TERMS OF USE

Last Updated:  June 20, 2007

These Terms of Use and any documents or web pages referenced herein (collectively the “Agreement”) contain the complete agreement between you (“you” or “user”) and BaldingTony.com. ("BaldingTony.com" or “we”) concerning your use of the BaldingTony.com family of websites (“Websites”), including without limitation, all content, information, services, products and tools contained therein, (collectively the “Service”).

1.                   ACKNOWLEDGEMENT

By accessing or using the Websites or Service, you agree to abide by this Agreement, as it may be amended by BaldingTony.com from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and BaldingTony.com. In addition, when visiting or using certain BaldingTony.com owned or operated Websites, you shall be subject to any posted agreements, guidelines, rules or terms of service.  All such agreements, guidelines, rules or terms of service, as they may be amended by BaldingTony.com from time to time in its sole discretion, are hereby incorporated by reference into this Agreement. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately leave the Websites and cease all use of the Service and the Websites.

2.                   NOT FOR USE BY MINORS

In consideration of your use of the Websites and Service, you represent that you are of legal age and capacity to form a binding contract. BaldingTony.com does sell products or services for children, and the Website and Service are not intended for use by children. If you are under 18, you may use the Website and Service only with involvement of a parent or guardian. BaldingTony.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

3.                   PRIVACY POLICY

BaldingTony.com is committed to maintaining the privacy and security of information that you provide to BaldingTony.com through the Service. Registration Data and certain other information about you is subject to our Privacy Policy. By using the Service you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to the United States and/or other countries for storage, processing and use by BaldingTony.com and its affiliates. For more information, see our full Privacy Policy.

4.                   USE OF SOFTWARE

BaldingTony.com may make certain software available to you from the Websites or Service. If you download software from the Websites or Service, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by BaldingTony.com, or its licensors, for your personal, noncommercial, home use only.

5.                   USE RESTRICTIONS

BaldingTony.com imposes certain restrictions on your permissible use of the Websites and Service. You agree that you will not:

(i)                   violate or attempt to violate any security features of the Websites or Service;

(ii)                 access or attempt to access any content, data, programs or other BaldingTony.com systems not intended for you, or log onto a server or account that you are not expressly authorized to access;

(iii)                attempt to probe, scan, or test the vulnerability of the Websites or Service or any associated system or network, or to breach security or authentication measures without proper authorization;

(iv)                damage, disable, overburden or impair the Websites or Service or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Websites or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(v)                  attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BaldingTony.com in providing the Websites or Service;

(vi)                attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Websites or Service;

(vii)               frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Websites or Service, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Websites or Service;

(viii)             engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;

(ix)               harm minors in any way;

(x)                 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(xi)               send email messages or use the Websites or Service in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);

(xii)              send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and

(xiii)            upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

You further agree that you will not create links from any website or web page to the Websites or Service, except that you may link to the home page of the Service (“Homepage”); provided that the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. You agree that you will not mark the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between BaldingTony.com, and you or any other person or entity. If BaldingTony.com, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Homepage, you agree to promptly comply. You agree that if you create any link to the Homepage that you will not employ any technology that results in the placement of content from the Websites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Websites from how they normally appear if in a browser.

BaldingTony.com reserves the right to investigate suspected violations of this Agreement. When BaldingTony.com becomes aware of possible violations, BaldingTony.com may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If BaldingTony.com believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Websites or Service and/or deleting any materials from BaldingTony.com’s system. BaldingTony.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability. BaldingTony.com reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. BaldingTony.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

6.                   USER CONTENT

By submitting, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to an area of the Websites or Service that is intended by BaldingTony.com to be publicly accessible, including without limitation any comment posts, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public or site owners, you are: (i) granting BaldingTony.com, and its affiliates, a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive license to use the User Content in connection with the operation of the Internet business of BaldingTony.com, and its affiliates, including without limitation, a right to use, host, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; (ii) representing and warranting that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You will not be compensated for any User Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. You are solely responsible for all User Content that you upload or otherwise transmit via the Websites or Services, and for confirming the sufficiency and reliability of any User Content posted by others that you may use or rely upon. BaldingTony.com does not control User Content uploaded or otherwise transmitted by you or other users via the Websites or Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. BaldingTony.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any User Content contained on the Websites or Service at any time for any reason. Always use caution when posting any personally identifying information about yourself or your children on the Websites or Service.

