by others. All Enthusiast, Inc. makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by All Enthusiast, Inc. and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that All Enthusiast, Inc. is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies.

Sponsor Links

Certain links on our website such as various product advertisements or bargain or coupon deals link to third party sites. When you click on certain links, you may be visiting a third party advertiser website in the current browser window or in a new browser window.

Indemnity

You agree to indemnify, hold harmless, and defend All Enthusiast, Inc., it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the “Release Parties”) from any an all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this Web site.

No Agency

You and All Enthusiast, Inc. are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.

Dispute Resolution

You agree that in the event a dispute arises concerning your use of dealighted.com, or any other program or service offered by All Enthusiast, Inc., that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted at San Francisco, CA. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in the County of San Francisco, CA.

Choice of Law

You agree that any dispute arising under this Agreement shall be governed by the laws of the state of California.

No Guarantee of Continuous Use

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.

Survival

In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.

Agreement

Your use of this Web site signifies your agreement to be bound by the terms of this Agreement.

Contact All Enthusiast, Inc.

You can direct any questions concerning these Terms and Conditions of Use to:

Via E-mail:

Please use our online form.

Via U.S. or International Mail:

   All Enthusiast, Inc.
   1630 N. Main St, #229
   Walnut Creek, CA 94596

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