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NISSENBAUM
LAW GROUP, LLC
TERMS AND CONDITIONS
Nissenbaum Law Group, LLC (the "Company"),
offers the Use (as defined below) of www.gdnlaw.com.com
("Website"), subject to the following
terms and conditions ("Terms and Conditions").
The viewer or user (collectively, the "User")
should read these Terms and Conditions carefully
before using the Website. By continuing to
view and use the Website, the User agrees
to these Terms and Conditions. If the User
does not agree to the Terms and Conditions
set forth herein or otherwise on the Website,
the User must not use it. The Company retains
the right to change the content of the Website
or these Terms and Conditions at any time.
Any changes made to these Terms and Conditions
shall be effective immediately upon posting.
The User's continued Use of the Website constitutes
acceptance of those changes.
The situating of the Website on the World
Wide Web and/or Internet constitutes a continuing
offer by the Company to the User to Use, as
such term is defined below, the Website according
to the Terms and Conditions. By utilizing
the Website in any manner, including, without
limitation, by viewing the same (collectively,
a "Use"), the User accepts that
offer and creates a binding contract between
the two parties to adhere to the same. The
parties stipulate that sufficient consideration
exists to create that contract, and that it
is therefore binding upon them. Further, by
his Use of the Website, the User makes the
material representation upon which he wishes
the Company to reasonably rely that he will
adhere to the Terms and Conditions in connection
with the User's Use of the Website. If the
User is dissatisfied with any of the Terms
and Conditions, the User's sole and exclusive
remedy is to discontinue using the Website.
Finally, by his Use of the Website, the User
also stipulates that a violation of any of
the Terms and Conditions will result in irreparable
harm to the Company not compensable in money
damages, such that, without limitation, injunctive
relief shall be a necessary and appropriate
remedy.
The Website contains images and contents,
including but not limited to images, photographs,
website text, software, pictures, graphics,
video clips, audio clips, digital downloads,
data, messages or any and all other information
controlled by the Website (collectively, "Materials").
General Disclaimer.
This Website contains general information
about the Company for clients and potential
clients. Nothing contained on this Website
shall constitute legal advice nor be construed
as a representation to be reasonably relied
upon. In no event shall anything on the Website
be construed either to create a duty of care
or to constitute a representation by the Company
of any sort to be relied upon by the User
in any manner whatsoever. An attorney-client
relationship is not created unless and until
a formal retainer agreement is signed between
the User and the Company. An attorney-client
relationship is not created as a result of
the Use of the website, including but not
limited to contacting the Company by email,
phone, facsimile or otherwise. The Company
takes no responsibility for information sent
to it intercepted by third-parties. User understands
that while the Company endeavors to maintain
the confidentiality of these communications,
communication via Internet, cell phone and
other modalities are vulnerable to interception
and may not be fully secure. By sending such
communication, User assumes the risk of the
same. User should not rely on the information
contained on the Website and should always
formally engage legal counsel to obtain legal
advice for User's specific situation. As further
set forth herein, the Company takes no responsibility
for the information contained on any website
to which this one may be linked, as the same
is completely independent of this Website.
Access to Website - Limited License. The
Website and the content provided therein,
including without limitation, the Materials
and other text, graphics, button icons, audio
clips, video clips, digital downloads, photographs,
biographical information, data compilations
and software, may not be copied, reproduced,
republished, uploaded, posted, transmitted
or distributed without the written permission
of the Company. Moreover, the User shall not
to download (other than page caching) or modify
any portion of the Website without the Company's
prior written approval. Notwithstanding the
foregoing, the Company grants the User a limited
non-exclusive license to make personal, non-commercial
use of the Website. The User is also granted
a limited license to print copies of any Materials
posted on the Website, but only for the User's
personal, non-commercial use. Except as expressly
provided, all rights are reserved. The Company
may terminate this license at any time by
amendment of these Terms and Conditions.
Moreover, and notwithstanding the foregoing,
if User exercises his rights under the above-referenced
license, he must retain all copyright and
trademark notices, including any other proprietary
notices, contained in the Materials. User
shall not, under any circumstances, alter,
obscure or obliterate any of such notices.
