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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.
Please see our Privacy Statement,
which is incorporated into these Terms of Use by reference.
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. Privacy Policy
Registration data and other personally identifiable information that we may
collect is subject to the terms of our
Privacy Statement.
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. 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.
10. 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.
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