Terms
of Use
and
18
U.S.C. 2257 Record-Keeping
Requirements Compliance Statement
LEGAL NOTICES
NOTHING IN THESE VIDEOS & IMAGES IS MEANT TO CONDONE THE PRACTICE OF UNSAFE SEX. WE STRONGLY URGE YOU TO ALWAYS PROTECT YOURSELF AND YOUR PARTNER AND PRACTICE SAFE SEX WITHIN A MONOGAMOUS RELATIONSHIP. YOU MUST NEVER COERCE SOMEONE TO HAVE SEX AGAINST THEIR WILL, NOR TO HAVE SEX WITH A PERSON UNDER THE LEGAL AGE OF MAJORITY AND CONSENT, WHETHER THEY CONSENT OR NOT.
18
U.S.C. 2257 Record-Keeping
Requirements Compliance Statement
In
compliance with United States Code, Title 18, Section 2257, all models, actors,
actresses, and other persons who appear in any visual depiction on this web
site, whether of actual sexually explicit conduct, simulated sexual conduct,
or otherwise, were at least 18 years of age when said visual depictions were
created. Records required to be maintained pursuant to U.S.C. Title 18, Section
2257 are in the possession of record custodian D. Kwon and available for inspection
Sun-Mon between 8am and 6pm PST at LC
Productions, 25452 Mosswood Way, Lk Forest, CA 92630.
The images contained on this site were produced, published, republished, reproduced, or reissued between 01/02/1999 and
LIMITED LICENSE & ACCEPTABLE USE. lisachu.com provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of lisachu.com. Users of lisachu.com are granted a single copy license to download (on a single computer only) one copy of any of the information made available for downloading found on this site for personal, non-commercial use only. lisachu.com reserves the right to limit the amount of materials downloaded. Commercial use of lisachu.com, or any material located on it, is strictly prohibited. In addition, users of lisachu.com may not: (1) modify any of the materials found in any area of lisachu.com; (2) use any of the materials found in any area of lisachu.com for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of lisachu.com; or (4) otherwise transfer any material located in any area of lisachu.com to any other person or entity including posting to newsgroups or public forums. lisachu.com reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded or otherwise copied from this site. lisachu.com reserves all other rights coincident or related to this site. The use of download managers, for example Gozilla, to download more than 1 (one) image or movie file at a time is strictly prohibited and may result in closure of your account.
PRIVACY POLICY. If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account. We do not, and will not, distribute, rent, or sell any identifiable information to third parties without your express consent, other than as necessary to process your credit card payment. We very much respect the need for privacy by our visitors. You will not receive any e-mail from us unless you or someone else using your e-mail address has requested it and can indicate at any time that you do not wish to receive e-mail information from us. We do not provide your e-mail to third parties without your express consent. How secure is my information? lisachu.com takes reasonable precautions to maintain the security of any information obtained from and about you. We provide you with a secure web page through which to submit your billing information when you join the membership portion of our web site. We maintain your personally identifiable information in a reasonably secure manner including storing such information behind firewalls. NOTICES. Notices by lisachu.com to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to lisachu.com shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to lisachu.com by means of electronic message must be sent to support@lisachu.com.
LISACHU.COM WEBSITE AND MEMBERSHIP: TERMS AND CONDITIONS
The following Terms and Conditions govern your use and access to the LisaChu.com
(“Lisa Chu”) website (the “Site”).
NOTE: These Terms and Conditions govern your membership to the Site if you become
a member. By accessing, using, printing, installing, or downloading any material
from the Site, or becoming a member to the Site, you agree to be bound by these
Terms and Conditions. These Terms and Conditions are subject to change by the
Site at any time in its discretion. Your use of this Site after such changes
are implemented constitutes your acknowledgment and acceptance of the changes.
If you do not agree to be bound by these Terms and Conditions, you may not enter
the Site, you must exit the Site immediately, and you may not use or access
the Site or print or download any materials from them. You may use and access
the Site only in accordance with these Terms and Conditions. Please consult
these Terms and Conditions regularly and read them carefully before using the
Site. You affirm that you have read this Agreement and understand, agree and
consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access
may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Site.
