Welcome to the website of 421 Group, Inc. (“421 Group”), http://421.group (“Site”).

 

The following terms and conditions (“Terms of Use” or “Terms”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

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Please read these Terms of Use carefully before using the Site.

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Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

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SITE USAGE

 

The Site is intended for use by individuals who are 21 years of age or older. This website is not directed for use by children or by anyone under the age of 21.

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INTELLECTUAL PROPERTY

 

The Site and its entire contents, features, and functionality – including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof – are owned by 421 Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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These Terms of Use permit you to use the Site for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

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• Your computer may temporarily store copies of such materials in RAM, incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display-enhancement purposes.

• You may print or download one (1) copy of a reasonable number of pages of the Site for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.

• If we provide desktop-based, mobile-based, or other applications for download, you may download one (1) single copy to your computer or mobile device, solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement (EULA) for such applications.

• If we provide social-media features with certain content, you may take such actions as are enabled by such features.

 

You must not engage in any of the following activities:

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• Modify copies of any materials from the Site.

• Use any illustrations, photographs, video sequences, audio sequences, or graphics separately from any accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

• Upload or transmit any communications or content of any type that may infringe upon or violate the rights of any party.

• Use the Site for any purpose in violation of local, state, national or international laws.

• Use the Site as a means for distributing advertising or other unsolicited material to any third party.

• Use the Site to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.

• Attempt to disable, “hack,” or otherwise interfere with the proper functioning of the Site.

 

TRADEMARKS

 

The 421 Group mark and all related names, logos, brands, marks, products, service names, designs, and slogans are trademarks of 421 Group or its affiliates or licensors. You must not use any 421 Group marks or other third-party marks without the prior written authorization of 421 Group or the appropriate third party.

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TERMINATION OF USE

 

421 Group may, in its sole discretion, terminate your use of the Site at any time. 421 Group reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without prior notice.

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LINKS FROM THE SITE

 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner ads and sponsored links.

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421 Group has no control over the contents of third-party sites or resources. 421 Group accepts no responsibility for third-party sites or resources, or for any loss or damage that may result from your use of third-party sites or resources.

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If you decide to access any third-party sites or resources linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for said sites and resources.

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INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless 421 Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

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DISCLAIMER OF WARRANTIES

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You understand that 421 Group cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection, for accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

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421 GROUP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE (DDoS) ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO THE SITE.

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YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 421 GROUP, NOR ANY PERSON ASSOCIATED WITH 421 GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER 421 GROUP NOR ANYONE ASSOCIATED WITH 421 GROUP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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421 GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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LIMITATION OF LIABILITY

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IN NO EVENT WILL 421 GROUP, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

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THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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GOVERNING LAW AND JURISDICTION

 

All matters relating to the Site and the Terms of Use and any dispute or claim arising therefrom or related thereto – in each case, including non-contractual disputes or claims – shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of the County of Sonoma, State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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ENTIRE AGREEMENT

 

These Terms of Use constitute the sole and entire agreement between you and 421 Group with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

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COMMENTS

 

For any and all feedback, comments, requests for technical support, and other communications related to this Site, please contact info@421.group.