The use of such Materials or any portion of
the Website on any other website or in any
environment of networked computers is strictly
prohibited without the Company's advance written
consent, which may be withheld in Company's
sole discretion.
User Conduct. By utilizing the Website, the
User makes the material representation upon
which the User wishes the Company to reasonably
rely, that he will comply with the code of
conduct set forth below:
•(a) The User, when utilizing the Website,
will not do so in an unauthorized manner,
or in a manner which violates any legal or
regulatory proscription or duty, including,
without limitation, violating the Company's
intellectual property or that of another;
•(b) The User will not utilize the
Website in a manner that is harmful to the
Company or any other person or entity;
•(c) The User will not utilize any
information that the User gained as a result
of using the Website to illegally or improperly
violate another person's or entity's privacy
rights.
•(d) The User shall not utilize any
of the Company's trademarks as metatags on
other websites or otherwise use the Company's
trademarks for User's own advertising or pecuniary
gain, including without limitation utilization
as Google® AdWords;
•(e) The User shall not utilize the
Website in regard to any commercial activities,
advertising or sales without the prior written
consent of the Company, which may be unreasonably
withheld;
•(f) The User shall not use any robot,
spider or other intelligent agent software
or device to access or monitor the Website
in any manner;
•(g) The User will not transmit any
content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory,
indecent, obscene, pornographic or otherwise
objectionable;
•(h) The User shall not access the
Website more than ten (10) times a day;
•(i) The User will not restrict any
other user from properly using the Website,
including without limitation, by way of "computer
hacking" or otherwise altering the software
or functionality of the Website and its underlying
programs;
•(j) The User will not imply that any
of his statements are endorsed by the Company,
or that User is otherwise associated with
the Company in any manner;
•(k) The User will not use the Website
if the User is not able to form legally binding
contracts or has been temporarily or indefinitely
suspended from the Website;
•(l) The User will not transmit any
material, non-public information about any
person or entity without the proper authorization
to do so;
•(m) The User will not transmit any
advertisements, solicitations or any unsolicited
communication without the Company's express
permission to do so;
•(n) The User will not cover or obscure
any advertisements located within or Website;
•(o) The User will not revise, modify,
reverse engineer or in any way alter any portion
of the Website or its contents or underlying
technology;
•(p) The User will not "frame"
or "mirror" any part of the Website;
•(q) The User will not utilize any
device to enable him to circumvent the structure
of the Website and/or spam or flood the site;
•(r) The User will not collect any
information about visitors to the Website
without the Company's express permission to
do so;
•(s) The User shall not deliver, or
provide links to any postings without the
prior written permission of the Company, including,
without limitation, to any materials which
are deemed, in the Company's sole discretion
to be harmful, lewd, obscene, violent, insulting,
threatening, hateful or otherwise objectionable;
•(t) The User shall not impersonate
any other person and/or falsely state or otherwise
misrepresent that he has an affiliation with
any other person or entity, or otherwise mislead,
deceive or defraud the Company or any other
party; and
•(u) The User will not create a database
utilizing any information found within the
Website.
Moreover, the User hereby makes the material
representation upon which he wishes the Company
to reasonably rely that: (i) he is at least
13 years of age; (ii) he is a resident of
the United States; and (iii) he is authorized
to use the Website and/or provide information
to the Website.
Copyrights; Restrictions On Use. The Materials
on the Website are copyrighted by the Company,
its affiliates or its licensors under United
States and international copyright laws, are
subject to other intellectual property and
proprietary rights and laws, and are owned
by the Company, its affiliates or its licensors.
The Materials may not be copied, modified,
reproduced, republished, posted, transmitted,
sold, offered for sale or redistributed in
any way without the prior written permission
of the Company and its applicable licensors,
with the sole exception that User may print
copies of the Materials for User's personal,
noncommercial use. User must abide by all
copyright notices, information or restrictions
contained in or attached to any Material.
User agrees not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes any portion of the Website, including,
without limitation, any of the Materials or
access to the Website.
