All Rights Reserved.
1. Binding Agreement
This site (together with any successor site(s) and all Services (as defined below), the “Site“) is operated by Lawrence Genova (“his“). Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
2. User Age
This Site is not intended for use by persons under age 16 and Lawrence Genova does not knowingly attempt to solicit or receive any information from persons under age 16. Use of this Site, or any registration that may be required to access portions of this Site may only be made by those persons who are at least 18 years of age. By using this Site, you are representing that you are at least 18 years of age.
3. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, Lawrence Genova grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the text, graphics, content, information, audio, video and other services (the “Materials”), which Lawrence Genova makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of Lawrence Genova. Requests for permission to reproduce any information contained on this Site should be addressed to Lawrence Genova at 290 L St, #1842, Benicia, California 94510, attention: Webmaster. Notwithstanding the above, Lawrence Genova authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site. This license does not include the right to modify this Site, or any portion of it, except with the express written consent of Lawrence Genova. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any sending of unsolicited e-mail, including promotions and/or advertising of products or services; any submission of a virus to the Site, overloading, flooding, mail bombing or crashing; any use of data mining, robots, or similar data gathering and extraction rules; or any other form of hacking, interference, spamming, sabotage or manipulation is strictly prohibited. You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable. You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void. Lawrence Genova reserves the right, at his sole discretion, to pursue all of his legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.
You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with Lawrence Genova or their respective owners.
5. Compliance with Laws
This Site is administered by Lawrence Genova from his office within the United States. It is Lawrence Genova’s policy to comply with all applicable laws, including, but not limited to, state and federal laws. You agree that you will comply with all such applicable laws.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LAWRENCE GENOVA DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. LAWRENCE GENOVA RESERVES THE RIGHT, IN HIS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. LAWRENCE GENOVA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
7. Links to Third-Party Sites
Lawrence Genova may provide on this Site, solely as a convenience to its users, links to web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Lawrence Genova does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Lawrence Genova is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with Lawrence Genova or is authorized to use any trademark, trade name, logo or copyright symbol of Lawrence Genova.
8. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Lawrence Genova. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
9. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAWRENCE GENOVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OR YOUR INABILITY TO USE THE SITE, ITS MATERIALS OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY UNDER SOME CIRCUMSTANCES. THE OBLIGATIONS AND RESPONSIBILITIES OF LAWRENCE GENOVA REGARDING HIS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE TERMS AND CONDITIONS OF SALE UNDER WHICH SUCH PRODUCTS AND SERVICES ARE SOLD.
All content contained herein is subject to change without notice, but Lawrence Genova has no responsibility to update any information on this Site. Lawrence Genova reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. Lawrence Genova may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Lawrence Genova may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of Lawrence Genova shall survive the termination of this Agreement.
12. Intellectual Property
This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Lawrence Genova does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Lawrence Genova or of any third party. All Web Site design, text, graphics, and the selection and arrangement thereof, are the property of Lawrence Genova or their respective owners. All musical compositions, music lyrics, and blog content on this Site and the trademarked logo near the top of this page and on this Site, and the selection and arrangement thereof are the property of Lawrence Genova. All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of Lawrence Genova or third party products or web sites (“Company Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to Lawrence Genova or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.
These terms and conditions of use and any dispute between you and Lawrence Genova arising out of or related to this Agreement or your use of this Site (the “Disputes”) shall be construed, interpreted and governed by the laws of the state of California, U.S.A., without giving effect to its conflict of laws provisions. The state and federal courts located in Solano County, California shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes. These terms and conditions shall constitute the entire agreement between Lawrence Genova and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.