Terms of Use

Welcome to http://davidlarocheworld.com/.  This website is owned and operated by Start New Production, LLC. (“SNP”).

These Terms of Use, along with policies and guidelines located throughout http://davidlarocheworld.com/identify what users (“User(s)”) of http://davidlarocheworld.com/can expect from the website, and what SNP expects from its Users. By accessing any areas of the davidlarocheworld.com website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout http://davidlarocheworld.com/.

Privacy Policy

davidlarocheworld.com respects the privacy of its Users. The terms and conditions of the http://davidlarocheworld.com/‘s Privacy Policy are incorporated herein by reference.

Content

User acknowledges that http://davidlarocheworld.com/contains information, text, graphics, and materials (“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. All Content is copyrighted as a collective work under the U.S. copyright laws, and SNP owns the copyright in the selection, coordination, arrangement, and enhancement of such Content. User 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. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark notices or 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 (see, e.g., 17 U.S.C. Section 107), User 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. In addition to the foregoing, User’s use of any software Content shall be governed by the software license agreement accompanying such software.

The Content of this website, including courses, seminars, and forums, are for personal informational purposes only. Neither SNP, this website, nor the SNP Parties are licensed or certified as an educational or university facility, and offer no course or educational credits, degrees, or certifications of any kind. Neither SNP nor the SNP Parties are responsible for any adverse or negative effects or benefits resulting from a User’s use of or reliance on any Content contained on this website.

Third-Party Content

In some instances, the Content available through http://davidlarocheworld.com/represents the opinions and judgments of the respective third party providing such Content. davidlarocheworld.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on http://davidlarocheworld.com/by anyone other than davidlarocheworld.com.  Under no circumstances shall SNP, davidlarocheworld.com, or its affiliates, or any of their officers, directors, employees, or agents, or representatives authorized by SNP, or SNP partners, and SNP suppliers  (“SNP Parties”) be liable for any loss, damage or harm caused by a User's reliance on or use of Content obtained through the davidlarocheworld.com website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the website.

Linked Third-Party Websites

http://davidlarocheworld.com/ may contain links and pointers to websites maintained by other third parties (“Third Party Sites”). The appearance of a link does not imply http://davidlarocheworld.com/’s endorsement.  http://davidlarocheworld.com/ has not reviewed all of the Third Party Sites linked to the website and is not responsible for the contents of or any products or services offered in such Third Party Sites. User accesses them at User’s own sole risk, and User should direct any concerns regarding any Third Party Site to its website administrator or webmaster.

Cookies and Tracking Information

When User visits http://davidlarocheworld.com/, a cookie may be placed on User’s computer for a number of reasons, such as (a) to keep track of User’s shopping cart, as applicable, (b) to recognize User when User returns to the website, and (c) to recognize whether a User came to website as a result of a promotion or advertisement with one of http://davidlarocheworld.com/partners websites or email campaigns.  If User chooses to not have its browser accept cookies from http://davidlarocheworld.com/, User may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain services and product offerings on the website.

http://davidlarocheworld.com/also collects anonymous visitor information about how User utilizes the website, such as IP addresses, browser types (such as Internet Explorer, Safari, Mozilla, etc.), referring pages and pages visited.  davidlarocheworld.com uses this information (a) to perform anonymous statistical analysis of website traffic patterns, (b) to administer the website and servers, and (c) to improve services.

Trademarks

Trademarks appearing in or on this website are registered trademarks of the SNP Parties and all rights thereto are reserved. All other trademarks appearing on this website are the property of their respective owners.

Indemnification

User agrees to indemnify, defend, and hold harmless the SNP Parties and any third party provider of information or services to the website from and against all claims, losses, expenses, damages, and costs resulting from any violation of these Terms of Use.

Termination of Usage

davidlarocheworld.com may suspend or terminate any User's access to all or any part of http://davidlarocheworld.com/including any account thereon, without notice, for any reason in davidlarocheworld.com's sole discretion.

