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Terms & Conditions

Effective and last revised on October 1, 2014.

Before accessing F. Gaviña & Sons Website (also referred to herein as “this website”) please read all of the following Terms & Conditions, including the important warnings, restrictions and disclaimers.  By accessing this website, you (also referred to herein as the “user” or “users”) confirm that you have read and understood, and agree to be bound by, all of the following Terms & Conditions, including the important warnings, restrictions and disclaimers set forth below.
 
Your use of this site indicates your acceptance of these terms and conditions.  If you do not agree to be bound by all of the following warnings, restrictions and disclaimers, please exit this website immediately.  You may not use or access this website, or any of its services, content, resources or facilities, if you do not agree to be bound by the Terms & Conditions.

Modification of this Website
F. Gaviña & Sons, Inc. (“Company”) may revise and update the Terms & Conditions at any time, and your continued access to or use of this web site thereafter shall constitute acceptance of such revised and updated terms.  You are obliged to monitor the Terms & Conditions as posted on this website to determine the current terms and conditions, as they may be changed from time to time.  By accessing this website after any such changes, you ratify, approve and agree to be bound by any such changes.  If you do not agree to be bound by the current Terms & Conditions, you must exit this website and cease all use of its content, resources and facilities. 

Adult Users Only
This website is not intended for or directed to users under the age of 18.  You may not use this website or any of its content, resources or facilities if you are not of legal age to form a binding contract with the Company, or you are a person barred from receiving services or products under the laws of the United States or other applicable jurisdiction.  By accessing this website, you acknowledge and agree that you are representing to the Company that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from receiving or purchasing services or products under the laws of the United States or other applicable jurisdiction.

No Endorsement or Guarantee
Reliance on any information provided by the Company employees or at the invitation of the Company, on this website is solely at your own risk. 

Links to and Access through Other Websites
The Company may also provide links to third-party websites or services.  Access to such websites and the information contained therein is provided as a service to those interested in the information.  The Company neither regularly monitors nor has control over the content of third parties' statements or websites.  Accordingly, the Company does not endorse or adopt those websites or any information contained therein, including, without limitation, analysts' reports and stock quotes.  The Company makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information or opinions of third-party websites or other third-party information identifies on this website.  Users visit these websites and use the information contained therein at their own risk

Intellectual Property Rights – Use of Content; Copyright; Trademark
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Company or its suppliers and protected by U.S. and international copyright laws. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.   All software used on this site is the property Company or its software suppliers and protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted, or republished.

Except as expressly provided otherwise, no portion of this website or the materials contained therein may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, downloaded, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the Company.
 
Other than printing one or more pages of this website for your personal, non-commercial use, you are not allowed to print any pages or screens from this website.  You are also not permitted to download individual images or text items for local storage and distribution. This website and the materials contained therein may not be distributed in a generally accessible (public) web site without the prior written consent of the Company, which may be withheld in the Company 's sole and absolute discretion. 

Limitation of Liability and Disclaimer
Without limiting any of the foregoing notices and disclaimers, please note that the materials on this website are made available without warranties or guaranties of any kind, and the Company disclaims any liability for any injury or damage resulting from the use of this website or the materials contained therein, including, but not limited to, any information, advice, goods, services, or other resources that may be mentioned or made accessible through this website.

The materials and information on this website may include technical inaccuracies or typographical errors. This website and the materials, information and services therein are provided “AS IS” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, the Company, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for any particular purpose. 

The Company, its directors, officers, employees or other representatives, licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the materials on this website.  Likewise, the Company its directors, officers, employees or other representatives, licensors, and its suppliers do not make any warranty that the materials on this website satisfy any applicable laws or government regulations.

You agree that in no event shall the Company, its directors, officers, employees or other representatives, licensors, its suppliers, or any third-party mentioned or appearing on this website be liable for any damages whatsoever (including, without limitation, actual, compensatory, special, incidental, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from use or inability to use this website or the materials contained therein.  This disclaimer applies to any damages or liability based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages or liability.
 
In the event that any error by the Company relating to the price of any service or item on this website results in a user paying a price which is higher than the correct price for such service or item, the user's sole and exclusive remedy shall be entitlement to a refund of the amount paid in excess of the correct price.

Copyrights and Trademarks of the Company
The Company reserves all rights under copyright, trademark, and other applicable law in this website and the materials contained therein, and in the trademarks and service marks of the Company.  Any other copyrighted or trademarked material that may appear at or through this website is used either by permission of the copyright and trademark owners or for purposes of reporting and commentary pursuant to the Fair Use Doctrine under U.S. copyright law.  In any event, no endorsement or sponsorship by, or affiliation with, any third parties is expressed or implied.

Notice and Procedure for Making Claims of Copyright Infringement

The Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").  Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following:

Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of the Company: Jonathan Kirsch, Esq.
 
Full Address of Designated Agent to Which Notification to the Company Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
 
Telephone Number of Designated Agent:  (310) 785-1200
Facsimile Number of Designated Agent:  (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com
 
To be effective, the Notification must include the following:
 
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
 
It is the Company’s policy to terminate usage rights and accounts of users it determines to be repeat copyright infringers.

Indemnity
You agree to defend, indemnify and hold the Company, its officers, directors, employees, agents, shareholders, partners, affiliates, licensors, and/or suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this website and the materials contained therein.  The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of the Company against any such claim, suit or proceeding.

Jurisdiction and Applicable Law
You expressly agree and consent to the exercise of personal jurisdiction in the state or federal courts located in Los Angeles, California (USA) in connection with any dispute or claim relating to the Terms & Conditions and/or this website involving you, the Company or its affiliates, subsidiaries, employees, shareholders, contractors, officers, directors, telecommunication providers, and content providers.  The Terms & Conditions are governed by the laws of the State of California without respect to its conflict of laws principles.  If any provision of the Terms & Conditions is found to be invalid by any court having competent jurisdiction, the remaining provisions of the Terms & Conditions shall remain in full force and effect.  No waiver of any of the Terms & Conditions shall be effective unless it is in writing.  You also acknowledge that any written waiver, unless expressly provided for otherwise, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition.

Termination of Right to Use or View Content
If you violate any of the Terms & Conditions, your permission to access or use this website may be terminated at the sole discretion of the Company.

Complete Agreement
Except as expressly provided in a particular "legal notice" on this website, or as otherwise expressly provided by the Company in writing, the Terms & Conditions constitute the entire agreement between you and the Company with respect to your use of this website and/or the materials contained therein.  If you are not willing to be bound by the Terms & Conditions, please exit this website now.