Terms of Service

User will be legally bound by this Agreement and should read it carefully. If User does not accept the terms of this Agreement, User should not use the Site.

 

Information

In using the Site, we may collect data and other information from User and User's computer. All such data and other information will be handled by our website as set forth in its privacy policy, a copy of which is posted on the Site.

 

Content

All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Site (collectively "Content") belongs to, or is licensed by, our website, unless stated otherwise in writing by our website. User may access and use any Content solely in connection with User's authorized use of the Site, and for no other purpose; provided, however, that User may not, in any case, use any Content for any purpose prohibited by (a) our website, in its sole discretion, after User receives notice of such prohibition, (b) this Agreement, or (c) any applicable law.

 

Third Party Vendors

We may rely on third parties to provide products, services and content in connection with the Site or this Agreement (individually a "Third-Party Vendor"), and we will have no responsibility or liability with respect to any Third-Party Vendor or any Third-Party Vendor's websites, products, services or content. A Third-Party Vendor may impose additional terms upon User's use of such websites, products, services and content, and User will be bound by such terms just as though they are set forth in this Agreement in their entirety.

 

User's Responsibilities

User is solely responsible and liable for (a) obtaining and maintaining all third-party equipment, software and services necessary to use the Site, (b) protecting access to, and security of, all equipment, software and services used to connect to the Site, (c) performing all of User's obligations pursuant to this Agreement, (d) obtaining and maintaining appropriate licenses and rights for use of any third-party products (including, but not limited to, web-browser software), equipment or services in connection with using the Site, and for paying all fees associated therewith, (e) all fees payable pursuant to this Agreement as a result of the use by User or any third party of User's account, user name or password, except as set forth, (f) promptly reporting to our website in writing any defect or error in, shortcoming of, and other problem with, the Site, (g) User's compliance with all applicable law in connection with all matters for which User is responsible hereunder and User's use of the Site, and (h) obtaining through any third party any required approval, authorization, consent, license, permission and permit to use the site as contemplated herein.

 

Right to Monitor

We may monitor User's use of the Site to confirm that User is complying with User's obligations pursuant to this Agreement or for other legitimate business purposes; provided, however, that our website has no obligation to do so and any such monitoring will be at our website's sole discretion. We will have no liability to User or any third party in connection with its monitoring (or not monitoring) such use.

 

Third-Party Sites

The Site may contain links to other websites that are not maintained by our website. our website is not responsible for any content contained on such other websites or otherwise with respect to such other websites. No link on the Site to another website, or on another website to the Site is an endorsement, sponsorship or recommendation by our website of such other website and the link is provided only for User's convenience. We will have no responsibility or liability to User or any third party as a result of any link between the Site and another website.

 

Term

This Agreement shall be in effect as of the date User accepts the terms of this Agreement and continue in effect until the earlier of (a) User's permanently terminating User's account on the Site or (b) our website's sending notice to User that our website is terminating this Agreement, whether with or without cause. All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive any such termination and may be enforced by a party at any time after such termination, subject only to any applicable statute of limitations.

 

Indemnification

User shall indemnify, defend and hold harmless our website of all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to our website) resulting of, or related to, (a) User's failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by User in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Site by User, (d) any unauthorized use by a third-party of User's account, user name or password, except as set forth, (e) any products, services or content of Third-Party Vendors, or (f) except to the extent our website is grossly negligent or engages in intentional misconduct, any use of the Site.

 

Warranty Disclaimer

THE SITE IS MADE AVAILABLE TO USER "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, OUR WEBSITE DISCLAIMS All IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to User.

 

Limitation of Liability

WE WILL NOT BE LIABLE TO USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY OUR WEBSITE, IN NO EVENT WILL ANY LIABILITY OF OUR WEBSITE WITH RESPECT TO THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY USER. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY OUR WEBSITE, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to User.

 

Severability

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

 

Revisions

We may revise any provision of this Agreement at any time by (a) posting the revised provision so that it is accessible to User on the Site, or (b) notifying User of the revised provision in an email message or other notice sent to User at the address for User in our website's records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. User is responsible for periodically checking this policy on the Site for revisions to this policy. Any other revision to this Agreement must be in a writing signed by our website and User.

 

Dispute Resolution

Any complaint of User relating to the Site or this Agreement must first be submitted to our website as set forth, and our website must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon our website's completing such investigation and so responding, User and our website must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after a reasonable period of time of not less than 30 days, and User desires to pursue other remedies, User may, within one year after our website received User's initial complaint, commence litigation against our website in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. User consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such complaint is submitted to a court as set forth herein, User (a) waives any right User may have to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against our website as a member or other participant in any class action or other similar form of litigation.

 

Notices

Any such notice will be effective upon actual receipt by our website. We may send notices to User relating to the Site or this Agreement through e-mail, regular mail or a general posting on the Site. Any such notice by our website our website will be effective (a) immediately upon our website's sending such notice to the address it has in its records for User in the case of e-mail, (b) five days after our website's sending such notice to the address it has in its records for User, with postage prepaid, in the case of regular mail, and (c) immediately upon User's entering the Site after such notice is posted on the Site.

 

In using the Site, User accepts the terms of this Agreement. If User does not accept such terms, User should not use the Site.