Copyright Infringement. It is the policy
of the Company to respond expeditiously to
claims of copyright infringement. The Company
will promptly process and investigate notices
of alleged infringement and will take appropriate
action under the Digital Millennium Copyright
Act and other applicable intellectual property
laws. The Company may elect to terminate access
for any User who it believes in its sole discretion
to be an infringer, regardless of whether
proven or not.
User covenants and agrees to provide the
Company with any information that User has
regarding potential copyright infringement
of any of the Materials. The sole and exclusive
protocol for notifying Company that such copyrighted
work has been infringed upon is to provide
written notice to Company in accordance with
the Notices provision hereunder. That notice
must include (i) the signature of a person
authorized to act on behalf of the owner of
the copyright interest ("Copyright Owner");
(ii) a description of the copyrighted work
that is believed to have been infringed upon;
(iii) a description of where the alleged infringing
work is located on the Website; (iv) the Copyright
Owner's mailing address, telephone number
and email address; (v) a statement by the
Copyright Owner that it has a good-faith belief
that the disputed use is not authorized by
the Copyright Owner, its agent, or the law,
or is not otherwise being conducted by another
authorized owner or licensee of the work;
and (vi) a statement by the Copyright Owner,
made under penalty of perjury, that the information
set forth in the submitted written notice
is accurate and that it is the Copyright Owner
or is authorized to act on the Copyright Owner's
behalf. Such information should be immediately
delivered to the Company by certified mail
return receipt requested or by commercial
carrier at the addresses set forth below in
the "Notices" provision and directed
to the attention of the "Copyright Agent."
Trademarks. "Nissenbaum Law Group"
and variations thereof, as well as certain
other of the names, logos and materials displayed
on the Website constitute trademarks, tradenames,
service marks or logos ("Marks")
of the Company or other related entities.
User is not authorized to use any such Marks
or any variations thereof. Ownership of all
such Marks and the goodwill associated therewith
remains with the Company or other related
entities.
Communications. Any communications, including,
without limitation, emails, pictures, audio
clips, videos, graphics and/or other material
sent directly, or by carbon copy or otherwise
to the Company or any of its officers, employees
or agents and any postings to the Website
shall become the Company's property upon the
transmission of the same. User grants the
perpetual and irrevocable right to both publicly
or non-publicly utilize the same, including
the identifying information contained therein,
in any manner whatsoever, at no charge.
Notices. All notices or other communications
to the Company, if any, that are to be given
under these Terms and Conditions must be in
writing, which shall be given by delivery
to the address set forth below by way of either
personal delivery, certified mail, return
receipt requested, two-day mail or overnight
mail by a commercial carrier. Notices to the
Company shall be deemed given only upon receipt.
Notices to the Company may also be given by
electronic mail, provided that it is followed
by an exact copy by either regular mail, personal
delivery, certified mail, return receipt requested
or two-day mail or overnight mail by a commercial
carrier to the same addresses set forth above.
Such notice shall be deemed effective twenty
four (24) hours after the message was sent,
if no "system error" message or
other notice of non-delivery is generated.
Notices to the Company shall be addressed
as set forth below unless it changes the address
in writing by updating these Terms and Conditions.
The address for giving notice to the Company
is as follows:
Attn: Gary D. Nissenbaum, Esq.
Nissenbaum Law Group, LLC
2400 Morris Avenue, 3rd Floor
Union, New Jersey 07083
gdn@gdnlaw
Notices to User shall be provided by the
Company via email or any other address which
the Company reasonably believes to be associated
with the User, if known. Notice shall be deemed
effective upon delivery of the same by the
Company.
