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 Policy, 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 responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Privacy Policy
Personally identifiable information that we may collect is subject to
the terms of our Privacy
Policy.
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 statute 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.
Last revised: October 24, 2003
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