Disclaimer question

[Smoote]

What is the name of your state?What is the name of your state? Florida

A web site which I belong to that is owned by a corporation in California holds a monthly contest for models. The contest is judged by members who join the site and vote for the entrants of their choice. In order to either enter the contest or hjoin as member the following terms and conditions must be agreed to:

WEB SITE USER AGREEMENT AND DISCLAIMER
THIS HOME PAGE AND ALL SUBSIDIARY PAGES ( “THIS SITE”) ARE THE PROPERTY OF XXXXX CORP.(THE “COMPANY”). BY ACCESSING THIS SITE , YOU ACCEPT, WITHOUT QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
1. Copyright and Trademark: The material on this Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks are the copyrighted or trademarked property of the Company or such other Owner as stated thereon. The material may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works from, broadcast or circulate any such material in any manner whatsoever without the written permission of the Company or Owner.

2. Complete Waiver and Disclaimer of Liability: YOU ACCESS AND USE THIS SITE AT YOUR OWN RISK. The Company, its employees, agents, directors, owners, affiliates, representatives, corporate successors or licensors, ARE NOT LIABLE FOR ANY LOSS OR INJURY or any direct, indirect, incidental, consequential, special, general, aggravated, punitive or similar or other damages arising out of statements appearing on or your use of this Site or any action or statement in response to material posted on this Site. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST the Company, its employees, agents, directors, owners, affiliates, representatives, corporate successors and licensors, however arising, from your use of this Site or any statement or information appearing on this Site. In particular but without limiting the generality of the foregoing, The Company does not control, verify or endorse any statements, facts or opinions posted on this Site by users or the contents of any site linked to this Site. Any opinions, advice, statements, services, offers or other information or content posted on this Site are those of their respective authors who are solely liable for their content.

5. This site may contain links to Web sites operated by parties other than the Company. Such links are provided for your convenience only. The Company does not control such Web sites and is not responsible for their contents. The Company’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
6. The information, software, products, and services included on this Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its respective suppliers may make improvements and/or changes in this Site at any time. Advice received via this Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
7. The Company reserves the right to change the terms, conditions, and notices under which this Site is offered. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
8. Promotions and Prizes
All promotions and prizes are limited to one per household - Prizes will not be forwarded to post office boxes or general mail delivery. All entrants must be registered subscribers to XXXX.com's newsletter. Subscribers who cancel this subscription to XXXX.com, can and will be removed from the current promotion or prize, and will forfeit any undelivered segment of any prize or promotion they have not received. Subscribers who provide an invalid email address - or an email address that rejects our newsletter - can and will also be removed from receiving prizes.
9. This User Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with the laws of, and by the courts of, British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of such in all disputes arising out of or relating to the use of this Site.

Does such a disclaimer truly immune the site in question from civil litigation here in the U.S. arising from issues surrounding the contest?

The specific instance that concerns me involves last month's contest in which the leader was dropped from the contest by the web site's management (without cause I might add) two days prior to the end of last month.

Thanks - Smoote

P.S. I have edited out the Corporation's name as well as that of the web site in question from the terms and conditions above.

 

[racer72]

Does such a disclaimer truly immune the site in question from civil litigation here in the U.S. arising from issues surrounding the contest?

Sure does. Read the last paragraph of the agreement. US courts have no jurisdiction over a Canadien enterprise.

 

[JETX]

Besides that... do you really expect 'integrity' from a "Mens Lifestyle Portal"??
Google a few sentences from the terms... it links to http://www.savvy.com/terms.aspx

 

[Smoote]

Thanks guys I appreciate the information. No I don't expect anything in particular out of that place believe me.

 

[Smoote]

A follow up question...

This company is actually based out of California despite what it says about British Columbia. I understand that as far as my suing them is concerned I would have to do so in Canada. What about if they decided to sue me? Would they have to sue me in Canada as well?

 

[HomeGuru]

A follow up question...

This company is actually based out of California despite what it says about British Columbia. I understand that as far as my suing them is concerned I would have to do so in Canada. What about if they decided to sue me? Would they have to sue me in Canada as well?

**A: no, they could sue you in the US or any other place.