| THIS IS A LEGAL
AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE
BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE
ACCEPTING ITS TERMS.
1. Parties
The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web
site: ACTIVE REMOTE SYSTEMS, INC.. All references to
"us", "this web site" or "this site" shall be construed
to mean ACTIVE REMOTE SYSTEMS, INC. If the user is not
an individual, then "You" means Your company, its
officers, members, agents, successors and assigns.
2. Assent To Terms
of Use And Amendment
ACTIVE REMOTE SYSTEMS, INC.grants a non-exclusive,
non-transferable, and revocable license to You and
provides the services available at this site to You
subject to the following terms and conditions. THESE
TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO
TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST
CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME
AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR
SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED
WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR
USE OF THIS SITE AND YOUR RELATIONSHIP WITHACTIVE REMOTE
SYSTEMS, INC. ARE SUBJECT TO ALL GUIDELINES OR RULES
THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH
ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION
OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND
RULES POSTED ON THIS SITE.
IF YOU DO NOT AGREE TO
BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement
This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement
between You and ACTIVE REMOTE SYSTEMS, INC., and except
for any separate agreement for service, this terms of
use agreement, with respect to the subjects addressed
herein, constitutes the entire agreement between the
parties with respect to those subjects. Except for any
separate agreement for service, You acknowledge that
neither ACTIVE REMOTE SYSTEMS, INC. nor anyone on ACTIVE
REMOTE SYSTEMS, INC. behalf has made any
representations, inducements, promises or agreements,
orally or otherwise, to You relating to the subjects
addressed by this terms of use agreement that are not
embodied herein.
4. Prohibited
Conduct
You agree (i) not to use this site to distribute in any
way files that contain viruses, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer; (ii) not to interfere
or disrupt this site or any networks connected to this
site; (iii) not to use any device, software or routine
or attempt to interfere with the proper functioning of
this site or any transactions being offered at this
site; (iv) not to take any action that imposes an
unreasonable or disproportionately large load on ACTIVE
REMOTE SYSTEMS, INC. infrastructure; (v) not to use this
site to collect or harvest personal information,
including, without limitation, financial information,
about other participants at this site; and (vi) not to
impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person or
entity. You agree not to use the services or products
available at this site for illegal purposes, and to
comply with all regulations, policies and procedures of
networks connected to this site.
5. Compliance with
Laws
You shall comply with all applicable laws and
regulations of the United States and foreign authorities
(including but not limited to credit card transactions)
relating to any service or product associated with this
site.
6. Registration
Data And Privacy
Registration may be required for you to access
information on this site, or for your participation in
certain services offered at this site. You must provide
certain current, complete, and accurate information
about You as prompted to do so by the registration form
("Registration Data"), and maintain and update such
registration information as required to keep such
information current, complete and accurate. You warrant
that your Registration Data is accurate and current, and
that You are authorized to provide such Registration
Data. You authorize us to verify your Registration Data
at any time. If any Registration Data that You provide
is untrue, inaccurate, not current or incomplete, ACTIVE
REMOTE SYSTEMS, INC. retains the right, in its sole
discretion, to suspend or terminate rights to use the
services. Registration Data and certain other
information about You is subject to our Privacy Policy
which may be accessed from the activeremote.com home
page. Solely to enable ACTIVE REMOTE SYSTEMS, INC. to
use information You supply us internally, so that we are
not violating any rights You might have in that
information, You grant to ACTIVE REMOTE SYSTEMS, INC. a
nonexclusive license to (i) convert such information
into digital format such that it can be read, utilized
and displayed by ACTIVE REMOTE SYSTEMS, INC. computers
or any other technology currently in existence or
hereafter developed capable of utilizing digital
information, and (ii) combine the information with other
content provided by ACTIVE REMOTE SYSTEMS, INC., in each
case by any method or means or in any medium whether now
known or hereafter devised.
7. Registration By
Children Under The Age of 13 Is Not Permitted
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE
OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO
REGISTER WITH LONGEVITY FITNESS CLUB & SPA, WE SHALL
NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE
SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM
SUCH CHILD.
