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User Agreement
The text below is our user site agreement. These are the terms and conditions required for access to our site. Please read completely before deciding to agree or disagree with these terms.
1.
SCOPE
OF TERMS
Within these Web Services Terms of Use
("Terms") the term "RND" or "we" will refer to
Russian Newspaper Distribution, Inc. that operates Website and online services
on its behalf. The term "you" refers to you as a user of RND’s Web
Services described below.
1.1.
Scope of Terms. These terms set forth the terms and conditions trough
which RND will permit you to use this RND-owned and operated website and
services:
a)
The
website www.larakurs.com hosted in the
United States (“Website”); and
b)
A
collection of online resources, including classified ads, forums, and various
email services, (collectively referred to as ("the Web Services").
1.2.
Exclusion from the Terms. The
Content and/or User Content, as defined below, available through the Web
Services may contain links to other websites, community forums, bulletin
boards, chat rooms, and blogs, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services, and the Internet as a whole, which are completely independent of
RND. These web sites have their own
terms of service and we encourage you to read before you use them. Participants
in these forums, bulletin boards, chat rooms, and blogs and etc. are solely
responsible for all content that they post there.
2.
ACCEPTANCE
OF THE TERMS
2.1. In order for you to use any of the Web Services, you must first
agree to abide by the Terms. You can accept these Terms by:
a)
Checking
the box next to "I have read and agree to the Terms of Service" (or
similar language); or
b)
By accessing
and/or using the Web Services in any way, in which case you understand and
agree that these Terms will apply to your use of those services (or any parts
of them).
c)
In
addition, when using particular Web Services, you agree to abide by any
applicable posted guidelines or privacy policies, which may change from time to
time.
2.2. Should you object to any term or condition of the
Terms, any guidelines, privacy policies or any subsequent modifications thereto
or become dissatisfied with Web Services in any way, your only recourse is to
immediately discontinue use of the Web Services.
2.3. RND has the right, but is not obligated, to
strictly enforce the Terms through self-help, community moderation, active investigation,
litigation and prosecution.
3.
CONTENT
ON THE RND WEB SERVICES
You acknowledge and agree that all information,
content, services and software displayed on, transmitted through, or used in
connection with the Web Services, with the exception of User Content and Third
Party Content as defined below, including for example news articles, reviews,
directories, text, photographs, images, html, source and object codes,
trademarks, logos and the like, (the "Content") is owned by RND, its
licensors and suppliers, or other companies that give RND the right to
distribute their Content.
RND grants you a limited license to view the Content
and to use the Web Services for personal, non-commercial purposes as set forth
in these Terms or in a manner that does not require a license. Unless the
Content was legally posted by you on the Web Services, you may not distribute
copies of the Content in any form (including by e-mail or other electronic
means), without prior written permission from its owner except as permitted by
law. Of course, you are free to encourage others to access the Content and to
tell them how to find it.
Unless you have agreed otherwise in writing with RND,
nothing in the Terms gives you a right to use any of RND's trade names, trade
marks, service marks, logos, domain names, and other distinctive brand features
except as permitted by law.
In addition, our Content providers want to remind you
that you must not remove, alter, interfere with, or circumvent any copyright,
trademark, or other proprietary notices marked on the Content or any digital
rights management mechanism, device, or other content protection or access
control measure associated with the Content. The copying, downloading, stream
capturing, reproduction, duplication, archiving, distribution, uploading,
publication, modification, translation, broadcast, performance, display, sale,
or transmission of the Content is strictly prohibited unless it is expressly
permitted by RND in writing. You may not incorporate the Content into any
hardware or software application. This prohibition applies even if you intend
to give away the derivative materials free of charge.
4.
USER
CONTENT
Some of the material appearing on the Web Services
will be provided by users. Children under the age of 13 should not post in any
of the forums, boards, chat rooms, blogs, other editorial sections of the Web
Services. You understand and agree that all postings, messages, text, files,
images, photos, audio files or other audio-visual, or other materials posted
on, transmitted through, or linked from to any larakurs.com bulletin board,
forum, blog space, message or chat area of the Web Service ("User Content"),
are the sole responsibility of the person from whom such User Content
originated. More specifically, you are entirely responsible for each individual
item ("Item") of User Content that you post, email or otherwise make
available via the Web Service. You understand and agree that RND does not
control, own and is not responsible for the User Content made available through
the Web Services, and that by using the Web Services, you may be exposed to
User Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable.
Further, you agree that, with respect to any User
Content you submit to us for posting on the Web Services, you will not: (i)
include any content that violates a third party's copyright or other
proprietary or privacy rights; (ii) publish falsehoods or misrepresentations
portrayed as fact; (iii) include any advertising or solicitations; or (iv)
submit any material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise clearly
inappropriate.
