These terms and conditions are a legal contract between you (the "User" or "you") and us for the use of this web site. In consideration of User being given access to the Web Site, User agrees to be bound by these terms and conditions of use (the "Terms"). By accessing or using the Web Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
1. Accuracy of Information
We attempt to be as accurate as possible when providing you with information about us on the Web Site; however, to the extent permitted by applicable law, we do not warrant that the content available on the Web Site is accurate, complete, reliable, current, or error-free.
We make no commitment, and disclaim any duty, to update any of the material on the Web Site. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report or information shall be at your sole risk. We reserve the right to add, modify, correct or delete any information from the Web Site at any time without any notice.
THE INFORMATION PRESENTED ON THE WEB SITE HAS BEEN COMPILED FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE INFORMATION OR MATERIAL PRESENTED, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. USER AGREES THAT ANY USE OF THE WEB SITE IS AT USER'S SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOR LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
3. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THE WEB SITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER'S SOLE REMEDY FOR DISSATISFACTION WITH THEWEB SITE IS TO STOP USING THE WEB SITE. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE WEB SITE LINKS ON THE WEB SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEB SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Web Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
5. Intellectual Property
All content available on the Web Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is our property, our affiliates, our partners or our licensors, and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the Web Site (collectively, the "Trademarks") are our registered and unregistered marks, our affiliates, our licensors or our partners. All Trademarks not owned by us, our affiliates or our partners that appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 6 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Web Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
6. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make use of the Web Site. Please note that you may not frame or utilize framing techniques to enclose the Web Site or any portion thereof without our prior written consent. The limited license set forth in this Section 6 does not include the right to: (i) modify or download the Web Site or its contents (except caching); (ii) make any use of the Web Site or its Content other than personal use; (iii) create any derivative work based upon either the Web Site or its Content; (iv) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (v) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Web Site terminates the limited license set forth in this Section 9 without prejudice to any other remedy provided by applicable law.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Web Site, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.