| TERMS OFUSE THISIS IMPORTANT -- PLEASE READ THISWEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWINGYOU ACCESS. READINGAND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONSOF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONSFOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACTWITH IT. ALLPERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPTTHE TERMS OF USE AND THE PRIVACY POLICY. BY VIEWING,VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER,POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALLTHE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICYOF THIS WEBSITE. ALLPERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IFYOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT,READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT ISCOVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. THISWEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWERFOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOUACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECTAND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION ANDFOR MANY OTHER USES. THETERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVEAN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSIONTO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. PARTIESTO THE TERMS OF USE AGREEMENT Visitors,viewers, users, subscribers, members, affiliates, or customers,collectively referred to herein as "Visitors," are partiesto this agreement. The website and its owners and/or operators areparties to this agreement, herein referred to as "Website." USEOF INFORMATION FROM THIS WEBSITE Unlessyou have entered into an express written contract with this websiteto the contrary, visitors, viewers, subscribers, members, affiliates,or customers have no right to use this information in a commercialor public setting; they have no right to broadcast it, copy it,save it, print it, sell it, or publish any portions of the contentof this website. By viewing the contents of this website you agreethis condition of viewing and you acknowledge that any unauthorizeduse is unlawful and may subject you to civil or criminal penalties.Again, Visitor has no rights whatsoever to use the content of, orportions thereof, including its databases, invisible pages, linkedpages, underlying code, or other intellectual property the sitemay contain, for any reason for any use whatsoever. Nothing. Visitoragrees to liquidated damages in the amount of U.S.$100,000 in additionto costs and actual damages for breach of this provision. Visitorwarrants that he or she understands that accepting this provisionis a condition of viewing and that viewing constitutes acceptance. OWNERSHIPOF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE Thewebsite and its contents are owned or licensed by the website. Materialcontained on the website must be presumed to be proprietary andcopyrighted. Visitors have no rights whatsoever in the site content.Use of website content for any reason is unlawful unless it is donewith express contract or permission of the website. HYPERLINKINGTO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED Unlessexpressly authorized by website, no one may hyperlink this site,or portions thereof, (including, but not limited to, logotypes,trademarks, branding or copyrighted material) to theirs for anyreason. Further, you are not allowed to reference the url (websiteaddress) of this website in any commercial or non-commercial mediawithout express permission, nor are you allowed to 'frame' the site.You specifically agree to cooperate with the Website to remove orde-activate any such activities and be liable for all damages. Youhereby agree to liquidated damages of US$100,000.00 plus costs andactual damages for violating this provision. DISCLAIMERFOR CONTENTS OF SITE Thewebsite disclaims any responsibility for the accuracy of the contentof this website. Visitors assume the all risk of viewing, reading,using, or relying upon this information. Unless you have otherwiseformed an express contract to the contrary with the website, youhave no right to rely on any information contained herein as accurate.The website makes no such warranty. DISCLAIMERFOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITHTHIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,WORMS, OR OTHER CORRUPTING FACTORS. Thewebsite assumes no responsibility for damage to computers or softwareof the visitor or any person the visitor subsequently communicateswith from corrupting code or data that is inadvertently passed tothe visitor's computer. Again, visitor views and interacts withthis site, or banners or pop-ups or advertising displayed thereon,at his own risk. DISCLAIMERFOR HARM CAUSED BY DOWNLOADS Visitordownloads information from this site at this own risk. Website makesno warranty that downloads are free of corrupting computer codes,including, but not limited to, viruses and worms.
By viewing,using, or interacting in any manner with this site, including banners,advertising, or pop-ups, downloads, and as a condition of the websiteto allow his lawful viewing, Visitor forever waives all right toclaims of damage of any and all description based on any causalfactor resulting in any possible harm, no matter how heinous orextensive, whether physical or emotional, foreseeable or unforeseeable,whether personal or business in nature. INDEMNIFICATION Visitoragrees that in the event he causes damage, which the Website isrequired to pay for, the Visitor, as a condition of viewing, promisesto reimburse the Website for all.
Visitoragrees as a condition of viewing, that any communication betweenVisitor and Website is deemed a submission. All submissions, includingportions thereof, graphics contained thereon, or any of the contentof the submission, shall become the exclusive property of the Websiteand may be used, without further permission, for commercial usewithout additional consideration of any kind. Visitor agrees toonly communicate that information to the Website, which it wishesto forever allow the Website to use in any manner as it sees fit."Submissions" is also a provision of the Privacy Policy. NOTICE No additionalnotice of any kind for any reason is due Visitor and Visitor expresslywarrants an understanding that the right to notice is waived asa condition for permission to view or interact with the website. DISPUTES As partof the consideration that the Website requires for viewing, usingor interacting with this website, Visitor agrees to use bindingarbitration for any claim, dispute, or controversy ("CLAIM")of any kind (whether in contract, tort or otherwise) arising outof or relating to this purchase, this product, including solicitationissues, privacy issues, and terms of use issues. Arbitrationshall be conducted pursuant to the rules of the American ArbitrationAssociation which are in effect on the date a dispute is submittedto the American Arbitration Association. Information about the AmericanArbitration Association, its rules, and its forms are availablefrom the American Arbitration Association, 335 Madison Avenue, Floor10, New York, New York, 10017-4605. Hearing will take place in thecity or county of the Seller. In nocase shall the viewer, visitor, member, subscriber or customer havethe right to go to court or have a jury trial. Viewer, visitor,member, subscriber or customer will not have the right to engagein pre-trial discovery except as provided in the rules; you willnot have the right to participate as a representative or memberof any class of claimants pertaining to any claim subject to arbitration;the arbitrator's decision will be final and binding with limitedrights of appeal. Theprevailing party shall be reimbursed by the other party for anyand all costs associated with the dispute arbitration, includingattorney fees, collection fees, investigation fees, travel expenses.
If anymatter concerning this purchase shall be brought before a courtof law, pre- or post-arbitration, Viewer, visitor, member, subscriberor customer agrees to that the sole and proper jurisdiction to bethe state and city declared in the contact information of the webowner unless otherwise here specified - Rio Tinto, Portugal. In the eventthat litigation is in a federal court, the proper court shall bethe closest federal court to the Seller's address. APPLICABLELAW Viewer,visitor, member, subscriber or customer agrees that the applicablelaw to be applied shall, in all cases, be that of the state of theSeller.
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