I. Adult Entertainment
The Site offers online entertainment services that may be deemed adult in nature
and which may contain graphic depictions, nudity, adult language, and descriptions
of explicit sexual activity. You acknowledge that you are aware of the nature
of the content provided by these Site, that you are not offended by such content
and that you access the Site freely, voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending
on the age of majority in your jurisdiction, and that you have the legal capacity
to enter into this agreement. If you are not at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, you must exit the Site
immediately and may not use or access the Site or print or download any materials
or purchase any materials (as defined below) from them.
III. No Child Pornography
You understand that all models appearing on the Site are, and were at the time
of all recorded images, at least 18 years of age, and that the Site contain
no child pornography. We take a strong and definite stand against child pornography
and only publish images of consenting adults for consenting adults. We enthusiastically
cooperate with any law-enforcement agency investigating child pornography. If
you suspect other outside websites are participating in unlawful activities
involving minors, please report them to asacp.org
and law enforcement.
IV. Protected Speech
You further acknowledge that the Site contain only images protected by the
First Amendment to the United States Constitution. If you are seeking obscenity
or child pornography, please leave this Site immediately.
V. Trademark Information
LisaChu.com, LisaChu, and Lisa Chu Productions are trademark and/or service
marks of LC Productions in the United States. All rights are reserved. Other
manufacturers’ product and service names referenced herein may be trademarks
and service marks of their respective companies and are the exclusive property
of such respective owners. Lisa Chu’s marks may not be used publicly except
with express written permission from LC Productions, and may not be used in
any manner that is likely to cause confusion among consumers, or in any manner
that disparages or discredits Lisa Chu.
VI. Copyright
The material and content accessible from the Site, and any other World Wide
Web site owned, operated, licensed, or controlled by Lisa Chu (collectively,
“Materials”) is the proprietary information and valuable intellectual
property of Lisa Chu or the party that provided the Materials to Lisa Chu,
and Lisa Chu or the party that provided the Materials to Lisa Chu retains
all right, title, and interest in the Materials. Accordingly, the Materials
may not be copied, distributed, republished, uploaded, posted, or transmitted
in any way without the prior written consent of Lisa Chu, except that you may
print out a copy of the Materials solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend
appearing on any of the Materials. Modification or use of the Content except
as expressly provided in these Terms and Conditions violates Lisa Chu’s intellectual property rights. Neither title nor intellectual property rights
are transferred to you by access to the Site. All content included on the Site,
such as text, graphics, photographs, video and audio clips, music, soundtracks,
button icons, streaming data, animation, images, downloadable materials, data
compilations and software is the property of Lisa Chu or its content suppliers
and is protected by United States and international copyright laws. The compilation
of all content on each Site is the exclusive property of Lisa Chu or its content
suppliers and protected by United States and international copyright laws, as
well as other laws and regulations.
VII. Access to Site
To access the Site or some of the resources they have to offer, you may be
asked to provide certain registration details or other information. It is a
condition of your use of these Site that all information you provide will be
correct, current, and complete. If Lisa Chu believes the information you provide
is not correct, current, or complete, Lisa Chu has the right to refuse you
access to these Site or any of its resources, and to terminate or suspend your
access at any time. Subject to these Terms and Conditions and in consideration
of your becoming a member to a Site, Lisa Chu hereby grants you a limited,
nonexclusive, nontransferable personal license to access the Site and the Materials
contained therein. Subject to Section IX (F), provided that you are a member
in good standing to a Site, you may cache the Materials onto a single computer
for your personal, non-commercial internal use only. All Materials on the Site
shall be for private use only, and all other uses are strictly prohibited. You
agree to prevent any unauthorized copying of the Site, or any of the
Materials contained therein. Any unauthorized use of a Site or any of the Materials
contained therein terminates this limited license effective immediately. This
is a license to use and access a Site for its intended purpose and is not a
transfer of title. Violators of this limited license may be prosecuted to the
fullest extent under law.
