Last Updated: Effective Date: June 2016
By accessing or using our Services, you agree to be bound by the Terms and all Terms incorporated herein by reference. If you do not agree to all of these Terms, do not access or use our Services.
The Services are provided for informational purposes only and should not be construed as legal, financial or other professional advice or, unless otherwise expressly stated, as Company’s offical position on any subject matter. Neither Company nor any third-party provider of information represents or warrants that a) the Services are accurate, complete, reliable, current, useful or error-free or b) the Services or our server(s) are free of viruses or other harmful components. It is your responsibility to use industry-recognized or reliable software to detect and disinfect viruses from any download of/from the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Services by anyone.
You agree at all times to defend, indemnify and hold harmless Company, its affiliates, independent contractors, service providers and consultants, their successors, transferees, assignees and licensees, and our and their respective parent and subsidiary companies, directors, officers, employees, agents, associates and shareholders of each (collectively, the “Company Parties”) from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including but not limited to legal fees and expenses, arising out of or related to (a) your use of the Services, (b) any feedback you provide, (c) your breach of any of the Terms including but not limited to any obligation, warranty, representation or covenant set forth herein, or (d) your violation of the rights of any third party.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH COMPANY OR SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY AND COMPANY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICES. OUR SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
These Terms shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under these Terms may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
These Terms shall be governed by and construed in accordance with the state of New York. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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