EFFECTIVE DATE: 2008 August 16
This website is operated by Sam Han ("Operator"). The information on this site is NOT intended to be legal advice. Moreover, no post or link on this website is intended to establish any attorney-client relationship, and no attorney-client relationship should be inferred in the absence of a written and executed engagement letter that expressly indicates the creation of an attorney-client relationship.
By clicking through to the links on this website, or by accessing posts on this website, You are agreeing to the following Terms and Conditions.
1. Agreement Between You and Operator. The following terms and conditions (the "Terms and Conditions") apply to all visitors to, or users of, this Web site. By accessing this Web site, You acknowledge acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, Operator reserves the right to seek all remedies available by law and in equity for such violations. Operator acknowledges that there are other available Web sites that offer comparable products and services. In that regard, Operator acknowledges that You have almost unlimited choices in selecting a Web site to accommodate Your needs, and that Your selection of this website is completely voluntary. In that regard, You agree, by entering into this Agreement, that You will be strictly bound to all of the terms and conditions set forth herein.
2. General Use Provisions and Copyright. You acknowledge that Operator has spent valuable time and effort in developing this Web site. Thus, all materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Operator. All Materials herein and all software are proprietary to Operator and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Operator.
3. Limited License. Operator appreciates the opportunity to enter into this Agreement with You. Thus, as part of the Agreement, Operator hereby authorizes You to view the materials available on this web site. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implications, estoppel or otherwise, any license or right under any patent, trademark or copyright of Operator.
4. Trademarks. You acknowledge that Operator and other third parties have made considerable efforts to increase the visibility, and therefore the value, of its trademarks, trade names, and service marks (the "Marks"). As such, the Marks displayed on this Web site are the property of Operator or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Operator or such third party which may own the Mark.
5. Compliance with Laws, Export Controls. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
6. Devices. You acknowledge that Operator has spent considerable time and money in providing these Materials to You and various other individuals. Thus, You acknowledge that Operator has an interest in maintaining a relatively responsive and reliable Web site. As such, You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any listing, offer or transaction being conducted on our site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
7. No Unlawful or Prohibited Use. As a condition of Your use of this Web site, You warrant to Operator that You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our service and any related activities. In addition, You warrant that You will not use this Web site in any way prohibited by these terms, conditions and notices.
8. Links to Third-Party Web Sites. In an effort to provide better service to You, Operator may provide links to Web sites operated by parties other than Operator. Such hyperlinks are provided for reference only. You acknowledge that Operator does not control such Web sites and is not responsible for their contents. Operator's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If You decide to access any of the third party sites linked to this Web site, You do so entirely at Your own risk.
9. General Disclaimer. Although Operator has attempted to provide accurate information on the Web site, Operator assumes no responsibility for the accuracy of the information. All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. Operator hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
10. Limitation on Liability. Neither Operator nor any of his agents, vendors or suppliers ("Operating Entities") will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any other services, or damages from the use of or reliance on the information present on this Web site, even if Operator has been advised of the possibility of such damages. To the extent that that You advise Operator of any dissatisfaction with this website, You agree that You will do so according to the express procedure set forth herein. In return, Operator shall attempt to reasonably cure such dissatisfaction. You agree that Operator's assessment of what would be a reasonable cure shall be binding, and You will not contest Operator's assessment.
11. Opportunity to Cure. Despite the express Limitation on Liability, as set forth herein, Operator seeks to maintain good relations with those who use the Materials. However, Operator has limited assets and limited capacity to address certain issues. Thus, due to such limitations, Operator sets forth the following procedures for reporting any dissatisfaction. You acknowledge that these procedures are reasonable, and that You will strictly adhere to these procedures for reporting any dissatisfaction with Operator Should there be any dissatisfaction with any of the services offered by Operator, You agree to provide express written notice to Operator, and provide Operator the opportunity to cure or accommodate the alleged dissatisfaction within a three (3) month period. The three (3) month period shall begin from the date that the written notice is received by Operator Such written notice shall be emailed to sam@samshan.com. The written notice shall begin with a subject line (or title), which recites, in all capital letters, "REPORTING OF DISSATISFACTION WITH THE WEBSITE." You agree to strictly follow these procedures for reporting any dissatisfaction, without any deviation, prior to commencing any other action, legal or equitable, against Operator. If You commence any action against Operator prior to following these procedures, and prior to providing Operator the opportunity to address any alleged dissatisfaction, then You agree to pay all costs associated with such action against Operator Such costs shall include court fees, attorneys' fees, filing fees, incidental costs, travel costs, lodging expenses, and any other costs, both foreseeable and unforeseeable, that are incurred by Operator in defending against such action. In other words, You acknowledge that Operator has limited resources, and, as such, You agree to incur any and all costs that are associated with defending any actions against Operator, whether initiated by You or by Operator
12. Modification of the Web Site. Operator (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Operator may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.
13. Modification of These Terms of Use. Operator reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site. It is Your responsibility to check terms and conditions of this Agreement at the time of each use.
14. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
15. Entire Agreement. This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
16. Choice of Law and Choice of Forum. This agreement is governed by the laws of the State of Ohio, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in or nearest to Dayton, Ohio, in all disputes arising out of or relating to this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
17. Services Not Provided. In connection with Your use of this website and/or services, You acknowledge and agree as follows a. Operator is not responsible for the content of, nor does it endorse, the third-party websites to which You may link using this website; b. Operator does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this website must be verified independently; c. Operator may make changes to its products and/or services and this website at any time and without notifying You or receiving Your consent; and d. While Operator complies with state and federal civil rights laws, Operator does not monitor transmissions of information by others and thus assumes no liability for others' failures to comply with such laws.
18. Contract Interpretation. Having fully read and understood this Agreement, You agree that any ambiguity in this Agreement shall be strictly construed in favor of Operator.