7.                   USER SUBMISSIONS

Any comments, feedback, suggestions and ideas disclosed, submitted or offered to BaldingTony.com in connection with your use of the Websites or Service (collectively "Submissions") shall be owned exclusively by BaldingTony.com.  You agree that BaldingTony.com shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.

8.                   THIRD PARTY SERVICES AND SITES

The Websites or Service may provide links to other World Wide Web sites or resources.  Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Websites or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. BaldingTony.com makes no endorsement or guarantee about the content, goods or services provided by such Third Party. BaldingTony.com shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Websites or Service; (ii) any insufficiency of or problems with any such Third Party's background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release BaldingTony.com, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, this Agreement governs your use of any and all third party content.

9.                   STORAGE AND ACCESS

BaldingTony.com may, in its sole discretion: (i) limit the duration and frequency of your access to the Service; and (ii) delete accounts that are inactive for an extended period of time. BaldingTony.com shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Service. 

10.               MODIFICATIONS

BaldingTony.com may, in its sole discretion and without prior notice, (i) revise this Agreement; (ii) modify the Websites or Service; and (iii) discontinue any of the Websites or Service, or any of its constituent parts, at any time. BaldingTony.com shall post any revision to this Agreement, and the revised Agreement shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Websites periodically to be aware of any revisions. Your continued use of any of the Websites or Service shall constitute your acceptance of the revised Agreement. If you do not agree to any of such changes, you may terminate the Agreement and immediately cease all access and use of the Websites and Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Agreement.

11.               TERMINATION

You acknowledge and agree that BaldingTony.com may at any time in its sole discretion terminate your access to and use of the Websites and Service, or any part thereof, with or without notice. You agree that upon termination BaldingTony.com may delete all files and information related to your account and may bar your access to your account, the Websites and the Service, and that you will immediately return or destroy any BaldingTony.com Software in your possession or control.

12.               PROPRIETARY RIGHTS

You agree that as between the parties, BaldingTony.com is the exclusive owner of the Websites, Service, Software, and all constituent parts, including without limitation, all software code, any content on the Websites (excluding User Content), HTML scripts, the uniform resource locators (URL’s) for the Websites, the organization and layout of the Websites, all BaldingTony.com trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “BaldingTony.com IP”).  Any goodwill attached to, or generated by, such BaldingTony.com IP is owned exclusively by BaldingTony.com and shall inure solely to the benefit of BaldingTony.com.  Nothing contained herein or on the Websites or Service should be understood as granting you any right or license to any of the BaldingTony.com IP, except as expressly granted herein. All rights not expressly granted herein are reserved by BaldingTony.com. BaldingTony.com retains full and complete title to the BaldingTony.com IP. You shall not: (i) include BaldingTony.com IP in your corporate name and/or domain name; (ii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to BaldingTony.com IP; (iii) have any claim of ownership in the BaldingTony.com IP; (iv) sell, redistribute, transfer, sublicense or reproduce the , nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the BaldingTony.com IP to a human-perceivable form; and (v) use or copy the BaldingTony.com trademarks, except as specifically set forth herein. This Agreement does not limit any rights that BaldingTony.com may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Websites and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Websites or Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

13.               DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITES AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BALDINGTONY.COM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE WEBSITES OR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY SERVICES OR INFORMATION OBTAINED FROM THE WEBSITES OR SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES OR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITES OR SERVICE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT, THE WEBSITES OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. BALDINGTONY.COM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITES OR SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITES OR SERVICE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BALDINGTONY.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14.               LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BALDINGTONY.COM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF BALDINGTONY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITES OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES OR SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES OR SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITES OR SERVICE. YOU ALSO AGREE THAT BALDINGTONY.COM WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITES OR OTHER WEB SITE(S) YOU ACCESS THROUGH THE WEBSITES OR SERVICE; (C) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND BALDINGTONY.COM'S REASONABLE CONTROL. IN NO EVENT SHALL BALDINGTONY.COM HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM BALDINGTONY.COM, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE WEBSITES OR SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE.  YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED BALDINGTONY.COM TO ENTER INTO THE AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, BALDINGTONY.COM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.               INDEMNITY

You agree to defend, indemnify and hold BaldingTony.com, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from content you submit, post, transmit or otherwise make available through the Service, your use of the Websites or Service, your connection to the Websites or Service, your violation of the terms of this Agreement, or your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement.