If you post any User Content to the Web Services, you
hereby grant RND and its licensees a worldwide, perpetual, royalty-free,
non-exclusive right and license to use, reproduce, publicly display, publicly
perform, modify, sublicense, and distribute the content, on or in connection
with the Web Services or the promotion of the Web Services, and incorporate it
in other works, in whole or in part, in any manner. You represent and warrant
that you own the content or otherwise have sufficient rights in it to grant to RND
the license set forth in this section without infringing or violating the
rights of any third party. You agree to pay for all royalties, fees, and any
other monies owing any person or entity by reason of the use of any User
Content posted by you on or through the Web Services.
If you remove content that you have posted to the Web Services or
terminate your Web Services account, this license will automatically expire,
with a few limited exceptions. RND may retain, but will not actively use,
copies of your data that were archived in the normal course of RND's database
backups. In addition, copies of content that you have shared with other users
of the Web Services may be retained by RND and associated with those other
users' accounts in order to provide them with the Web Services. RND does not
assert any ownership over content that you post to the Web Services; rather, as
between RND and you, subject to the rights granted to us in these Terms, you
retain full ownership of all content you post to the Web Services and any
intellectual property rights or other proprietary rights associated with the
content. RND retains the right, but not the obligation, to correct any errors
or omissions in any of this content, as it may determine in its sole
discretion. RND further reserve the right to delete or remove any content from
the forums or blogs without prior notice or liability.
5.
PROHIBITED
USES
You specifically agree not to post, email, or otherwise make available User
Content:
- that is
libelous, obscene, unlawful, harmful, threatening or defamatory, abusive,
harmful to minors in any way , or which in any way constitutes or
encourages conduct that would constitute a criminal offense, or otherwise
violate any local, state, federal, or non-U.S. law, order, or regulation;
- that violates or attempts to violate
the privacy rights, publicity rights, copyrights, trademark rights, patent
rights. contract rights or any other rights of any person;
- that involves the transmission of
"junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming;
- that initiates, perpetuates, or in any
way participates in any pyramid or other illegal scheme through the Web
Services;
- that participates in a practice
sometimes known as spidering or harvesting, or participates in the use of
software (including "spyware") designed to facilitate this
activity;
- that collects responses from
unsolicited bulk messages posted on the Web Services;
- that impersonate
any person or entity, engages in sender address falsification, forges
anyone else's digital or manual signature, or performs any other similar
fraudulent activity (for example, "phishing") on the Web
Services;
- that restricts,
inhibits, or otherwise interferes with the ability of any other person,
regardless of intent, purpose or knowledge, to use or enjoy the Web
Services (except for tools for safety and security functions such as parental
controls, for example), including, without limitation, posting or
transmitting any information or software which contains a worm, virus, or
other harmful feature, or generating levels of traffic sufficient to
impede others' ability to use, send, or retrieve information;
- that engages in
the systematic retrieval of data or other content from the Web Services,
except though APIs or other interfaces specifically provided for this
purpose, to creates or compiles, directly or indirectly, a collection,
compilation, database or directory, without RND's prior written consent;
- that harasses, degrades, intimidates
or is hateful toward an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates
the Fair Housing Act by stating, in any notice or ad for the sale or
rental of any dwelling, a discriminatory preference based on race, colour,
national origin, religion, sex, familial status or handicap(or violates
any state or local law prohibiting discrimination on the basis of these or
other characteristics);
- that violates
federal, state, or local equal employment opportunity laws, including but
not limited to, stating in any advertisement for employment a preference
or requirement based on race, colour, religion, sex, national origin, age,
or disability.
- with respect to
employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act,
including requiring U.S. citizenship or lawful permanent residency (green
card status) as a condition for employment, unless otherwise required in
order to comply with law, regulation, executive order, or federal, state,
or local government contract.
- that
impersonates any person or entity, including, but not limited to, an RND employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision
does not apply to User Content that constitutes lawful non-deceptive
parody of public figures.);
- that includes personal or identifying
information about another person without that person's explicit consent;
- that is
pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii)
masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person
- that advertises
any illegal service or the sale of any items the sale of which is
prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by
California law.
Additionally, you agree not to:
- Contact anyone
who has asked not to be contacted, or make unsolicited contact with anyone
for any commercial purpose;
- "stalk"
or otherwise harass anyone;
- Collect
usernames, user id numbers, and/or email addresses of Web Services users
by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the Web Services, or employ third
party promotional sites or software to promote profiles for money;
- use automated
means, including spiders, robots, crawlers, data mining tools, or the like
to download data from the Service - unless expressly permitted by RND;
- attempt to gain
unauthorized access to RND's computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance
of, or impairs the functionality of, the Web Services.
6.