VIII. Restrictions on Use of Site
You may use the Site for purposes expressly permitted by the Site. You may not
use the Site for any other purpose, including any commercial purpose, without
Lisa Chu’s express prior written consent. Without the express prior written
authorization of Lisa Chu, you may not: (a) duplicate a Site or any of the Materials
contained therein (except as expressly provided above in Section VII); (b) create
derivative works based on a Site or any of the Materials contained therein;
(c) use the Site or any of the Materials contained therein for any commercial
purpose, or for any public display, public performance, sale or rental; (d)
distribute the Site or any of the Materials contained therein; (e) remove any
copyright or other proprietary notices from the Site or any of the Materials
contained therein; (f) frame or utilize any framing techniques in connection
with the Site or any of the Materials contained therein; (g) use any meta-tags
or any other “hidden text” using Lisa Chu’s name or marks;
(h) “deep-link” to any page of the Site (including the homepage);
(i) circumvent any encryption or other security tools used anywhere on the Site
(including the theft of user names and passwords or using another person’s
user name and password in order to gain access to a restricted area of the Site);
(j) use any data mining, robots or similar data gathering and extraction tools
on the Site; (k) decompile, reverse engineer, modify or disassemble any of the
software aspect of the Materials except and only to the extent permitted by
applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute,
re-transmit, time-share, use as a service bureau or otherwise assign to any
third party the Materials or any of your rights to access and use the Materials
as granted in Section VII above; or (m) bookmark any page of any Site beyond
the membership log-in screen. You agree to cooperate with Lisa Chu in causing
any unauthorized use to cease immediately. At any time, if the Site provide
a service enabling users to share information or communicate with other users,
you hereby agree not to publish, disseminate or submit any defamatory, offensive
or illegal material while using the Site or other services included on the Site.
You are solely responsible for submitting any material that violates any United
States or International laws even if a claim arises after your service is terminated,
and, by doing so, your actions shall constitute a material breach of this Agreement
and the Site shall terminate all your rights under this Agreement. If users
are allowed to share information and communicate with other users, you agree
that all materials you submit will be accessible to other users and will not
be secure or private. You hereby agree that you have been noticed that all communications
submitted to the Site can be accessed by agents, operators, and other users,
regardless if they are the intended recipients of the messages.
IX. Membership
A. Registration
You are responsible for providing all equipment and the computer necessary to access the Site. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, Lisa Chu or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Lisa Chu of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lisa Chu or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lisa Chu has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Site.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Lisa Chu will not release your password for security reasons. You agree to (a) immediately notify Lisa Chu of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Site until you notify Lisa Chu by email regarding that unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Site upon request.
C. Fees
You agree to pay all membership fees when due according to the billing terms. Lisa Chu posts the current membership fees for each Site as part of the registration process. Lisa Chu reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Lisa Chu reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing LisaChu.com for all credit card charge backs, dishonored checks and any related charges. You authorize Lisa Chu and its agents to make payments for the services provided to you through the Site by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of LisaChu.com’ goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to Lisa Chu or the Site when you have an outstanding charge to LisaChu.com shall make you liable to LisaChu.com for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
E. Refund Policy
LisaChu.com does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by LisaChu.com or our authorized agents provides extensive credit card fraud protection measures and our Site include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
F. Download Limit
As a member in good standing, you may download up to 1 GB (1,000 MB, or 1,000,000,000 bytes) of data each day. Upon reaching this limit, you may be denied access to download any additional data until the beginning of the next day.
X. Termination
You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Site. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Site to which you were a member.
