PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

One Bakersfield offers the OneOneBakersfield.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. OneOneBakersfield.com may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.

Personal, Noncommercial and commercial Use
The OneOneBakersfield.com site is for your use. As a condition to your continued use of the Web Site, you warrant to OneOneBakersfield.com that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Disclaimer of Warranties
Neither OneOneBakersfield.com nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of OneOneBakersfield.com results in the need for servicing or replacing property, material, equipment or data, OneOneBakersfield.com is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of OneOneBakersfield.com. OneOneBakersfield.com reserves the right to change or discontinue at any time any aspect or feature of the Web Site.

OneBakersfield.com does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. OneBakersfield.com reserves the right to change or discontinue any aspect or feature of the Web Site at any time.

You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of OneBakersfield.com. Accordingly, OneBakersfield.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON OneBakersfield.com IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OneBakersfield.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR OneBakersfield.com SERVICES.

Limitation of Liability
IN NO EVENT SHALL OneBakersfield.com OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE OneBakersfield.com WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OneBakersfield.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OneBakersfield.com SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification
You agree to defend, indemnify and hold OneBakersfield.com, its officers, directors, employees and agents, licensors and suppliers harmless From and against any claims, actions or demands, liabilities and settlemen s, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the OneBakersfield.com Web Site in a manner that violates or is alleged to violate these Terms and Conditions. OneBakersfield.com shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements
The OneBakersfield.com Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by OneBakersfield.com of the sites, but is for your reference and convenience only. OneBakersfield.com has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to OneBakersfield.com. Nor does OneBakersfield.com recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. For example, OneBakersfield.com provides a link to http://www.bakersfieldcalendar.com, which is subject to http://www.bakersfieldcalendar.com's Terms and Conditions of Use, and NOT these Terms and Conditions.

The OneBakersfield.com Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, OneBakersfield.com does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.

Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the OneBakersfield.com Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. OneBakersfield.com reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the OneBakersfield.com Web Site to a server, except as part of an Internet service provider's incidental caching ofpages. Each page within OneBakersfield.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within OneBakersfield.com.

Copyrights
The One Bakersfield retains full copyright ownership, rights and protection in all material contained on OneBakersfield.com (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site.

You may, however make single copies of materials displayed on the OneBakersfield.com Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from OneBakersfield.com or the copyright owner of the copied material.

None of the material contained on the OneBakersfield.com site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of OneBakersfield.com. All content of OneBakersfield.com is Copyright © 2004 One Bakersfield.com.

All rights reserved.

Termination

You agree that OneBakersfield.com may terminate your use of the Web Site, if OneBakersfield.com reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of OneBakersfield.com or any third party, or for any reason with or without notice to you. You agree that OneBakersfield.com may modify or discontinue OneBakersfield.com, with or without notice to you. You agree that OneBakersfield.com will not be liable to you or any third party as a result of such modification or discontinuation.

Survival
The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

General Provisions
You expressly agree that exclusive jurisdiction for any dispute with OneBakersfield.com, or in any way relating to your use of OneBakersfield.com ("Legal Action"), resides in the courts of the County of Kern, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Eastern District of California in Fresno, California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to OneBakersfield.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notice
The OneBakersfield may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on OneBakersfield.com, or by written communication delivered by first class U.S. mail to your address on record in OneBakersfield.com's account information.

One Bakersfield.com
531 H Street
Bakersfield, Ca 93304
661-716-0411