16.               CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

BaldingTony.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Websites or Service. BaldingTony.com has adopted a policy that provides for the immediate suspension and/or termination of any Websites or Service user who is found to have infringed on the rights of BaldingTony.com or of a third party, or otherwise violated any intellectual property laws or regulations. BaldingTony.com’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want BaldingTony.com to delete, edit, or disable the material in question, you must provide BaldingTony.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BaldingTony.com to locate the material; (d) information reasonably sufficient to permit BaldingTony.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to BaldingTony.com’s designated agent at:

Copyright Agent

c/o Bierman Law Group, A P.C.

1902 Wright Place, 2^nd Floor

Carlsbad, California 92008

U.S.A.

Attn:  I.C.Inc Legal

Telephone: (760) 931-2700

Facsimile: (760) 931-9547

Email: notice@biermanlawgroup.com

17.               GENERAL INFORMATION

The Agreement constitutes the entire agreement between you and BaldingTony.com and governs your use of the Websites and Service, superseding any prior agreements between you and BaldingTony.com (including, but not limited to, any prior versions of the Agreement) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other BaldingTony.com services or products, third-party content or third-party software. In the event any term contained in this Agreement conflicts with any other term contained in any other agreement referenced in this Agreement, the terms of the other agreement shall control.  Except as otherwise provided in this Agreement, this Agreement may only be modified in a writing signed by an authorized officer of BaldingTony.com.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BaldingTony.com as a result of this Agreement or use of the Service. BaldingTony.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BaldingTony.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or Service or information provided to or gathered by BaldingTony.com with respect to such use.

Notices hereunder shall be in writing and shall be deemed to have been fully given and received when properly addressed to: (a) I.C. Inc at 505 E. Windmill Lane #1B-312, Las Vegas, Nevada 89123; (b) user at the mailing address set forth in the Registration Data; or (c) such other address as a party may give notice in the same manner set forth herein; and are delivered by: (i) nationally recognized overnight courier; (ii) registered or certified mail, return receipt requested, postage prepaid; or (iii) email, if to user.

You may not assign this Agreement.  BaldingTony.com may assign or transfer the Agreement or its rights or obligations hereunder without notice or your prior approval. This Agreement is for the sole benefit of the parties hereto and does not create any third-party beneficiaries, whether intended or incidental. The Agreement will inure to the benefit of BaldingTony.com and its successors and assigns. The failure of BaldingTony.com to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

This Agreement is governed exclusively by the laws of the State of Nevada, without reference to its conflicts of law principles, and without regard to the United Nations Convention on the International Sale of Goods.  The parties hereby submit to the exclusive personal jurisdiction of, and agree that any controversy, claim or legal proceeding with respect to or arising under the Agreement shall be brought in, the United States District Court or the state courts located in Clark County, Nevada.  You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth herein.  You agree that any claim or cause of action arising out of or related to use of the Software or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The prevailing party in any claim or proceeding shall be entitled to reimbursement of reasonable attorneys’ and experts’ fees and costs.  You hereby acknowledge that a breach of this Agreement may cause irreparable harm and significant injury to BaldingTony.com that may be difficult to ascertain, and that a remedy at law may be inadequate.  Accordingly, You agree that BaldingTony.com shall be entitled, without waiving any additional rights or remedies otherwise available to BaldingTony.com at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by You.  Notwithstanding anything to the contrary, BaldingTony.com shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.

Use of the Websites or Service is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. The Websites and Service are controlled and operated by BaldingTony.com from its offices in the State of Nevada, in the U.S.A. BaldingTony.com makes no representation that any of the Websites or Service to which you have been given access are available or appropriate for use outside of the U.S.A. Your use of or access to the Websites or Service should not be construed as BaldingTony.com’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Nevada.

If any provision of this Agreement, including without limitation, the warranty disclaimers and liability limitations set forth above, is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.  Sections 5 through 17 of these Terms of Service shall survive the termination of this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.