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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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