VIETNAMESE AMERICAN BAR ASSOCIATION OF WASHINGTON
TERMS OF SERVICE

 

I. Introduction

 

Welcome to the Vietnamese American Bar Association of Washington ("VABAW") Web site. By using this site, you agree that you are bound by these Terms of Service ("TOS") and that you have read the Privacy Policy and consent to the use of your personal information by VABAW and its affiliates and third party representatives, if any, in accordance with the purposes and terms set forth in the Privacy Policy, which is hereby incorporated by reference. These TOS apply to and govern your use of the Web site, Site Content, Site Code, and Services, as defined below.

 

 

 

VABAW reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the site, these TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to these TOS and the Privacy Policy will be effective when posted on the Web site. You agree to review these TOS periodically to be aware of any changes. Your continued use of the Web site after any changes to these TOS are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. As used herein, any references to "your" or "you" shall include any authorized user of your Account, as defined below.

 

 

 

Although VABAW attempts to ensure the integrity and accurateness of the site, it makes no guarantees whatsoever as to the correctness or accuracy of the site. Information contained on the site may be changed or updated without notice.

 

 

 

II. Ownership and Copyright

 

VABAW is the exclusive owner and proprietor of the site, including the Site Content and Site Code, all of which are protected by applicable domestic and international copyright laws. The Site Content and Site Code, as they exist on the site, are offered to you by VABAW for limited use pursuant to these TOS. As used herein, "Site Content" means any and all human readable audio and/or visual elements of this site created or owned by VABAW or third parties having granted permissions to VABAW including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio, or audiovisual works (including, for example, without limitation, movie trailers or episodic works, home movies, and home digital photography), designs, logos, information, and other content made available through the site by either VABAW or by VABAW in concert with third parties. "Site Code" means any and all underlying elements of the site, including without limitation, source code, script, object code, software, computer programs, data, and other sets of statements and instructions contained in the Web site.

 

 

 

Unless expressly permitted by VABAW, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Site Content or Site Code. Any violation of copyright laws may result in severe civil and criminal penalties.

 

 

 

All Site Content, including without limitation, the text, images, audio (streaming or downloadable), and video (streaming or downloadable), and any other materials accessed through or made available for use or download through this site are copyrighted and may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, without the prior written consent of VABAW.

 

 

 

At any time, VABAW may, in its sole discretion, make available to users certain software that may be either accessible or downloaded from this site in addition to being made available through dealers, at retail outlets in various regions, or otherwise. In the event you access or download software from this site or obtain the software from a retail outlet or otherwise, the software, including any files, images incorporated in or generated by the software, data accompanying the software, and its associated packaging and documentation, if any (collectively, the "Software"), are licensed to you by VABAW pursuant to the terms of the Software End User License Agreement for the applicable software title or other such similar license that is made available to you, if any. In the event that VABAW is the proprietor of the Software, under no circumstances shall title to the Software be transferred to you by VABAW. You own the medium on which the Software is recorded, but VABAW retains full and complete title to the Software and all intellectual property rights therein. Please consult the specific End User License Agreement associated with the Software for further information about the terms and conditions of the license you receive for use of any particular software product. Should VABAW make available for access or download a third party's software ("Third Party Software") through the site, your access or download and use of such Third Party Software shall be subject to the terms of use set forth by such Third Party, and any applicable license agreement in connection with its Software.

 

 

 

III. License and Restrictions on Use

 

VABAW hereby grants you a limited, nonexclusive, nontransferable license to access, use, and privately display the site solely for your personal use only, by way of one (1) computer connected to the site over the Internet, provided that you fully comply with the terms of this TOS. This license does not include any resale or commercial use of this site; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or other party; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround, or enclose the VABAW name, trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of VABAW and/or our affiliates or subsidiaries without VABAW's express written consent. You may not use any meta-tags or any other "hidden text" utilizing VABAW's name or trademarks without the express written consent of VABAW.

 

 

 

As a condition of your use of this site, you represent and warrant that you will not use the site for any purpose that is unlawful or prohibited by these TOS. If you breach any of these TOS, your authorization to use this site automatically terminates and civil and criminal penalties may apply.

 

 

 

IV. Disclaimer of Warranties

 

VABAW DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE PROVIDED THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE CONTENT, SOFTWARE, AND SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS. VABAW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

 

 

VABAW SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. VABAW DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

 

 

 

VABAW DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT VABAW SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

 

 

 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VABAW OR VABAW'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

 

V. Limitation of Liability Regarding Use of Site

 

VABAW AND ITS SUBSIDIARIES, AFFILIATES, VENDORS, AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. THIS LIMITATION APPLIES: (1) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY; AND (2) REGARDLESS OF WHETHER OR NOT SPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

 

 

VI. Termination

 

VABAW reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without cause and with or without notice.

 

 

 

VII. Governing Law, Jurisdiction, and Arbitration

 

These TOS shall be construed and enforced in accordance with the laws of the State of Washington without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between you and VABAW (collectively, "the parties") arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The Arbitrator shall have the power to enter temporary restraining orders, preliminary, and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in King County, Washington, without thereby waiving its right to arbitration of the dispute or controversy under this section. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.

 

 

 

Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

 

 

 

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

 

 

 

VIII. Severability

 

If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.

 

 

 

IX. Export Controls

 

The site is controlled and operated by VABAW from its offices within the State of Washington, United States of America. VABAW makes no representation that site materials are appropriate or available for use in other locations. No software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.