You agree that our web site may expose you to Content that
may be objectionable or offensive. We shall not be
responsible to you in any way for the Content that appears
on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
- provide any Content or perform any conduct that may be
unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortious, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site or
any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an
applicable local, national or international law;
- impersonate or misrepresent your association with any
person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
- collect or harvest any data about other users;
- provide or use this web site and any Content or service
in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or
any other form of unauthorized advertising without our
prior written consent;
- provide any Content that may give rise to our civil or
criminal liability or which may constitute or be considered
a violation of any local, national or international law,
including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised
and/or made available on or through this web site.
Representations made regarding products and services
provided by third parties are governed by the policies and
representations made by these third parties. We shall not
be liable for or responsible in any manner for any of your
dealings or interaction with third parties.
8. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or
demand, including reasonable legal fees, that may be made
by any third party, that is due to or arising out of your
conduct or connection with this web site or service, your
violation of this Terms of Use or any other violation of
the rights of another person or party.
9. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS
PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND
AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE
SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT
YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some
jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you
only as it relates to implied warranties.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR
ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE. In some jurisdictions, it
is not permitted to limit liability and therefore such
limitations may not apply to you.
11. Reservation of Rights.
We reserve all of our rights, including but not limited to
any and all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that we may have in our web
site, its content, and the goods and services that may be
provided. The use of our rights and property requires our
prior written consent. We are not providing you with any
implied or express licenses or rights by making services
available to you and you will have no rights to make any
commercial uses of our web site or service without our
prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been used in any way
that would be considered copyright infringement or a
violation of your intellectual property rights, our
copyright agent may be contacted at the following email
address:
[email protected]
13. Applicable Law.
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or
services shall be governed by and construed in accordance
with local laws where the headquarters of the owner of this
web site is located, without regard to its conflict of law
provisions. By registering or using this web site and
service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
14. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any
law under which any provision may be held invalid by a
court with jurisdiction over the parties, such provision
will be interpreted to reflect the original intentions of
the parties in accordance with applicable law, and the
remainder of this Terms of Use will remain valid and
intact; (ii) The failure of either party to assert any
right under this Terms of Use shall not be considered a
waiver of any that party's right and that right will remain
in full force and effect; (iii) You agree that without
regard to any statue or contrary law that any claim or
cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose
or the claim shall be forever barred; (iv) We may assign
our rights and obligations under this Terms of Use and we
shall be relieved of any further obligation.
15. Consent
By continuing to browse or otherwise accessing the web
site, you signal acceptance of the terms and disclaimer set
out above. If you do not accept any of these terms, leave
this Web Site now.