Welcome to Dead End Street!® We ("Dead End Street") have established these Terms of Use ("Terms") to ensure Dead End Street visitors (each a "Visitor") a common level of trust, integrity and security. These Terms detail what our Visitors can expect from Dead End Street and what Dead End Street expects from each Visitor. Please read these Terms carefully. By accessing deadendstreet.com (or any of its internal pages) (the "Site") in any way, each Visitor agrees to be bound by the current Terms. In addition to these Terms, Visitors may be subject to additional rules or guidelines as posted on the Site. All such guidelines and rules are incorporated herein by reference.

Dead End Street and Visitor are the only parties to these Terms and are sometimes referred to herein singularly as a "Party" or collectively as the "Parties."

I. DEFINITIONS. When used in these Terms, the terms set forth below and those defined elsewhere in these Terms when initially capitalized shall have the meanings ascribed to them:

"E-mail Notification" means an electronic notification generated by or through the Site.

"Visitor" means any person accessing or using the Site.

"Services" means all services provided by, through or on the Site.

"Terms and Conditions" means the terms and conditions as set forth herein and throughout the Site. In the event of a dispute between the terms and conditions set forth herein and those set forth on the Site, the terms and conditions set forth herein control.

"Profile" means any information the Visitor provides through Visitor’s use of the Site.

II. REGISTRATION. Each Visitor understands and agrees that the Services are provided "AS-IS" and that Dead End Street assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Visitor communications or personalized settings.

By accessing or in any way using or viewing the Site, Visitor represents and warrants that Visitor will not post (or in any way make available on or through the Site) any statement or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable in any way (including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law). Please understand that Dead End Street reserves the right to prohibit conduct, communication or content that deems in its sole discretion to be harmful to Dead End Street, Visitors, the Site or any third party, or to violate any applicable law. Notwithstanding the foregoing, Dead End Street cannot and does not ensure the prompt removal of questionable material from the Site. Accordingly, neither Dead End Street, its officers, members, employees, or agents shall assume liability for any action or inaction with respect to such material, communication or content on this Site. However, Dead End Street does reserve the right to suspend or terminate any Visitor’s right to access the Site and refuse any and all current and future Services.

III. PRIVACY STATEMENT. The Site’s current Privacy Statement can be found here http://deadendstreet.com/privacy.asp and is incorporated herein by reference. Please understand that Dead End Street reserves the right to take any action it deems necessary, including legal action, with respect to any Visitor if Dead End Street believes a Visitor’s actions are unlawful or may create liability for Dead End Street, any Dead End Street advertisers or partners, or another Visitor.

IV. NOTICE. Any notice required by these Terms or given in connection with these Terms, shall be effective immediately if sent by e-mail, one (1) business day after it is sent to the appropriate party by personal delivery or by recognized overnight delivery services, or seven (7) business days after sent via first class mail postage prepaid, at the Parties’ respective addresses set forth in any correspondence or registration with Dead End Street, or at such other address as Visitor may provide by written notice to the Dead End Street from time to time ("Notice").

V. PROPRIETARY RIGHTS. Visitor acknowledges that the Site contains information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, audio and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Each piece of the Content is copyrighted singularly and as a collective work under the U.S. copyright laws, and Dead End Street owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. All Content appearing on or in the Site over which other parties own and maintain copyright is the property of its respective owner.

Visitor may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, other than as expressly permitted by Dead End Street. If no specific restrictions are displayed, Visitors may make copies of select portions of the Content, provided that the copies are made only for Visitor’s personal use and that Visitor maintains any notices contained in the Content, such as all copyright notices, trademark and servicemark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, Visitor’s may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

VI. NO RESALE. Visitor agrees not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose not expressly permitted by Dead End Street, any portion of this Site or any material offered through the Site.

Visitor agrees that Dead End Street, in its sole discretion, may remove and discard any Content posted by or otherwise provided by Visitor, for any reason, including, without limitation, for lack of use, or if Dead End Street believes that Visitor has violated or acted inconsistently with the letter or spirit of these Terms. Dead End Street may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without Notice. Visitor agrees that any termination of Visitor’s access to the Site under any provision of these Terms may be effected without prior Notice, and acknowledges and agrees that Dead End Street may immediately delete all information and files related to Visitor and/or bar any further access to such files or the Site generally. Further, Visitor agrees that Dead End Street shall not be liable to Visitor or any third-party for any termination of Visitor’s access to the files or the Site generally.

VII. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT. Except as set forth in these Terms, Visitor may upload to or otherwise distribute on Dead End Street only content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or content in which the author has given express authorization for distribution on the world wide web. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the Visitor to criminal prosecution as well as personal liability for damages in a civil suit. Visitor will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Dead End Street, nor its affiliates, nor any of their officers, directors, employees, agents, third party providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such Visitor submission. In compliance with the Digital Millennium Copyright Act, Visitors and other persons can report an infringement to Dead End Street. By submitting content to any Visitor areas, Visitor automatically grants, or warrants that the owner of such content has expressly granted Dead End Street the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Visitor also permits any other Visitor to access, store, or reproduce the content for that Visitor’s personal use. Subject to this grant, the owner of content placed on Dead End Street retains any and all rights that may exist in such content.

VIII. THIRD PARTY CONTENT. Dead End Street is a distributor and not a publisher of content posted to the Site by third parties and Visitors. Dead End Street has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including Visitors or any other user of Dead End Street, are those of the respective authors or distributors and not of Dead End Street or its affiliates or any of their officers, directors, employees, or agents. Neither Dead End Street nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any such third party provider, or any other Visitor, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Dead End Street neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized Dead End Street employees. Under no circumstances shall Dead End Street, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a Visitor’s reliance on information obtained through the Site. It is the responsibility of Visitor to evaluate the information, opinion, advice, or other content available through the Site or Dead End Street generally.