Disclaimers and Limitation of Liability

HTTP://DAVIDLAROCHEWORLD.COM/IS PROVIDED BY SNP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SNP DISCLAIMS ALL WARRANTIES OF ANY KIND.

WITHOUT LIMITING THE FOREGOING, SNP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE DAVIDLAROCHEWORLD.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT HTTP://DAVIDLAROCHEWORLD.COM/WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE DAVIDLAROCHEWORLD.COM WEBSITE; OR (IV) THAT THE DAVIDLAROCHEWORLD.COM WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF DAVIDLAROCHEWORLD.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SNP DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO HTTP://DAVIDLAROCHEWORLD.COM/ OR ANY RELATED SERVICES. THE OPERATION OF HTTP://DAVIDLAROCHEWORLD.COM/ MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SNP’s PARTIES.

UNDER NO CIRCUMSTANCES SHALL SNP OR THE SNP PARTIES BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE) THAT ARISE OR RESULT FROM THE USE OF OR INABILITY TO USE HTTP://DAVIDLAROCHEWORLD.COM/, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE DAVIDLAROCHEWORLD.COM WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, OR ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DAVIDLAROCHEWORLD.COM'S CONTENT, RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE DAVIDLAROCHEWORLD.COM WEBSITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SNP AND THE SNP PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR OTHERWISE, EXCEED ANY COMPENSATION THE USER SHALL HAVE PAID, IF ANY, FOR THE CONTENT OR ITS USE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Disputes

Subject to the provisions of these Terms of Use, if a User has a dispute with davidlarocheworld.com, and the User is unable to resolve the dispute informally, the User and davidlarocheworld.com agree that upon demand by either the User or davidlarocheworld.com, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, the User and davidlarocheworld.com each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between the User and davidlarocheworld.com, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between the User and davidlarocheworld.com.

The User and davidlarocheworld.com agree that each is waiving the right to a jury trial or a trial before a judge in a court. The User and davidlarocheworld.com agree that each may bring claims against the other only in an individual capacity, and that neither the User nor davidlarocheworld.com shall be entitled to join or consolidate claims by or against others in any arbitration or litigation, or to include in any arbitration or litigation, any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. The User and davidlarocheworld.com agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to davidlarocheworld.com or the Content on the website, these Terms of Use shall be controlling.

Subject to provisions of these Terms of Use, each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. The User should attach a copy of this arbitration provision, which will remain available online.

 If the User demands arbitration, the User must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Start New Production, LLC, Attention: Legal Department, 9595 Wilshire Blvd. Suite 601, Beverly Hills CA 90212. If davidlarocheworld.com demands arbitration, the User will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that davidlarocheworld.com has for the User in its records.

If the User’s claim is for more than $10,000, and applicable law limits the amount of arbitration fees payable by the User, davidlarocheworld.com will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.

The User and davidlarocheworld.com agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between the User and davidlarocheworld.com.

These Terms of Use and the User’s use of this website, the Content, or otherwise shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The User agrees that any dispute (as defined herein), including any arbitration or action at law or in equity arising out of or relating to these Terms of Use or this website shall be filed only in the state and federal courts located in Los Angeles County, California and the User hereby irrevocably and unconditionally consents and submits to such exclusive jurisdiction.

Severability

Except as set forth herein, if any provision of these Terms of Use are, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of these Terms of Use, but these Terms of Use will be construed as if the invalid, illegal, or unenforceable provisions had never been contained hereunder, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by these Terms of Use to be unreasonable.

Acknowledgment
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and davidlarocheworld.com regarding User's relationship with davidlarocheworld.com and supersedes any prior statements or representations. When using http://davidlarocheworld.com/or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Modification

davidlarocheworld.com reserves the right to make changes to the http://davidlarocheworld.com/, posted policies and these Terms of Use at any time without notice.

International Use

Recognizing the global nature of this website and Internet, User agrees to comply with all local rules regarding online conduct and acceptable content.  Specifically, User agrees to comply with all applicable laws regarding the transmittal of technical data exported from the United States or the country in which such User resides.