UNAUTHORIZED
USE OF YOUR ACCOUNT
You agree and understand that you are responsible for
maintaining the confidentiality of the password(s) you use to access the Web
Services. Accordingly, you agree that you will be solely responsible to RND for
all activities that occur under your Web Services accounts, and will be
responsible for any breach of these Terms caused by these activities. If you
become aware of any unauthorized use of your password or of your account, you
agree to notify RND immediately.
7.
PRIVACY
AND INFORMATION DISCLOSURE
Use of the Web Services is also governed by our
Privacy Policy, which is incorporated into these Terms by this reference.
Your use of the Web Services signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that RND
may, in its sole discretion, preserve or disclose your User Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other
user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the Terms; respond to claims that any User Content violates
the rights of third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted or transmitted
without their consent or as a form of harassment; protect the rights, property,
or personal safety of RND, its users or the general public.
8.
FEES.
You acknowledge that RND reserves the right to charge
for any portion of the Web Services and to change its fees (if any) from time
to time in its discretion. If RND terminates your access and/or use because you
have breached these Terms, you shall not be entitled to the refund of any
unused portion of fees or payments (if any).
9.
DISCLAIMERS
AND RELEASES
YOU AGREE THAT YOUR USE OF THE RND WEB SERVICES IS AT
YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION
AVAILABLE THROUGH THE RND WEB SERVICES, AND THE INHERENT HAZARDS AND
UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS,
OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY
ON THE RND WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT
YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM, EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL
AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE RND WEBS
SERVICES.
THE RND’S SERVICES ARE PROVIDED TO YOU "AS
IS," "WITH ALL FAULTS," AND "AS AVAILABLE." RND AND
ITS AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS,
TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE RND WEB SERVICES, NOR DO THEY
GUARANTEE THAT THE RND WEB SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT THE RND WEB SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RND DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
WEB SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEB SERVICES.
RND IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF
THE USER CONTENT POSTED THROUGH OR IN CONNECTION WITH THE WEB SERVICES, BY
USERS OF THE WEB SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT
THE OPINIONS OR POLICIES OF RND. IN ADDITION, RNDIS NOT RESPONSIBLE FOR ANY
DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE WEB SERVICES
THE CONTENT AND/OR USER CONTENT, AS DEFINED BELOW,
AVAILABLE THROUGH THE WEB SERVICES MAY CONTAIN FEATURES AND FUNCTIONALITIES
THAT MAY LINK YOU OR PROVIDE YOU WITH ACCESS TO THIRD PARTY CONTENT AS SET
FORTH IN SECTION 1 OF THE TERMS. RNDE IS NOT RESPONSIBLE FOR THE CONTENT,
ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES
AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR
ACCURACY OR COMPLETENESS BY RND. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON
THE WEB SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE
OR SERVICE BY RND. RND TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS
THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE WEB SERVICES, NOR DOES IT
TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD
PARTIES. RND IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF
ANY USER OF THE WEB SERVICES.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU
RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES,
AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ALL
RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR."
10.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RND OR ITS AGENTS BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY ASPECT OF USE OR
MISUSE OF RND WEB SERVICES, FROM INABILITY TO USE THE RND WEB SERVICES, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE RND
WEB SERVICES. THIS LIMITATION INCLUDES, WITHOUT LIMITATION, LIABILITY FOR
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF
ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM
OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND
OTHER TORT ACTIONS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE RND WEB SERVICES OR ANY LINKS ON THE RND WEBSITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE RND WEB SERVICES OR ANY LINKS ON THE RND WEBSITE.BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF RND
AND ITS AGENTS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE
LAW. YOU AGREE THAT THE LIABILITY OF RND AND ITS AGENTS, IF ANY, ARISING OUT OF
ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE RND WEB SERVICES SHALL NOT
EXCEED THE AMOUNT YOU PAID TO RND FOR THE USE OF THE RND WEB SERVICES.
11.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RND
(including all of their respective officers, directors, employees, agents,
licensors, suppliers and any third-party information providers) against all
claims, losses, expenses, damages and costs (including reasonable attorney fees
and court costs) resulting from any breach of the Terms or unauthorized use of
the Web Services, User Content you submit, post or make available through the Web
Services or your violations of any rights of another. RND reserves the right,
at its election to assume the exclusive defense and control of any matter
subject to indemnification by you and you agree to cooperate with RND in
connection with our defense.
12.
COPYRIGHT
INFRINGEMENT
RND is committed to complying with U.S. copyright and
related laws, and requires all users of the RND Web Services to comply with
these laws.
