GO HUGE Web Site User Agreement

Thanks for visiting the GO HUGE Web site! In order to keep the site fun, safe and informative, we have set up some terms and conditions for use of the site. These terms and conditions may change from time-to-time, so you should check this User Agreement periodically for changes. By using this site, you agree to abide by these terms and conditions of use. By using the site after we post changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. These terms and conditions apply only to your use of the GO HUGE Web site. These terms and conditions do not apply to your use of unaffiliated sites linked to the GO HUGE Web site.

Trademark and Copyright Information

GO HUGE is a registered trademark of GHRP, Inc. ("GHRP"). "GO HUGE" may not be used in connection with any product or service that is not associated with the GO HUGE Web site or GHRP, and may not be used in any manner that is likely to cause confusion among customers or disparages or discredits the GO HUGE Web site or GHRP.

All content included on this site, including, but not limited to logos, graphics, images, text and icons, is the property of GHRP or its content suppliers and is protected by U.S. and international copyright laws. You may download the materials appearing on the GO HUGE Web site only for your personal use. This means that you may download one copy of these materials on any single computer and print a copy of the materials for your personal, non-commercial use, provided that you neither change nor delete any author attribution, trademark, legend or copyright notice.

When you download copyrighted material you do not obtain any ownership rights in that material. No permission is granted to you to print, copy, publish, reproduce, distribute, transmit, upload, download, store, display in public, alter, adapt, modify or in any way exploit the content of the GO HUGE Web site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the GO HUGE Web site. To seek our permission, you may write to Stephen Bowen or Aimee Cook at Blumenfeld & Cohen, Four Embarcadero Center, Suite 1170, San Francisco, CA 94111, or e-mail steve@technologylaw.com or aimee@technologylaw.com. Under no circumstances may you change or delete any author attribution, trademark legend or copyright notice appearing on the copyrighted material.

Unless GHRP expressly grants you permission to do so, you may not use the GO HUGE Web site’s icons, site address, or other means to hyperlink other Internet sites with any page in the GO HUGE Web site. GHRP assumes no responsibility for any other party's site hyperlinked to the GO HUGE Web site.

Linked Sites

The GO HUGE Web site contains links to sites that are not maintained by GHRP. We do out best to include links only to non-offensive sites, however we cannot guarantee that linked sites will not change without our knowledge. We cannot control the content of linked sites not maintained by GHRP and are not responsible for the content of those linked sites. Inclusion of links to sites not maintained by GHRP does not imply GHRP’s endorsement of the linked sites or their content. We neither endorse, nor accept responsibility for, the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held liable, either directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any site linked to the GO HUGE Web site. We are not responsible for the availability of other sites to which the GO HUGE Web site links.

Material Submitted to the GO HUGE Web Site

Feel free to share your comments and questions with us and other users, but be aware that we assume no responsibility for reviewing unsolicited ideas for our business. GHRP will not incur any liability as a result of any similarities that may appear between material submitted to GHRP or the GO HUGE Web site and future GHRP projects.

You, and not GHRP, are responsible for the messages and material you submit. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of GHRP.

You specifically acknowledge that GHRP is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties. GHRP reserves the right to remove such materials from the GO HUGE Web site without liability. GHRP does not accept liability for user-submitted material that remains on the Web site.

Disclaimers

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

GHRP DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GO HUGE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GHRP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GHRP IS NOT LIABLE FOR THE COST OF ANY SERVICING, REPAIR OR CORRECTION WHICH MAY BE DEEMED NECESSARY.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION

WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF GOODS OR SERVICES.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL GHRP OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE. GHRP SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE GO HUGE WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL GHRP’S TOTAL LIABILITY, OR THE TOTAL LIABILITY OF ITS LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAY TO GHRP, IF ANY, IN ORDER TO ACCESS THE GO HUGE WEB SITE.

Chat Room and BBS

You may not post any material that is libelous, defamatory, obscene, abusive, or that would otherwise violate any law. You may not discuss other private individuals by name or in any way that makes them identifiable. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material posted on the Chat Room or BBS by users. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

You may offer goods or services for sale using the chat room or BBS, however GHRP accepts no responsibility or liability for any third-party sales of goods or services to users. GHRP plays no role in such transactions, and offers its chat room and BBS only as a convenience to users. If you buy and/or sell goods and services using our chat room or BBS, you do so upon your own initiative and AT YOUR OWN RISK.

GHRP respects the intellectual property rights of others, and requires that visitors to our site do the same. By posting on the GO HUGE Web site, you give (or warrant that the owner of such rights has expressly granted) GHRP the perpetual, nonexclusive right to use your postings in books, articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.

Safety Advice

The extreme sport activities depicted and described on the GO HUGE Web site are potentially dangerous forms of activity, which require skill and training in order to accomplish safely. DO NOT ATTEMPT TO PARTICIPATE IN THESE ACTIVITIES WITHOUT FIRST OBTAINING THE PROPER INSTRUCTION BY TRAINED PROFESSIONALS. The discussion of extreme sport activities appearing on the GO HUGE Web site should not be construed as a suggestion that any user, experienced or otherwise, participate in the activities described on the GO HUGE Web site. Users who choose to participate in such activities do so on their own initiative and at their own risk. GHRP accepts no responsibility for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission

Some of the material available on the GO HUGE Web site, such as the photographs contained in the Carnage section of the Photo Gallery, contains content that may not be appropriate for children. WE STRONGLY RECOMMEND THAT ALL VISITORS UNDER THE AGE OF 13 OBTAIN PARENTAL PERMISSION BEFORE VIEWING THIS PORTION OF THE SITE.

Miscellaneous

This site is created and controlled by GHRP in the State of California, United States of America. GHRP does not warrant that materials appearing on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.

The laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in San Francisco County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

This is the entire agreement between you and GHRP relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to Stephen Bowen or Aimee Cook at Blumenfeld & Cohen, Four Embarcadero Center, Suite 1170, San Francisco, CA 94111. You may e-mail them at steve@technologylaw.com or aimee@technologylaw.com.

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