1. ACCEPTANCE OF TERMS
All product information, descriptions, materials, files, communications, documents, text, images and content provided by us are referred to as “Company Content.”
2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Company, this Site also make available materials, information, hyperlinks to, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold us responsible or liable with respect to the Third Party Services or seek to do so.
When you submit a testimonial to us, you are representing that the testimonial is your original expression, that it does not infringe the intellectual property of any third party, and that you agree to provide us a perpetual, unlimited, world-wide license to feature and present your testimonial on our Site and elsewhere without limitation.
3. TRADEMARK INFORMATION
The trademarks, logos, and service marks (the “Marks”) displayed on this Site are the property of Company or other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party that may own the Marks.
4. USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Site or any linked sites.
5. WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in this Agreement or in a written agreement between you and Company, this Site, and all Materials and Services, including all the products, accessible for purchase through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement or accuracy. Without limiting the foregoing, we make no warranty that
(i) the Services and Materials will contain accurate information, or will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials, including any product purchased on the Site, obtained or accessible by you through the Site will meet your expectations. We do not endorse the submitting to any of the submission opportunities contained in Product, and make no warranty that any of the submission opportunities are legitimate, and make no warranty that the proprietor of any submission opportunity will not misappropriate or steal any intellectual property you submit to them. Company makes does not warrant that any login information or credentials you provide, such as your email address and password, will be safe and will not be accessed by third parties, whether with consent of Company, or otherwise. Accordingly, you are advised not to use a password that you use for any other purpose.
6. PERSONAL INFORMATION AND PRIVACY
7. LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, recklessness, or intentional conduct, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members, or suppliers, in either an individual or corporate capacity, be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
In no event, including, without limitation, negligence (including gross negligence) recklessness, or intentional conduct, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, members, or suppliers be liable to you or any third party, in an individual or corporate capacity, for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, and on any theory of liability, arising out of or in connection with the disclosure or publication, whether intentional or inadvertent, of your personal information (including your password).
8. INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, its Services, or Materials.
9. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices within the State of New York, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of New York with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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