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Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE
RESTRICTIONS ON USE OF MATERIALS.
Unless otherwise noted, all materials and content, including images, illustrations, designs, icons, photographs, video clips, text, and written and other materials that are part of this Web Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by oaksclocks.com and its owners/operators. You do not acquire ownership rights to any content, document or other materials viewed through this Web Site. No material from this Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials/content or use of the materials/content for any other purpose is a violation of inpunch.com and its owners/operators' copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages, materials or content on this Web Site, without our express written permission, is strictly forbidden. All trademarks, service marks, and trade names are proprietary to oaksclocks.com and its owners/operators.
USAGE BY CHILDREN UNDER 13.
The Web Site is for adults and is not directed to children under the age of 13. oaksclocks.com cannot prohibit minors from visiting the Web Site, and must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. oaksclocks.com complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be enforced wherever oaksclocks.com collects data within the Web Site, such as during the registration process.
FORUMS AND PUBLIC COMMUNICATION.
"Forum" means a discussion group, chat area, bulletin board, database module, web form submission or e-mail function offered as part of or in connection with this Web Site. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The Forum shall be used only in a non-commercial manner. You shall not, without our express written approval, distribute or otherwise publish any material on this Web Site containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web Site to join or become members of any commercial online services or other organization is expressly prohibited.
Users and guests shall remain solely responsible for the content of their messages, however, oaksclocks.com and its owners/operators reserve the right (but shall have no obligation) to delete, move or edit messages that they, in their sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) oaksclocks.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
YOUR REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION.
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless inpunch.com and its owners/operators, and all principals, officers, directors, agents, employees, representatives, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (or any user of your account) of this Agreement, or the foregoing representations, warranties and covenants. You shall cooperate as fully and reasonably required in the defense of any such claim. oaksclocks.com and its owners/operators reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. oaksclocks.com and its owners/operators do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on this Web Site by any user, information provider or any other person or entity.
REGISTRATION AND SECURITY.
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that inpunch.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of oaksclocks.com. You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for all usage or activity on your Web Site account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at oaksclocks.com sole discretion, and inpunch.com may refer you to appropriate law enforcement agencies.
FEES AND PAYMENTS.
oaksclocks.com reserves the right at any time to charge fees for access to portions of this Web Site or the Web Site as a whole. However, in no event will you be charged for access to the Web Site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through this Web Site by oaksclocks.com or by any other vendor or Web site provider. You shall pay all applicable taxes relating to use of this Web Site through your account.
COMMUNICATIONS BETWEEN OAKSCLOCKS.COM AND SUBSCRIBERS.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access this Web Site. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such access software.
Unless otherwise specified, the materials on this Web Site are presented solely for the purpose of promoting publications, products or services available in the United States, its territories, possessions, and protectorates. This Web Site is controlled and operated from offices within the State of California, United States of America. All attorneys associated with this Web Site practice only within their State of licensure. oaksclocks.com makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web 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.
This Agreement is effective until terminated by either party. It may be terminated without notice, but the parties shall be bound to all terms previously entered. You may terminate this Agreement at any time by destroying all materials obtained from this Web Site and all related documentation, copies and installations thereof, whether made under these terms or otherwise.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. INPUNCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OAKSCLOCKS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR THE MATERIALS HEREON WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAKSCLOCKS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU (AND NOT INPUNCH.COM) 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.
LIMITATION OF LIABILITY.
BY ACCESSING AND/OR USING THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OAKSCLOCKS.COM AND ITS OWNERS, OPERATORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE, WHETHER JOINTLY OR SEVERALLY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INPUNCH.COM OR ITS OWNERS, OPERATORS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO YOUR ACCESS OR USE OF THIS WEB SITE.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OAKSCLOCKS.COM AND YOU. THIS WEB SITE AND THE MATERIALS CONTAINED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. 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. HOWEVER, IN NO EVENT SHALL GOFORLAW.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING OR USING THIS WEB SITE.
BY ACCESSING AND/OR USING THIS WEB SITE AND/OR PURCHASING ANY INFORMATION, DATA, PACKAGE OR SERVICE, YOU EXPRESSLY UNDERSTAND, AGREE AND REPRESENT THAT ANY AND ALL
LINKS TO OTHER WEB SITES AND SERVICES.
To the extent that this Web Site contain links to other web sites, or outside services and resources, inpunch.com does not control the availability and content of those outside web sites, services and resources, and does not guarantee, approve or endorse the information or products available at these web sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
These terms shall be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of, or relating to, these terms shall be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. You agree to report any copyright or trade/service mark violations of this Agreement to inpunch.com as soon as you become aware of them. If you have a claim of copyright or trade/service mark infringement with respect to material that is contained on this Web Site, please notify inpunch.com at email@example.com. You must specifically describe each item you believe is infringing, and provide all information concerning your ownership of the copyright or trade/service mark, in order for us to initiate investigation.
LAST UPDATED AND EFFECTIVE AS OF: 05/29/2015
Please Call (805) 428-8463
"If your Tick won't Tock, Call the Clock Doc!"
Most parts and labor are guaranteed 1 year.