TERMS OF USE:
Acceptance of Terms of Use:
By using this Site, or accessing any information on this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree to the following Terms of Use, do not use the Site or download any materials from the Site. This Site is a business and commercial site, and as such, it is not intended for children or minors. These Terms of Use constitute the entire and only agreement between us and you regarding your use of this Site and form a legally binding agreement. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of these Terms of Use, are specifically disclaimed and superseded by these Terms of Use. These Terms of Use may be amended at any time by us without notice to you. These Terms of Use will be updated periodically and you should review these Terms of Use prior to using this Site, and again from time to time when you return to this Site. All updates and changes to these Terms of Use will be effective immediately. Your continued use of this Site means that you accept and agree to such changes. If you cannot access these Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request or via other means that will permit you to review these Terms of Use. ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION OR MATERIALS PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Copyright and Ownership:
The content, functionality, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the "look and feel" of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not use, copy, distribute, display, publish, transmit, or create derivative works of any content or material on this Site.
Trademarks:
All Company names, logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, or trade names displayed, cited, or otherwise indicated on this Site are trademarks or registered trademarks of ours, our affiliates, or other third parties. The copying, redistribution, use, or publication by you of any third-party marks is strictly prohibited. The copying, redistribution, use, or publication by you of any of our marks is strictly prohibited.
Limited Right To Use The Site:
You may view, print, or download any content, graphic, form, or document from the Site so long as such activity is for your own personal and non-commercial use. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from or make other use of the content of this Site. No part of any content, form, or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization. Any such authorization granted does not include any transfer of title. If we provide social media features with certain content, you may take such actions as are enabled by such features.
Your activities on the Site shall not: (i) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, spiders, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site; (v) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (vi) use any process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (vii) use any device, software, or routine that interferes with the proper working of the Site; (viii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (ix) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; (x) otherwise attempt to interfere with the proper working of the Site; (xi) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (xii) seek to obtain sensitive or personally identifiable information from other users of the Site; or (xiii) modify or alter any part of this Site. Additionally, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Without limitation, your use of the Site shall not be for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. Additionally, you shall not (a) use this Site to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (b) use this Site to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (c) use this Site to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Without our express prior approval, you shall not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services. You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services competitive with the Site.
We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You acknowledge that your account, if any, is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Warranty and Disclaimer of Liability.
All references on this Site to information, materials, products, and services apply to information, materials, products, and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any jurisdiction. This Site is for information purposes only.
THE INFORMATION AND MATERIALS PROVIDED FROM, AT, OR THROUGH THIS SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) WARRANTIES RELATING TO TITLE AND NON-INFRINGEMENT, (3) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, IN THE OPERATION OF THIS SITE OR ANY PART OF IT, (4) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION, (5) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, AND (6) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. NONE OF US, OUR AFFILIATES, AND OUR SERVICE PROVIDERS AND AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED AT THIS SITE. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions, and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.
NONE OF US, OUR AFFILIATES, OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM, OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE THAT: (1) RESULTS FROM YOUR USE OF OR INABILITY TO USE OR THE LACK OF AVAILABILITY OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (2) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US, OUR AFFILIATES, AND SERVICE PROVIDERS AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100 U.S. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY US WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
Limitations on Information.
Reliance on the contents of this Site for any purpose by you is at your sole risk. All standards, specifications, technical discussions, and reports included on this Site are advisory only. Neither we nor our affiliates shall be responsible for any errors of any kind (typographical or otherwise),
Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. Neither we nor our affiliates shall be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy.
Marketing and Promotional Materials.
From time to time, we may send marketing and promotional materials or messages to you at no cost or fee to you. You hereby agree that we may send you such marketing and promotional materials via electronic transmission, e-mail, mail, or otherwise, provided that you may unsubscribe to, and opt-out of receiving, such materials at any time by following the opt-out procedure set forth in the marketing and promotional materials or messages you receive.
Links to Third Party Websites.
The Site may contain links or advertisements to other websites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through such websites, or made available through these resources or appearing on such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored, or checked for accuracy, completeness, or conformance with applicable laws and regulations of any of these sites. Inclusion of any linked website on the Site does not imply approval, acceptance, or endorsement of the linked website or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of such websites will apply to you while on such websites.
Copyrights and Copyright Agents.
In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Information and Press Releases.
The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
Dispute Resolution, Arbitration, Jury Trial and Class Action Waiver, and Limitation.
Neither you nor the Company will be able to sue in court in connection with a dispute involving the Site (a “Site Dispute”). All Site Disputes must be resolved through individual (non-class) arbitration. By continuing to use the Site after having the opportunity to review these Terms and Conditions, you indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate. You and the Company intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. You and the Company waive any rights to maintain other available resolution processes for Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for Site Disputes. Instead of suing in court, we each agree to settle Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would. Any Site Dispute shall be determined by arbitration in Westchester County, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating. To the extent a party commences any action which includes both Site Disputes and Non-Site Disputes, consideration of the Non-Site Disputes shall be stayed until the Site Disputes are fully arbitrated. Then, any Non-Site Disputes will be considered by any court of competent jurisdiction. You agree that you will not file a class action against us and its affiliated companies, or participate in a class action against us and its affiliated companies, in any Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against us and its affiliated companies, in any Site Dispute. Any cause of action by you with respect to the Site (or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these Terms of Use.