8. Copyrights
The copyright in all material provided on this site is
owned or licensed to ACTIVE REMOTE SYSTEMS, INC. You
acknowledge and agree that this site contains
proprietary information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that information presented to You
through this site, including text, graphics, logos,
icons, images and software, and the arrangement and
compilation of such content, are the property of ACTIVE
REMOTE SYSTEMS, INC. or its content suppliers and is
protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. ACTIVE
REMOTE SYSTEMS, INC. does not grant any license or
authorization to any user of its copyrightable material
or other intellectual property, by placing them on this
site. Furthermore, except as stated herein, none of the
material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written
permission of ACTIVE REMOTE SYSTEMS, INC. or the
copyright owner. However, You may print a copy of the
information on this site for Your personal,
non-commercial internal use or records. In so doing, You
may not modify the materials and You agree to retain all
copyright and other proprietary notices contained in the
materials. This permission does not give You any
ownership rights in the information and terminates
automatically if You breach any of these terms or
conditions. If You make any other use of this site,
except as otherwise provided herein, You may violate
copyright and other laws of the United States, other
countries, as well as applicable state laws and may be
subject to penalties.
9. Trademarks
The trademarks, service marks, and logos (the
"Trademarks") used and displayed on this site are
registered and unregistered Trademarks of ACTIVE REMOTE
SYSTEMS, INC. and others. Nothing on this site should be
construed as granting, by implication, estoppels, or
otherwise, any license or right to use any Trademark
displayed on the site, without the written permission of
the Trademark owner. ACTIVE REMOTE SYSTEMS, INC.
aggressively enforces its intellectual property rights
to the fullest extent of the law. The service mark(s),
ACTIVE REMOTE SYSTEMS, INC. may not be used in any way,
including in advertising or publicity pertaining to
distribution of materials on this site, without prior,
written permission. ACTIVE REMOTE SYSTEMS, INC.prohibits
use of any of the forgoing names or marks as a metatag
or as a "hot" link to any site unless establishment of
such a link is approved in advance by ACTIVE REMOTE
SYSTEMS, INC. in writing. If You have any questions
regarding any trademarks on the site, please contact
ACTIVE REMOTE SYSTEMS, INC.
10. Links
This site may provide links to other Internet sites.
ACTIVE REMOTE SYSTEMS, INC. is not responsible for the
availability of such other sites and does not endorse
and is not responsible or liable for any content,
products or other materials available on such other
sites. Links to external web sites do not constitute an
endorsement byACTIVE REMOTE SYSTEMS, INC.of those sites
or the sponsors of such sites or the content, products,
advertising or other materials presented on such sites.
Further, ACTIVE REMOTE SYSTEMS, INC. reserves the right
to terminate any link or linking program at any time.
ACTIVE REMOTE SYSTEMS, INC. does not author, edit, or
monitor these unofficial pages or links. You further
acknowledge and agree that ACTIVE REMOTE SYSTEMS, INC.
shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on
any information, goods or services available on or
through any such site. If You decide to access any of
the third party sites linked to this site, You do this
entirely at Your own risk.
11. Participation
In Promotions Of Advertisers
You may enter into correspondence with or participate in
promotions of advertisers promoting their products or
services on this site ("Advertisers"). You acknowledge
and agree that any such correspondence or participation,
including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such correspondence or
promotions, are solely between You and Advertiser.
ACTIVE REMOTE SYSTEMS, INC. shall have no liability,
obligation or responsibility whatsoever arising out of
or in connection with any such correspondence or
participation or transactions.
12. Monitoring
You acknowledge that ACTIVE REMOTE SYSTEMS, INC. or its
designees reserves the right to, and may from time to
time, monitor any and all activity or information
transmitted or received through this site. ACTIVE REMOTE
SYSTEMS, INC., in its sole discretion and without
further notice to You, may (but is not obligated to)
review, censor or prohibit any activity or the
transmission or receipt of any Information which ACTIVE
REMOTE SYSTEMS, INC. deems inappropriate (such as that
specified in above) or that violates any term or
condition of this agreement. During monitoring,
information may be examined, recorded, copied, and used
for authorized purposes. Use of this site, authorized or
unauthorized, constitutes consent to such monitoring.
Unauthorized uses and unauthorized users of this site
will be prosecuted to the full extent of the law.
