1. Proprietary Materials
1.1. Copyright and Other Intellectual Property Rights
The web site is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The web site contains copyrighted material, trademarks and other proprietary information of the Web site owner and others (collectively "proprietary material") including, but not limited to, text, software, photos, video, graphics, image, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any proprietary material. You will respect any copyright contained in any content on the web site.
1.2. Non-Commercial and Commercial Use
Permission to use, copy and/or distribute material from the web site for personal and non commercial purposes (such as: educational purposes, including teaching, research, criticism, commentary, scholarship and news reporting) without a fee is hereby granted provided that this notice and appropriate credit to the web site owner is included in all copies. (Users must cite to the author and source of any materials used for these purposes; the citation should include the Uniform Resource Locator (URL).) Commercial use of this document or the web site requires prior written consent from the web site owner. You will abide by any and all additional copyright notices, information or restrictions contained in any content on the web site.
2. Limited Warranty
The web site is provided "as is" without warranties of any kind, whether expressed or implied, including, but not limited to any warranty as to the accuracy, completeness, currency, reliability or content of any information or material provided by or through the web site, and the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, correctness or validity of any information or material provided by or through the web site rests with the user.
2.2. Web site
The Web site owner does not warrant that the functions of the Web site will meet your requirements or that the operation of the Web site will be uninterrupted or error free.
2.3. No Liability for Loss or Injury
The Web site owner shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting,. reporting, communicating or delivering information contained in the Web site.
2.4. No Liability for Hypertext Links
The web site owner has no control over the content of world wide web sites that may be linked to or available from the web site through hypertext links ("linked sites"), and is not responsible for their content. The linked sites are provided for your convenience only and you access them at your own risk.
3. Limitations on Liability and Remedies
3.1. Limitations Generally
The web site owner is and shall not be liable for any claim, injury or damage arising from the use of the inability to use the web site. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to alteration of or use of records, programs or files, whether for breach of contract tortuous behavior, negligence or under any other cause of action.
3.2. No Liability for Damages
In no event shall the Web site owner be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the Web site, even if the Web site owner has been advised of the possibility of the damages.
4. No Confidentiality in Communications
You acknowledge that transmissions to and from this web site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the web site owner, no confidential, fiduciary, contractually implied or other relationship is created between you and web site owner other than pursuant to this agreement.
The web site owner may terminate the right of any user to access the web site at any time, with or without cause, in the web site owner's absolute discretion and without notice. The recital in this agreement of specific grounds for termination of a user's right to access the web site shall in no manner whatsoever limit the web site owner's absolute right to terminate any user's access to the web site under this paragraph.
6. Modifications of Agreement or Service
6.1. Right to Modify Terms
The web site owner has the right to modify these terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the web site. Your continued use of the web site following any modification of these terms shall be conclusively deemed an acceptance of any modification. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the web site owner in providing the web site, is to cease use of the web site.
6.2. Right to Modify Web Site
The web site owner may at any time, without notice or liability, change or eliminate any content or feature of the web site, or restrict the use of any portion of the web site, including limiting the time of its availability, the amount of use permitted or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service?related change or elimination is to cease use of the web site.
All notices under this agreement shall be given in writing via certified or registered mail to . All notices shall be deemed as given as of the date of mailing or sending (email).
The section headings in this agreement are for identification purposes only and shall not affect the interpretation of this agreement or any party to this agreement.
7.3. Partial Invalidity
If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the determination shall not affect the validity or enforceability of any other part or provision of this agreement.
The waiver by either party of any breach of any provision of this agreement by the other party shall not be construed to be either a waiver of that party's rights regarding any succeeding breach of any such provision or a waiver of the provision itself.
7.5. Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to this subject matter and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between the parties. This agreement may not be released, discharged or modified except by an instrument in writing signed by the parties.
7.6. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State New York, without reference to its conflicts or choice of laws provisions.