IX. EXPORT. The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information to foreign countries and to certain foreign nationals. Visitor agrees to abide by these laws and their regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic means or otherwise, any material derived from Dead End Street or this Site to either a foreign national or a foreign destination in violation of such laws.

X. LINKS TO THIRD PARTY SITES. The Site may contain hyperlinks to other web sites operated by independent third parties. Such hyperlinks are provided for reference only. Dead End Street does not control such web sites and is not responsible for their content. The inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such sites by Dead End Street. Visitor’s access and use of such sites, including information, material, products and services at or from those sites is at Visitor’s own risk. Furthermore, because the Privacy Statement of this Site is applicable only when Visitor is on this Site, once linked to another web site, Visitor should read that site’s privacy policy before disclosing any personal information.

XI. CHANGES TO THE SITE OR THESE TERMS. The Services may include inaccuracies or errors. Dead End Street and its partners may make improvements or changes in and/or to the Services and/or the Site at any time for any reason. Such modifications shall be effective as soon as such modifications appear on the Site. Likewise, Dead End Street may terminate the Services and/or the Site at any time for any reason. Accordingly, Visitor agrees to review these Terms periodically, and Visitor’s continued access or use of the Site and/or the Services shall be deemed to be Visitor’s acceptance of the modified Terms.

Price and availability information is subject to change without notice.

XII. NO WARRANTIES. ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, DATA, PROPERTIES AND SERVICES, ARE PROVIDED "AS IS," "WITH ANY AND ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND. DEAD END STREET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF TITLE, VALUE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PURPOSE, OF THE DATA AND SERVICES DEAD END STREET PROVIDES THROUGH THIS SITE. Specifically, without in any way limiting any other provision of these Terms, Dead End Street does not control, warrant, or guarantee the quality, title, safety, legality, or fitness for any purpose, of the properties, services, or other items listed, provided, advertised or otherwise sold or made available on or through this Site. Dead End Street does not control, warrant or guarantee that any Visitor will receive any e-mail notifications or that any e-mail notifications will arrive in a timely manner. Dead End Street does not control, warrant, or guarantee that any other Visitor is who or she claims to be or that such Visitor is not acting under false pretenses. Further, Dead End Street is not responsible for the content of communications among Visitors, whether accomplished through the use of this Site or otherwise. Dead End Street is not responsible for any information not received, processed, or accepted due to technical difficulties, regardless of the reason or cause.

XIII. LIABILITY DISCLAIMER. Visitor uses this Site at Visitor’s own risk. Dead End Street, including its members, employees and agents, assume no responsibility for any consequence related directly or indirectly to any action or inaction taken by Visitor based on the data, information, properties, Services, or other material on the Site. While Dead End Street strives to keep the information on the Site accurate, complete, and up-to-date, Dead End Street cannot guarantee, and will not be responsible for any drama or loss related to the accuracy, completeness or timeliness of the information. IN NO EVENT SHALL DEAD END STREET, OR ITS MEMBERS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO OR WITH, THE USE OF THIS SITE, OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY DATA, INFORMATION, PRODUCTS, PROPERTY OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DEAD END STREET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

XIV. INDEMNIFICATION AND DISPUTES. Visitor agrees to indemnify, defend and hold harmless Dead End Street, and its officers, directors, employees, agents, business partners, and suppliers from any and all liability, claims, demands, suits, damages, costs or expense, including without limitation, reasonable attorneys’ fees, loss or damage to property of any person or personal injury or death of any person, arising out of or incident to any purchase, sale, ownership, transfer, possession, control use of, or maintenance of any property, data, information, product or services available on or in connection with the Site, whether before, during or after your use of the Site.

In the event that you have a dispute with one or more Visitors, you agree to release Dead End Street, its members, employees and agents from any and all claims, demands, liabilities and damages (direct and consequential) or every kind, nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

XV. MISCELLANEOUS. Nonperformance of either Party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming Party. Headings used in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect these Terms. These Terms shall be construed within its fair meaning and no inference shall be drawn against the drafting party in interpreting these Terms.

These Terms shall be deemed entered into in Hoquiam, Washington, and shall be exclusively governed by and construed under the laws of the State of California, without reference to principles of conflict of laws, and any action, including, but not limited to litigation, brought by the Parties to enforce or interpret any provision of these Terms shall be exclusively brought in the Superior Court for Grays Harbor County, California, or the federal court for the Western District of California in Washington. Visitor hereby consents to jurisdiction in such venue and expressly waives any objection to same.

These Terms sets forth the entire terms and understanding of the Parties relating to the subject matter herein and merges and supersedes all prior terms, writings, commitments, discussions and understandings between the Parties.

The prevailing Party in any legal action brought by one Party against the other, is entitled to, in addition to any other rights and remedies it may have, reimbursement for its expenses, including court costs and reasonable attorney and expert witness fees and expenses.

If any term of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. No delay, omission, or failure to exercise any right or remedy provided for in these Terms shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such remedy, but every such right or remedy may be exercised, from time to time, as may be deemed expedient by the Party exercising such right or remedy.

It is expressly understood and agreed that the relationship between the Parties is as follows: each Party is acting as an independent contractor and is not an agent, partner, or joint venture with the other Party for any purpose. The Parties have no authority to assume or create any obligation for or on behalf of the other Party, express or implied, with respect to these Terms or otherwise.

These Terms and/or the respective rights and obligations arising out of these Terms shall not be assigned or transferred by Visitor, or to or by any third party under any circumstances, including, but not limited to, by court order, operation of law, merger, statute, regulation, ordinance, or otherwise, without Dead End Street’s prior express written consent. Any attempt to assign these Terms shall be null and void.