Terms and Conditions
CLICK THROUGH AGREEMENT
The dog buddy match portions of the dogbuddymatch.com website (the “website”, “site” or “Dog Buddy site”) are not open to the public and may only be accessed by those invited guests who agree to be bound by the terms of this agreement (“Agreement”). By clicking the “I AGREE” icon below, you are manifesting your assent and agree to be bound by the terms of this Agreement.
1. Purpose. This website is intended to make the world a better place for dogs, by letting dog owners help their dogs play together. This Agreement binds you and other visitors to an agreement and a code of ethical conduct intended to achieve this purpose. The success of the site, however, depends on the adherence to the terms of this Agreement by you and all other visitors to this site. While Dog Buddy Match, LLC, a California limited liability company’s (“Dog Buddy”, “we”, “us” or “our”) will do our best to enforce the terms of this Agreement, as set forth below in Sections 10 and 11, we cannot warrant or represent that other visitors or their dogs will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
2. Agreement. By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if it had been personally signed by you. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect because it was entered into electronically.
3. Access and Prohibited Uses.
a. Access. By entering into this Agreement, you will be granted a revocable license to access the dog buddy match section of this website without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to this site or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges.
b. Prohibited Uses. You understand, acknowledge and agree that any access or use to the website shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the website. By way of example, you agree that you will not use the website to (1) set up profiles or request dog buddy matches in an attempt to obtain business for your professional dog walking, doggie day care, pet sitting or any other dog-related business; (2) try to make money in any other way, shape or form from other users. Dog Buddy Matches are free and based purely on mutual, complementary needs.
4. Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties. You further agree not to disclose to anyone your confidential password.
5. Confidential Information.
a. Confidentiality. To allow for the free exchange of information amongst a small, select group of visitors, you agree to treat all communications that take place at this site as confidential and to not disclose, copy or transmit to people who are not otherwise subject to this Agreement any messages or information posted at this site. You agree and understand that the purpose of this confidentiality provision is to foster an open environment where visitors may freely exchange ideas without fear that specific comments will be quoted or attributed to them outside of this website—not to create a binding obligation on the part of the owners or operators of this website to protect the confidentiality of information posted here or to act as insurers or guarantors of, or to accept liability for, the conduct of other visitors. You therefore agree and acknowledge that you will not post any information online which constitutes a trade secret or which is otherwise so confidential that its disclosure could cause you or others any economic or other harm. As set forth below in sections 10 and 11, we cannot warrant, guaranty or insure that information posted at this site, in fact, is treated in the manner required by this Agreement and we assume no liability if it is not.
b. Public Information. Our policy of encouraging confidentiality shall not apply to the extent that you can establish that information is in the public domain (and did not fall into the public domain as a result of your breach of this policy or any other confidentiality agreement); or was in your possession before you gained access to it at this site (and you can prove this fact by admissible, written evidence); or was received from a third party (who was in lawful possession of it) without any confidentiality restrictions. Nothing in this Agreement shall prevent you from disclosing information obtained at this site if compelled to do so by a court of law or government agency, on condition that you provide advance notice to the person who disclosed the information and allow that person a reasonable opportunity to intervene in the proceeding to protect the confidentiality of the information.
6. Copyrights. By posting material at this website you agree, represent and warrant that you own the rights to such material or that you have obtained the signed, written permission of the owners of all rights in such material. You shall retain ownership of the copyrights in any original material that you post at this site (to the extent such material may be entitled to copyright protection). By manifesting your assent to this Agreement, you hereby grant other visitors to this website a perpetual, nonexclusive, royalty-free license to reproduce, adapt, distribute, display and perform all or any portion of any such material, provided such licensed copying occurs only at this website (or in the temporary memory of the computer which you use to access this site). You agree to respect the copyrights of other visitors to this website on the same terms and conditions. Specifically, except with respect to material which you post at this site and own or are licensed to use (or load in the temporary memory of the computer you use to access this site), you agree not to reproduce, distribute, perform (either publicly or by digital audio transmission), publicly display or prepare derivative works based on any works posted at this site without first obtaining the express permission of the copyright owner to do so.
7. Good Samaritan Content Policy & Complaint Procedures.
a. Policy. It is the policy of the owners and operators of this website to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at this site. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section 7 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of this website to undertake, or refrain from undertaking, any particular course of conduct.
b. Complaint Procedures. If you believe that someone has posted material at this website which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email at the following address: Moderator@dogbuddymatch.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.
