Terms and Conditions
USE OF THESE MATERIALS IS AT YOUR OWN RISK. Company cannot and does not accept any responsibility or liability for the implementation of any security protocols or procedures. If Company accepts any responsibility and liability in respect of its proprietary software, applicable provisions shall be set forth in a separate written agreement between Company and the applicable licensee.
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 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 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THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.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 at through the functionality made available through the Site.