Intellectual Property Rights
Third party links.
To access certain services provided by us, you may be directed to a link to a third party site such as paypal or others vendor that may ask you to provide certain personal information, including your name, email address, telephone number and employment information. You agree to provide true, accurate, current and complete information about yourself. To access such third party sites, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session. You are responsible for all activities (whether by you or by others) that occur under your password or account. We are not responsible and will not be liable for your use of any third party site or a third party’s use of your information or any claims or damages resulting therefrom. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect us or third parties as a result of the incorrect use, loss or theft of your password or account.
Disclaimer of Warranties
The information, products and services offered on or through the Site and by us and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, or the servers that make it available, are free of viruses or other harmful components.
This Site may include features that allow you to provide feedback to us. It is a condition of your use of the Site that you do not:
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to transmit any information, software or other material that contains a virus or other harmful component.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we or our affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our information, articles, white papers, updates, services, or third-party materials or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, YOU AGREE THAT OUR LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
This site is continually under development and we make no warranty of any kind, implied or express, as to its availability, accuracy, completeness or appropriateness for any purpose.
You agree at all times to defend, indemnify and hold harmless us , our affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
You agree not to disclose information you obtain from us. All information submitted to us by another end-user is proprietary information. Such information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
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 us infringe your copyright, you, or your agent may send us 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 us 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 us 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.
The Site is not directed to individuals under the age of 16, nor does it contain information which would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 16 should not disclose or provide any Personally Identifiable Information.
Waiver and Severability
DMS MAV 15145190