Classic Pacific

Classic Pacific Terms and Conditions

The agreement formed by these Terms and Conditions of Use (this "Agreement") is made as of the date upon which you accept it (the "Effective Date") by acknowledging such acceptance through CLASSICPACIFIC.COM (the "Web Site"), and is by and between you and Classic Pacific, with respect to the provision to you of internet services offered by Classic Pacific, which are intended to permit you to conduct specified activities during the use of the Web Site.

1. Acceptance of this Agreement.

1.1 Acceptance. By entering the Web Site, you acknowledge your acceptance of this Agreement, you are consenting to be bound by this Agreement, and you are becoming a party to this Agreement with Classic Pacific. In the event that you do not acknowledge your agreement to all of the terms of this Agreement, you will not be allowed to use the Web Site. If you do not wish to comply with the terms of this Agreement, do not use the Web Site.

2. Your Obligations.

2.1 Compliance with Law, Rules and Regulations. You will comply at all times with all applicable laws and regulations. You acknowledge that it is your sole responsibility to ensure that the manner in which you transmit and receive information complies with all applicable laws and regulations. You will not engage in any activities that: (i) constitute or encourage a violation of any applicable law or regulation; (ii) defame, impersonate or invade the privacy of any third party; (iii) infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; (iv) are in any way connected with the transmission of "junk mail," "spam" and/or the other mass distribution of unsolicited e-mail; or (v) interfere with the functioning of the Web Site.

2.2 Content

2.2.1. You may not download, save, distribute or otherwise publisize the content on this website, except as provided by the browser during typical use of the site.

2.2.2. You will not distribute or otherwise publish any material contained on this site, including text, images, animations, and code of any format.

3. Warranty Disclaimer.

3.1 As Is Warranty. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS, AND CLASSIC PACIFIC MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING EITHER THE WEB SITE OR THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.

4. Liability Limitations

4.1 Linked Sites. Classic Pacific may include some links to related internet sites maintained by third parties. Neither Classic Pacific nor its affiliates operate or control, in any respect, any information, products or services on such linked sites. You acknowledge and agree that: (i) you access such linked sites at your own risk and that, by so accessing such sites, you leave the Web Site; and (ii) Classic Pacific, whether or not it has a relationship with linked sites, will not be responsible for the content on or operation of such linked sites, and disclaims all liability for any injury you experience while you are in a linked site.

4.2 Force Majeure. Neither party will be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond its reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

4.3 No Consequential Damages. CLASSIC PACIFIC WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, REGARDLESS OF WHETHER FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, DATA, USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

4.4 Liability Limit. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CLASSIC PACIFIC IN RESPECT OF THE WEB SITE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEED ZERO DOLLARS ($0.00).

5. Proprietary Information.

5.1 Ownership of Classic Pacific Technology. You acknowledge and agree that the Classic Pacific Technology, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the Classic Pacific Technology, is proprietary to Classic Pacific and its licensors, and you will not gain any ownership or other right, title or interest in or to any Classic Pacific Technology, by reason of this Agreement or otherwise. Such ownership will inure to the benefit of Classic Pacific from the date of the conception, creation or fixation of the Classic Pacific Technology at issue in a tangible medium of expression, as applicable.

5.3 Ownership of Copyright to Works Displayed on Web Site. You should assume that everything you see on the web site is subject to copyright protection, unless noted otherwise. You acknowledge and agree that all right, title and interest, including the copyright, in and to such works are the property of the respective owners thereof, and you will not gain any ownership or other right, title or interest in or to such works, by reason of this Agreement or otherwise. You may not copy, download or make any other unauthorized uses of such works.

6. Termination.

6.1 Termination by User. You are entitled to terminate this Agreement at any time with or without cause. You may terminate this Agreement at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise.

6.2 Termination by Classic Pacific. Classic Pacific will have the right to terminate this Agreement, at any time, with or without cause. Some circumstances likely to give rise to such termination will be if Classic Pacific believes, in its sole discretion, that you: (i) sell, use, or display materials that are illegal, obscene, vulgar, offensive, dangerous, or otherwise inappropriate; (ii) post or submit content to the Web Site that infringes the copyright or intellectual property rights of others; (iii) have become the subject of a government complaint or investigation; (iv) violate any of the terms and conditions of this Agreement.

6.3 Effect of Termination.

6.3.1. Upon the termination or expiration of this Agreement for any reason whatsoever, each party will be released from all obligations and liabilities to the other occurring or arising after the date upon which such termination becomes effective, except that any termination of this Agreement will not relieve either Classic Pacific or you from any liability arising prior to such termination.