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Use Of This Site
Proprietary Rights. As between
you and the Site Proprietor, the Site Proprietor owns, solely and
exclusively, all rights, title and interest in and to the Site,
all the content, code, data and materials thereon, the look and
feel, design and organization of the Site, and the compilation of
the content, code, data and materials on the Site, including but
not limited to all intellectual property and proprietary rights
therein. Your use of the Site does not grant to you ownership of
any content, code, data or materials you may access on the Site.
Any commercial use or exploitation of the Site is strictly prohibited.
You may view the content on the Site on your personal computer or
other internet-compatible device, and make single copies or prints
of the content on the Site for your personal, non-commercial use
only. You may not otherwise copy, reproduce, distribute or otherwise
exploit any content, code, data or materials on the Site.
The
Site may include materials obtained from other sources or published
by others. Such other parties may retain a copyright in these works.
In such cases, users must seek permission from the copyright owner
for all uses that are not allowed by fair use and other provisions
under copyright law.
Submitted Materials. Unless specifically
requested, we do not solicit nor do we wish to receive any confidential,
secret or proprietary information or other material from you through
the Site, by e-mail or in any other way. Any submissions, materials,
information, ideas, concepts or other materials submitted or sent
to us ("Submitted Materials") will be deemed not to be confidential
or secret, and may be used and/or disclosed by us in any manner.
By submitting or sending Submitted Materials to us, you represent
and warrant that the Submitted Materials, and our use thereof, will
not violate, misappropriate or infringe any third party right or
law, rule or regulation. You agree to defend, indemnify and hold
the Site Proprietor harmless from any and all claims, liabilities,
costs and expenses, including reasonable attorneys' fees, arising
in any way from your use of the Site, your Submitted Materials,
or your breach or violation of any law, rule or regulation or of
these Terms and Conditions. We cannot be responsible for maintaining
any Submitted Material that you provide to us, and we may delete
or destroy any such Submitted Material at any time.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT THEREON,
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY,
AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND
IMPLIED. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL THE SITE PROPRIETOR
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY
RELATED TO, THE SITE, EVEN IF THE SITE PROPRIETOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY BE EXPOSED TO CONTENT
ON THE SITE THAT YOU FIND OFFENSIVE OR OBJECTIONABLE; YOUR USE OF
THE SITE IS AT YOUR OWN RISK.
Links from and to the Site. You acknowledge
and agree that we have no responsibility for the accuracy or availability
of information provided by Web sites to which you may link from
the Site ("Linked Sites"). Links to Linked Sites do not constitute
an endorsement by or association with us of such sites or the content,
products, advertising or other materials presented on such sites.
We do not author, edit, or monitor these Linked Sites. You acknowledge
and agree that we are not responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on such Linked Sites.
Miscellaneous. The Terms and Conditions
and the relationship between you and us shall be governed by the
laws of the State of New York, without regard to its conflict of
law provisions. You agree that any cause of action that may arise
under the Terms and Conditions shall be commenced and be heard in
the appropriate court in the State of New York, County of New York.
You agree to submit to the personal and exclusive jurisdiction of
the courts located within New York County in the State of New York.
Our failure to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right
or provision. If any provision of the Terms and Conditions is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms and Conditions remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action by you arising out of or
related to use of the Site or the Terms and Conditions must be filed
by you within one (1) year after such claim or cause of action arose
or be forever barred.
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