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DISCLAIMER
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The
materials in this site are provided "as is" and without warranties of
any kind either express or implied. To the fullest extent permissible
pursuant to applicable law, we disclaim all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. We do not warrant that the functions
contained in the materials will be uninterrupted or error-free, that defects
will be corrected, or that this site or the server that makes it available
are free of viruses or other harmful components. We do not warrant or
make any representations regarding the use or the results of the use of
the materials in this site in terms of their correctness, accuracy, reliability,
or otherwise. You (and not us) assume the entire cost of all necessary
servicing, repair or correction. Applicable law may not allow the exclusion
of implied warranties, so the above exclusion may not apply to you.
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JURISDICTIONAL
ISSUES
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| Unless otherwise specified, the materials in the site are presented solely for the purpose of disseminating information and promoting products and services available in the United States, its territories, possessions and protectorates. We control and operate this site from our offices within the State of California, United States of America. We make no representation that materials in the site are appropriate or available for use in other locations. We reserve the right to edit or remove any posts to submitted material, that we deem inappropriate. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. |
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TERMINATION
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| This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise. |
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LIMITATION
OF LIABILITY
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| Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we or our authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site. You hereby agree to indemnify and hold harmless FilmTVLocations.com, David E. Berthiaume, Kathy Lietch, James Talobott, and their subsidiaries, affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. |
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OTHER
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| This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 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. |
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ENTIRE
AGREEMENT
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| This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. |