Wow! You actually came to this page. Our lawyers made us include it and made us use a precious button on our
home page to get you here. At first, we thought the lawyers were a real pain. But then we read the page. What a
Netwakening! It's really important stuff. We took the legalese the lawyers wrote and translated it into readable
English. So be a smart nethead and read the stuff on this page. It could prevent you from hearing from our lawyers,
or worse yet, from really nasty people, like prosecutors.
Here's the deal:
We run this site so that people like you (and people you like) can use it for personal entertainment,
information, education, communication, and cybergratification. So go ahead and browse around all you like. You can
even download stuff from the site but only for non-commercial, personal use. If you do, though, don't fool around
with the copyright and other notices all over the stuff. They're there for a really good reason. And don't even
think about distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the
stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written
permission. And it's not likely we will.
If you visit our site, you're also legally obligated to [read: stuck with] the terms and conditions listed below
and any other law or regulation that applies to the site, the Internet, the World Wide Web, or Los Angeles, CA. You
shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning
back -- you are bound by [read: stuck with] the terms and conditions.
So here's the scoop on our Top Ten Rules for Cybersurfers who hang out on our site:
1. For everyone's sake, just assume that everything on the site is copyrighted unless we say it's not. So you
can't use the stuff except how we say you can on this page or anywhere else on the site without our written
permission. And like we said before, it's not likely we'll give you permission anyway. In fact, even if we wanted
to, the lawyers are likely to veto any deal anyway. So it's better you don't even ask.
2. While we try to include accurate stuff on the site, we're not promising you it's accurate. In fact, we're not
promising you anything except fun and entertainment. So if you use stuff on the site, you're using it at your own
risk. Don't call us if there's a problem because we assume no liability or responsibility for errors or omissions
on the site.
3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you
suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes "direct,
incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site.
Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion
of implied warranties. " Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we
couldn't figure out any other way to say it that the lawyers would accept. But here's the bottom line -- we're not
responsible if you're browsing around and the site damages you or your computer or infects it with any nasty
viruses. We sure hope that doesn't happen, but if it does, don't call us.
4. If you don't want the world to know something, don't post in on the site in any bulletin board or anyplace
else. That's because anything you disclose to us is ours. That's right -- ours. So we can do anything we want with
the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace
else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any
ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and
marketing products or other stuff using the information you post.
5. Pictures of people or places shown on the site are either our property or someone else's property we're using
with their permission. No matter what, it's definitely not your property. You or any of your net-friends can't use
it unless we said you could on this page or somewhere else on the site. And guess what -- we won't say yes. So be
careful, Bunky, because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download
6. There's also a lot of trademarks, logos, and service marks on the site that either we own or we're using with
someone else's permission. So don't think you have any kind of license or right to use them, because you don't and
we're not about to give you one. If you don't leave them alone and mess with our trademarks, logos and service
marks on our site, we'll probably go ballistic, so will the companies that own the other trademarks, logos and
service marks. That means that we're likely to sue you or to ask a prosecutor to come after you for messing around
with our property or the property of others.
7. You'll probably notice we've linked our site to lots of others. While that's cool, it doesn't mean we've
looked at all those sites, much less checked them out periodically to see what's going on. So don't blame us if
some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember,
you're doing it at your risk.
8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the
posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for
the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity,
pornography, or profanity you might encounter when you visit such places on our site. And don't be stupid by
posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal
offense, get someone in court on a civil lawsuit, or for that matter violate any law -- anywhere, anytime. While we
certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or
court which might ask us who might have posted nasty stuff on our site.
9. Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you
can't download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States
Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders,
or the FBI's Most Wanted Internet Creeps List (just kidding on the last one). As if that were not tough enough, if
you live in or are a national of any of those lovely places, you're not even supposed to be reading this page, so
10. We're also allowed to change this page and anything else on the site any time we want to. That's because
it's ours and we have the programmers who can do it. If we do change the page, then you're bound by [read: stuck
with] those changes, too, whenever you visit our site.
11. If either of us wants to make something of it and wants to â€œsueâ€ (a dirty word) then we have to follow
these rules of engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the laws of the State of California, without regard to principles of conflict of
To the extent you have in any manner violated or threatened to violate Diabetic Supply Store and/or its
affiliates' intellectual property rights, YourBackyardGarden.comand/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of California, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Los Angeles, California. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the
dispute to binding arbitration at the following location: Los Angeles, California, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first
place. We had to remind them that human torture and sacrifice was outlawed in the United States. Boy, did they look
March 1, 2007
Diabetic Supply Store