Terms of Use
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound
by these Terms of Use, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or
through this web site, you will be subject to any rules or guidelines applicable
to those services and they shall be incorporated by reference into these
Terms of Use.
2. Our Service.
Our web site and services provided to you on and through our web site on
an "AS IS" basis. You agree that the owners of this web site exclusively
reserve the right and may, at any time and without notice and any liability
to you, modify or discontinue this web site and its services or delete the
data you provide, whether temporarily or permanently. We shall have no responsibilty
or liability for the timeliness, deletion, failure to store, inaccuracy,
or improper delivery of any data or information.
3. Your Conduct.
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:
(a) collect or harvest any data about other users;
(b) 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;
4. 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.
5. 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 attorney's 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 provision of Content, your violation of this Terms of Use
or any other violation of the rights of another person or party.
6. 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.
7. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, 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.
8. 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.
9. 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
address.
10. 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.
11. 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.