In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
Indemnification/Waiver of Certain Rights.
c. Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.
Waiver of Claims and Remedies.
d. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and, as set forth below in sections 10 and 11, cannot assume liability for any acts of users or third parties which take place at this website. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at this website or our response, or failure to respond, to a complaint.
Investigation/Right to Purge Postings.
e. Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this website, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
DISCLAIMER OF WARRANTIES.
10. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DOG BUDDY SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE DOG BUDDY SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE DOG BUDDY SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE DOG BUDDY SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DOG BUDDY SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE DOG BUDDY SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE DOG BUDDY SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DOG BUDDY SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE DOG BUDDY SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE DOG BUDDY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
LIMITATION OF LIABILITY.
11. LIMITATION OF LIABILITY IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
IN NO EVENT SHALL DOG BUDDY OR ITS RESPECTIVE AFFILIATES, OR THE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF CONSORTIUM, DAMAGE TO PROPERTY, EMOTIONAL DISTRESS, LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE DOG BUDDY SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, INFORMATION ABOUT DOG OWNERS, INFORMATION ABOUT DOGS, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DOG BUDDY SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, DOG BUDDY’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE DOG BUDDY SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE DOG BUDDY SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Some of the limitations of liability may not be enforceable in some states. This Agreement shall be severable, so that if any limitations of liability are voided, the remainder of this Agreement shall remain binding.
Complete Agreement/No Representations.
12. Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of this website and supersedes any prior or contemporaneous representations or agreements. This Agreement—and only this Agreement—shall govern our legal rights and obligations. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implication, except as set forth below in section 13.
As set forth in section 10, it is not our intention to make any legal representations or warranties about this website, either expressly or by implication. The terms of this Agreement are intended to supersede anything else that appears at this website, now or in the future. So that there is no misunderstanding, by entering into this Agreement you agree that, except as provided in section 13, nothing posted at this website or otherwise communicated to you shall in any way modify or vary the terms of this Agreement.
a. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (1) by obtaining our written consent in a notarized agreement signed by Dog Buddy; or (2) as set forth below in subpart (b).
Periodic Revisions and Amendments.
b. Periodic Revisions and Amendments. You agree that we may modify the terms of this Agreement in our sole discretion. If we do so, we will notify you by email at the address you have provided to us and by posting a notice on our homepage for thirty (30) consecutive days in advance of the effective date of any modification to this Agreement. You agree that it shall be your responsibility to log on to this website at least once every thirty (30) days, review any email you may receive from us and notify us at Moderator@dogbuddymatch.com promptly in the event you change email accounts or if you would prefer to receive notices from us at a different account from the one you are presently using. Otherwise it will be your responsibility and obligation to check the legal section of this website whenever you access this site, to determine if there have been any changes to this Agreement. You may notify us at Moderator@dogbuddymatch.com at any time before, or within thirty (30) days after, any modification takes effect, to advise us that you do not accept the proposed modification. If we do not receive such a communication from you in the time prescribed, the modification will be deemed to have been accepted by you. You agree and understand that we reserve the right to unilaterally terminate your access privileges or otherwise deny you access to this site in the event that you decline to be bound by any proposed modifications to this Agreement.
c. Term. Unless we terminate your access privileges or you decide to terminate this Agreement, it shall remain in force so long as you are authorized to access this website. You agree that in the event you decide to terminate this Agreement or if your access privileges are suspended or terminated you shall continue to be bound by all obligations set forth in this Agreement including, but not limited to, those contained in sections 4, 5, 6, 7, 8, 9. 10, 11, 12, 14, 15, 16 and 17. Except as otherwise provided in this section 13, you will not be bound by any modifications to this Agreement which may take effect after such time as you or we terminate our contractual relationship.
Representations, Warranties, Indemnification, Assumption of Risk, Jurisdiction and Dispute Resolution.
14. Representations, Warranties, Indemnification, Assumption of Risk, Jurisdiction and Dispute. You agree, at your own expense, to defend us and indemnify us against any liability arising out of or relating in any way to alleged acts or omissions by you which, if true, would constitute a violation of one or more terms or provisions of this Agreement.
You agree to indemnify and hold Dog Buddy and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives (collectively the “Released Parties”), harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Dog Buddy Site, (ii) your use of the Dog Buddy Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your user name or password by you or any third party, or (vii) the infringement or other violation of any intellectual property or other right of any person or entity.
