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Terms of Service


Please read these terms carefully before using this site. Your access and use of this site signifies your accepetance to these terms. If you do not agree to these terms, please do not use the site. Exit now.

Use of Materials - Restrictions

This entire Web site is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. You may not copy, reproduce, modify, publish, upload, post, transmit or distribute in any way, without prior written permission from Associated Desert Shoppers, Inc. (ADS), any and all material(s) on the site. You may download or print one copy of the material(s) for personal, non-commercial use. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the material(s) or use them for any commercial purpose, or any public display, sale or rental; (b) remove any copyright, trademark or other proprietary notices from the material(s); (c) transfer the material(s) to another person. You agree to prevent any unauthorized copying of the material(s). The use of any material(s) on any other Web site or networked computer environment is prohibited.

Software Downloads (Links)

In the event you download any software from the links associated in this site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") is owned and may be licensed to you by the software manufacturer. ADS does not own or transfer title to the software to you. The software publisher retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the software in any form.

Links to other Web Sites

ADS makes no representation whatsoever regarding the content of any other web sites, which you may access from the ADS web site. ADS is not responsible for the availability of non-ADS web sites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ADS shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on non-ADS web sites or resources. All concerns regarding any external link should be directed to its respective site administrator or webmaster.

Termination

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 ADS site(s) 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 ADS if in ADS's 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 other ADS site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Disclaimer

THIS SITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. ANY AND ALL PRICES AND/OR RATES QUOTED IN THIS WEB SITE ARE FOR COMPARISON PURPOSES ONLY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE AND MAY OR MAY NOT BE NOTED ON ADS'S WEB SITE. ADS does 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. ADS does 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 ADS) 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

Under no circumstances, including, but not limited to, negligence, shall ADS be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, or resulting from the alteration or deletion of any posted messages, even if ADS or an ADS 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 ADS's 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.

Indemnification

You agree to indemnify and hold ADS, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of this site, the violation of these Terms of Use by you, or the infringement by you, or other user of the site using your computer, of any intellectual property or other right of any person or entity. ADS reserves the right, at our own expense, to assume the exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification by you.

Privacy

It is ADS's policy to take reasonable measures to respect the privacy of ADS'S users. ADS will take reasonable measures not to disclose information about you or the content of your communications other than content that is publicly available, except that ADS may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; (d) to respond to claims that any content on the site violates the rights of third parties; or (e) to protect the interests of ADS or others.

Governing Laws and Other Stuff

This site is controlled by ADS from its offices within the State of California, United States of America. ADS makes no representation that material(s) in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.

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 in this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject herein and shall not be modified except in writing, signed by both parties.

ADS shall have the right at any time to change or discontinue any aspect or feature of its web site(s), including, but not limited to, content, hours of availability, and equipment needed for access or use.

ADS shall have the right at any time to change or modify the terms and conditions applicable to use of its web site(s), or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ADS's web site or by electronic or conventional mail, or by any other means by which users obtain notice thereof. Any use of ADS's web site(s) after such notice shall be deemed to constitute acceptance by users of such changes, modifications or additions.