Terms and Conditions
Intellectual Property Rights. We own all intellectual property in this Site and all content made available to you through the Site (which includes, without limitation, for purposes of the Terms any documents posted on the Site and any newsletters that we may otherwise provide electronically) including its overall appearance, graphics design and underlying source files. Without the prior written consent of the Company, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, frame or use for any purpose the contents of this Site. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials. Nothing contained in this Site should be construed as granting any license or right to use any of Company’s intellectual property rights. If you provide us with any feedback concerning any material on the Site, such feedback shall not be subject to any confidentiality restrictions and Company will be free to use such feedback, without any compensation to you, for any purpose whatsoever.
Limitation of Liability; Disclaimers. Company has made and will continue to make efforts to include accurate and up-to-date information on this Site. However, Company cannot guarantee that the content and any other information posted on this Site is accurate, complete or suitable for any purpose. In addition, Company cannot guarantee that the content or other information posted on this Site has not been affected by technical malfunctions or unauthorized tampering. Company does not guarantee that content or other material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. The Company may alter or remove materials from this Site at any time.
The Company may make informational materials available on the Site or otherwise electronically such as through email. USE OF THESE MATERIALS IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR CONTENT OR ANY INFORMATION OBTAINED THROUGH THIS SITE. IN NO EVENT WILL COMPANY, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THE CONTENT OR THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.
BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE CONTENT, INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.
Governing Laws. The Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. The arbitration will be conducted in New York, NY unless the parties agree to video, phone and/or internet connection appearances. In the event of a conflict between the terms set forth herein and the JAMS Rules, the terms herein will control and prevail. Any arbitration shall be limited to the Claim between Company and you individually. No dispute shall be arbitrated on a class-action basis or utilizing class action procedures and no arbitration shall be joined with any other arbitration.
How to Contact Us. If you have any questions or concerns about the Terms for this Site or its implementation you may contact us through the functionality made available through the Site.