You understand, acknowledge and agree that We do not screen users of the Dog Buddy Site or any dogs for health or safety. We do not conduct any background checks, evaluations or inspections of any nature whatsoever.
You understand, acknowledge and agree that engaging in dog buddy matches or meeting other dog owners involves risks such as, but not limited to, the following: THE RISK OF PROPERTY DAMAGE, SERIOUS BODILY INJURY, AND POSSIBLE DEATH. You are aware that there are significant risks involved in all aspects of interactions with dogs. These risks include, but are not limited to: bites which can result in serious injury or death; diseases such as rabies; injury or death due to negligence on the part of you or other dog owners, or other people around you; strains and sprains. You are aware that any of the above mentioned risks may result in injury or death to you or those around you, especially children. Dogs can kill or seriously injure cats and other pets, and can also cause substantial property damage.
With full knowledge of the risks of dog buddy matches, which constitute an inherently dangerous activity, you expressly assume those risks and release Dog Buddy and the Released Parties from and against all liability for dog buddy matches. In consideration of the above mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily participating in dog buddy matches and related activities, you hereby RELEASE and forever discharge Dog Buddy and the Released Parties and agree NOT TO SUE them on account of or in conjunction with any liability, claims, causes of action, injuries, damage, costs or expenses , which are related to, arise out of, or are in any way connected with your participation in dog buddy matches and related activities, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This Agreement shall be binding upon your successors, representatives, heirs, executors, assigns, transferees and yourself. If any portion of this Agreement is held invalid, you agree that the remainder of this Agreement shall remain in full legal force and effect. You waive the protection afforded California Civil Code Section 1542 which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The undersigned waives Section 1542 and any statute or law in any jurisdiction including whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
YOU EXPRESSLY ASSUME ALL RISKS THAT ARISE OUT OF THE USE OF DOG BUDDY MATCHES, THE ACT OR ACTS OF OTHERS RELATED TO DOG BUDDY MATCHES OR THE USE OF THE DOG BUDDY SITE, OR THE UNAVAILABILITY OF EMERGENCY CARE, including, but not limited to, those RISK FACTORS discussed above. By using the Dog Buddy Site, you willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death, including your own, that may result from participation in any dog buddy matches. You are voluntarily participating in dog buddy matches with knowledge of the dangers involved and agree to accept any and all risks of damage, injury, or death.
By using the Dog Buddy Site, you explicitly represent and warrant to Us that:
You will respect the privacy and safety of other users to the site,
All of the dogs that you volunteer for dog buddy matches are:
Healthy and free of disease;
Free of fleas, ticks and other parasites;
Not “inherently dangerous breeds”; and
Gentle and well-trained, with no history of biting or attacking humans or other animals or property.
You agree to indemnify and hold Dog Buddy and the Released Parties harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any user of the Dog Buddy Site or any third party due to, arising out of or related to (1) breach of any representation or warranty and/or (2) claims that a dog or its owner injured or killed another person or their animal, or caused property damage.
All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of this website shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in Contra Costa County, California. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of California as applied to transactions entered into and to be performed wholly within California between California residents. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement.
By clicking the “I AGREE” icon below, you are expressly agreeing to the representations, warranties, assumptions of risk, indemnities, waivers, releases jurisdiction and dispute resolution procedures set forth in this Section 14. By clicking the “I AGREE” icon below, you understand and agree that you are knowingly giving up valuable legal rights which you might otherwise possess.
15. Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
16. You may not engage in any dog buddy matches, post any content to the Dog Buddy site, or otherwise use the Dog Buddy site unless you are at least 18 years old. By clicking the “I AGREE” icon below, you are representing, warranting and agreeing that you are at least 18 years old.
Compliance with Law.
17. You bear sole responsibility for verifying that any dog buddy matches or related activities are legal and proper under your state and county law, as well as federal law. By clicking the “I AGREE” icon below, you are expressly representing, warranting and agreeing that your engaging in dog buddy matches and related activities is lawful and proper under the laws applying to people residing in your area.
You have read and understood the foregoing Agreement, including the provisions regarding the assumption of risk and release of liability, and understand that by clicking your assent it obligates you to indemnify the parties named for any liability for injury or death of any person and damage to property caused by your use of the Dog Buddy Site. You understand that by agreeing this agreement you are waiving valuable legal rights.
TO GAIN ACCESS TO THIS SITE, CLICK HERE TO MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.