If you are the owner of any copyrighted work and
believe your rights under U.S. copyright law have been infringed by any
material on the Website or the Web Services, you may take advantage of certain
provisions of the Digital Millennium Copyright Act (the "DMCA") by
sending RND's authorized agent a notification of claimed infringement that
satisfies the requirements of the DMCA. Upon RND's receipt of a satisfactory
notice of claimed infringement, RND will respond expeditiously either directly
or indirectly (i) by removing the allegedly infringing work(s) accessible
through the Web Services (ii) by disabling access to the work(s). It is RND's
policy in accordance with the DMCA and other applicable laws to reserve the
right to terminate access to the Web Services or any part of those services for
any user who is either found to infringe third party copyright or other
intellectual property rights, including repeat infringers, or who RND, in its
sole discretion, believes is infringing these rights. RND may terminate access
to the Web Services at any time with or without
notice for any affected customer or user. If the affected user believes in good
faith that the allegedly infringing works have been removed or blocked by
mistake or misidentification, then that person may send a counter notification
to RND. Upon RND's receipt of a counter notification that satisfies the
requirements of DMCA, RND will provide a copy of the counter notification to
the person who sent the original notification of claimed infringement and will
follow the DMCA's procedures with respect to a received counter notification.
In all events, you expressly agree that RND will not be a party to any disputes
or lawsuits regarding alleged copyright infringement.
Copyright owners may send RND a notification of
claimed infringement to report alleged infringements of their works to the
RND’s location provided by these Terms.
Any notification of claimed infringement must be in a
form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright
Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding
alleged copyright infringement may be liable to RND, the alleged infringer, and
the affected copyright owner for any damages incurred in connection with the
removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been
filed against you, you can file a counter notification with RND's designated
agent using the contact information shown above. All counter notifications must
satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
13.
TERMINATION
OF SERVICE
If you use any of the Web Services (or parts of those
services) that are accessible without registration, you may discontinue use of
those services at any time. Doing so will terminate the Terms. If you use any
of the Web Services (or parts of those services) as a registered user, you may
terminate your registered user account at any time. Doing so will delete your
account and, because you can no longer use the service associated with that
account, terminate the Terms with respect to that service
You agree that RND, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account, block your
email or IP address, or otherwise terminate your access to or use of the Web
Services (or any part thereof), immediately and without notice, and remove and
discard any User Content within the Service, for any reason, including, without
limitation, if RND believes that you have acted inconsistently with the letter
or spirit of the Terms. Further, you agree that RND shall not be liable to you
or any third-party for any termination of your access to the Web Services. Further,
you agree not to attempt to use the Service after said termination.
14.
DISPUTE
RESOLUTION
If a dispute arises between you and RND, our goal is to provide you with
a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and RND agree that we will resolve any claim or controversy at
law or equity that arises out or in connection with these Terms, the Web
Services (a "Claim") in accordance with one of the subsections below
or as we and you otherwise agree in writing. Before resorting to these
alternatives, we strongly encourage you to first contact us. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation.
a) Governing
Law and Forum for Disputes - This Terms shall be governed in all respects
by the laws of the State of California as they apply to agreements entered into
and to be performed entirely within California between California residents,
without regard to conflict of law provisions. You agree that any claim or
dispute you may have against RND must be resolved exclusively by a state or
federal court located in Los Angeles County, California, except as otherwise
agreed by the parties or as described in the Arbitration Option paragraph
below. You agree to submit to the personal jurisdiction of the courts located
within Los Angeles County, California for the purpose of litigating all such
claims or disputes.
b) Arbitration Option - For any claim
(excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000, the party requesting relief
may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration, they
shall initiate such arbitration through an established alternative dispute
resolution ("ADR") provider mutually agreed upon by the parties. The
ADR provider and the parties must comply with the following rules: (a) the
arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party
initiating the arbitration; (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and (c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
15.
MISCELLANEOUS
PROVISIONS
These Terms set forth the entire understanding and
agreement between us with respect to the subject matter hereof.
Russian Newspaper Distribution, Inc. is located at 425
S. Fairfax Ave., Suite 301, Los Angeles, CA 90036.
In the event that any provision of these
Terms conflicts with the law under which these Terms are to be construed or if
any such provision is held invalid by a court with jurisdiction over the
Parties to this Agreement, such provision shall be deemed to be restated to
reflect as nearly as possible the original intentions of the Parties in accordance
with applicable law, and the remainder of this Agreement shall remain in full
force and effect.
In our sole discretion, we may assign these Terms or
any right, interest of benefit under these Terms.
Headings are for reference purposes only and do not
limit the scope or extent of such section.
Our failure to act with respect to a breach by you or
others doesn't waive our right to act with respect to subsequent or similar
breaches. We do not guarantee we will take action against all breaches of these
Terms.
We reserve the right, at our sole discretion, to
change, modify or otherwise alter these Terms at any time by posting the
amended terms on the Web Services. Except as stated elsewhere, such modified terms
shall be effective immediately upon posting thereof. You must review these
Terms on a regular basis to keep yourself appraised of any changes. You can
find the most recent version of the Terms at: www.larakurs.com/about/terms
The following Sections survive any termination of
these Terms: Sections 3, 4, 9-11, 14.
In accordance with Cal. Civ. Code §1789.3, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.