13. NO WARRANTIES
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE,
AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN AN
AGREEMENT FOR SERVICE, ALL GOODS AND SERVICES OBTAINED
THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM
ACTIVE REMOTE SYSTEMS, INC. AND ITS PRODUCT PROVIDERS,
ACTIVE REMOTE SYSTEMS, INC. AND ITS AFFILIATES AND
PRODUCT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS
AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE
SERVICES AVAILABLE ON THIS SITE, THE TRANSACTIONS
PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT,
MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF
ACTIVE REMOTE SYSTEMS, INC. AND ACTIVE REMOTE SYSTEMS,
INC. AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR
NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THIS INTERNET
SITE IS NOT ENGAGED IN PROVIDING PROFESSIONAL LEGAL
SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR
RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE
YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE
ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO
ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED
THROUGH YOUR USE OF THIS SITE, THE ACTIVE REMOTE
SYSTEMS, INC. INTERNET SERVICE, OR THE CONTENT. YOU
ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE
CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE
FOREGOING, NONE OF ACTIVE REMOTE SYSTEMS, INC. NOR
ACTIVE REMOTE SYSTEMS, INC. AFFILIATES OR PRODUCT
PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR
SERVICES OFFERED ON THIS SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR
RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON
THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ACTIVE REMOTE SYSTEMS, INC. OR THROUGH THIS SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITED
LIABILITY
ACTIVE REMOTE SYSTEMS, INC. AND ALL OF ACTIVE REMOTE
SYSTEMS, INC.AFFILIATES AND PRODUCT PROVIDERS AND THEIR
RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE
LIABLE FOR ANY LOSS OF USE OR OF DATA, INTERRUPTION OF
BUSINESS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD
ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES
MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION
INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY
CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF
ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR
SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE
FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF
ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF
YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY
SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE
TO ACTIVE REMOTE SYSTEMS, INC., IF ANY, FOR THE DEPOSIT
OF SERVICE OR PRODUCT AT ISSUE.
15. Indemnity
You shall indemnify, defend, and hold harmless ACTIVE
REMOTE SYSTEMS, INC. and its product providers and their
respective shareholders, affiliates, employees, agents,
successors, officers, and assigns, from any suits,
losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may
sustain or incur arising from (i) Your use of the
services available on this site, (ii) Your failure to
comply with any applicable laws and regulations
regarding services or good purchased or used on this
site, (iii) Your use of the content available on this
site in any way contrary to this agreement (d) Your
breach of any of Your representations, warranties or
obligations set forth in this agreement, (iv) the
purchase, transportation, delivery, use or disposal of
any ACTIVE REMOTE SYSTEMS, INC.service or product,
associated with this site or available through other
sites, or any loss suffered by or harm to any person or
property in any way relating to of caused in whole or in
part by Your use of this site or any service or product
associated with this site (including, without
limitation, any personal injuries or death of any third
person caused in whole or in part by such products or
services, the use, transportation, delivery, storage,
handling or release thereof.
16. Beneficiaries
of this Agreement; No Other Agreements
The rights and limitations in this agreement are for the
benefit of ACTIVE REMOTE SYSTEMS, INC. and each of
ACTIVE REMOTE SYSTEMS, INC. product providers, each of
which shall have the right to enforce its rights
hereunder directly and on its own behalf.
17. Termination
You agree that ACTIVE REMOTE SYSTEMS, INC.may, at its
sole discretion, deny You access to the site and disable
any user name and password associated with You for any
reason, including, without limitation, if ACTIVE REMOTE
SYSTEMS, INC. believes that You have violated or acted
inconsistently with the letter or spirit of this
agreement. ACTIVE REMOTE SYSTEMS, INC. reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the services
offered under this site (or any part thereof) with or
without notice. You agree that ACTIVE REMOTE SYSTEMS,
INC. shall not be liable to You or to any third party
for any modification, suspension or discontinuance of
the services offered under this site.
18. Consumer Rights
ACTIVE REMOTE SYSTEMS, INC. maintains specific contact
information including an e-mail address for
notifications of complaints and for inquiries regarding
pricing policies. All correspondence should be addressed
to ACTIVE REMOTE SYSTEMS, INC.s agent for notice at the
following address:
ACTIVE REMOTE SYSTEMS, INC.
11771 1/2 Pico Blvd.
Los Angeles, Ca. 90064
E-mail:
admin@activeremote.com
Telephone: (310) 235-1953
Facsimile: (310)
235-1131
You may contact ACTIVE
REMOTE SYSTEMS, INC. with complaints and inquiries
regarding pricing and ACTIVE REMOTE SYSTEMS, INC. will
investigate those matters and respond to the inquiries.
19. Controlling Law
This Agreement shall be construed under the laws of the
State of California, USA, excluding rules regarding
conflicts of law. The application the United Nations
Convention of Contracts for the International Sale of
Goods is expressly excluded.
20. Jurisdiction
And Venue
You and ACTIVE REMOTE SYSTEMS, INC. agree to submit to
the exclusive personal jurisdiction of the courts of Los
Angeles County in the State of California, USA in all
legal proceedings arising under this Agreement.
BY ACCESSING THIS WEB
SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM
THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL
OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT,
PLEASE EXIT THIS SITE. |