LisaChu.com may terminate your access to a Site at any time, with or without advance
notice, if: (a) LisaChu.com believes that you have breached any material term
of these Terms and Conditions, (b) if you fail to pay any amount due by the
payment due date; or (c) LisaChu.com decides to cease operations or to otherwise
discontinue the Site. Further, you agree that neither LisaChu.com nor
any third party acting on our behalf shall be liable to you for any termination
of your membership or access to the Site. You agree that if your account
is terminated by LisaChu.com, you will not attempt to re-register as a member
without prior written consent from Lisa Chu.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN
IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LISACHU MAKES
NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LISA CHU MAKE
ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT LISA CHU CANNOT AND DOES NOT
GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET
WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. LISA CHU DOES NOT ASSUME ANY RESPONSIBILITY
OR RISK FOR YOUR USE OF THE INTERNET. LISA CHU MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION
ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL
OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
XII. Limitation of Liability
IN NO EVENT SHALL LISA CHU (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS,
SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU,
OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE,
MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN,
EVEN IF LISA CHU HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS
IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF LISA CHU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
LISA CHU’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES
EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR Site FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE
OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
XIII. Indemnity
You agree to defend, indemnify, and hold harmless LisaChu.com, its affiliates,
officers, directors, shareholders, employees, independent contractors and agents,
from and against any and all claims, actions, liabilities, costs, or demands,
including without limitation legal and accounting fees, for all damages directly,
indirectly, and/or consequentially resulting or allegedly resulting from your,
or you under another person’s authority including without limitation to
governmental agencies, use, misuse, or inability to use the Site or any of the
Materials contained therein, or your breach of any of these Terms and Conditions.
LisaChu.com shall promptly notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defense of such claim or suit.
LisaChu.com may participate in the defense of such claim or defense at its own
expense, and choose its own legal counsel, but is not obligated to do so.
XIV. Links
Some web Site which are linked to the Site are owned and operated by third
parties. Because LisaChu.com has no control over such Site and resources, you
acknowledge and agree that LisaChu.com is not responsible for the availability
of such external Site or resources, and does not screen or endorse them, and
is not responsible or liable for any content, advertising, services, products,
or other materials on or available from such Site or resources. You further
acknowledge and agree that LisaChu.com 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 such third-party content, goods or
services available on or through any such site or resource. If you decide to
access any such third party Site, you do so entirely at your own risk and subject
to any terms and conditions and privacy policies posted therein.
XV. Notice of Claimed Infringement
Lisa Chu respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Lisa Chu’s Copyright Agent the
following information:
(a) an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that
you claim has been infringed;
(c) a description of where the material that you claim is infringing is located
on a Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s
behalf.
You may send your Notice of Claimed Infringement to support@lisachu.com.
XVI. Notice and Takedown Procedures
Lisa Chu reserves the right at any time to implement a “notice and takedown”
procedure upon receipt of any notification of claimed infringement. Lisa Chu
reserves the right at any time to disable access to, or remove any material
or activity accessible on or from any Site or any Materials claimed to be infringing
or based on facts or circumstances from which infringing activity is apparent.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on
the Site may be subject to regulation by agencies of the U.S. Government, including
the U.S. Department of Commerce, which prohibits export or diversion of software
to certain countries and third parties. Diversion of such Materials contrary
to U.S. law is prohibited. You will not assist or participate in any such diversion
or other violation of applicable U.S. laws and regulations. You warrant that
you will not license or otherwise permit anyone not approved to receive controlled
commodities under applicable U.S. laws and regulations and that you will abide
by such laws and regulations. You agree that none of the Materials is being
or will be acquired for, shipped, transferred, or re-exported, directly or indirectly,
to proscribed or embargoed countries or their nationals or be used for proscribed
activities.
XVIII. Force Majeure
LisaChu.com shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil
or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any failure of a computer,
server or software, including Y2K errors or omissions, for so long as such event
continues to delay LisaChu.com’ performance.
XIX. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Orange County, California.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party’s
breach, and that an aggrieved party shall therefore be entitled to seek injunctive
relief in the event of any such breach, in addition to seeking all other remedies
available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles or Orange Counties, California (the choice of county Lisa Chu's discretion), and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver of LisaChu.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
J. Modifications
Lisa Chu reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following Lisa Chu’s posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Lisa Chu does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Lisa Chu in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
L. Other Jurisdictions
Lisa Chu makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.