Indemnification. The User agrees to indemnify,
hold harmless and defend the Company, its
affiliates, and any members, directors, officers,
employees or agents (collectively, "Company
Parties") of any of the foregoing with
respect to any claim, demand, cause of action,
debt, liability, damages, costs or expenses,
including reasonable attorneys' fees and expenses
of Company's selected attorneys, arising from
any third-party claim relating to (i) User's
infringement of any intellectual property
of any person or entity, including without
limitation, patents, trade secrets, copyrights,
trademarks, service marks, trade names or
similar proprietary rights; (ii) any failure
by the User to comply with these Terms and
Conditions, specifically including the "User
Conduct" as set forth above; (iii) the
User's Use of the Website; and/or (iv) any
act or omission or willful misconduct on the
part of the User that results in a claim for
breach of any representations, warranties
or covenants made herein against any of the
Company Parties.
Attorneys' Fees. If Company or any of the
Company Parties undertake any action to enforce
these Terms and Conditions, such party will
be entitled to recover from the User, and
User hereby agrees to pay, any and all attorneys'
fees and any cost of litigation, in addition
to any other relief at law or in equity to
which such party may be entitled. In such
event, the Company shall be entitled to recover
all costs including both actual pre-judgment
and post-judgment attorneys' fees and costs,
involved directly or indirectly in its enforcement
efforts, whether or not it does so through
institution of formal legal proceedings.
Privacy. Please refer to the Company's Privacy
Policy. The User is bound to the terms contained
therein.
Cookies. The Company specifically acknowledges
and hereby notifies User that it may utilize
"cookies" in connection with the
operation of the Website. The User agrees
that such cookies may be placed on his computer,
in connection with his access to, and use
of, the Website. Nevertheless, the User should
note that he can likely make adjustments to
his web browser which may enable it to control
the use of cookies. Such action, however,
could affect the User's Use of the Website.
DISCLAIMER. User explicitly agrees that Use
of the Website or any of the Materials contained
herein is at his own and sole risk. The Website
and all Materials contained therein are provided
"as is" without warranty of any
kind, either express or implied, including
but not limited to, any implied warranties
of merchantability, fitness for a particular
purpose, title or non-infringement. Neither
the Website nor the Company makes any representations
or warranties that the Website or any Materials
contained therein will be uninterrupted, timely,
secure or error free; nor does the Website
make any representations or warranties as
to the quality, fitness, truth, accuracy,
currency, reliability or wholeness of the
Website or any of the Materials contained
herein. The User also understands and agrees
that any material and/or data downloaded or
otherwise obtained through the Use of the
Website or any of the Materials contained
herein is done at his own discretion and risk
and that the User will be solely responsible
for any damage to his computer system or loss
of data that results from the download of
such material and/or data. The User understands
that the Company cannot and does not guarantee
or warrant that files available for downloading
from the Internet will be free of viruses,
worms, Trojan horses or other code that may
manifest contaminating or destructive properties.
The Company makes no warranty regarding any
use of confidential or private information
that User may provide. The Company may change
any of the Terms and Conditions and/or information
found on the Website at any time without notice.
The Company makes no commitment to update
the information found on the Website. The
Company makes no commitment to update the
Materials. The warranties and representations
set forth in these Terms and Conditions are
the only warranties and representations with
respect to these Terms and Conditions, and
are in lieu of any and all other warranties,
written or oral, express or implied, that
may arise either by agreement between the
parties or by operation of law, including
warranties of merchantability and fitness
for a particular purpose. None of these warranties
and representations will extend to any third
person. Some jurisdictions do not allow the
elimination of certain warranties, so some
of the above exclusions may not apply to the
User.
Further, Company is not responsible for the
conduct of other Users, whether online or
offline. Under no circumstances shall the
Company be responsible for any loss or damage,
including, without limitation personal injury
or death, resulting from the use of the Website
or the conduct of any other Users, whether
online or offline. The Use of the Website
is "AS-IS" and the Company, as set
forth above, expressly disclaims any and all
warranties.
Limitation of Liability. COMPANY ASSUMES
NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF ITS ACCESS TO, USE OF OR BROWSING
IN THE WEBSITE OR HIS DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE
SITE. EXCEPT WHERE SPECIFICALLY REQUIRED BY
LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN
ANY WAY CONNECTED WITH (I) ANY USE OF THIS
SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE,
DELAY OR INABILITY TO USE ANY COMPONENT OF
THIS SITE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE
BY COMPANY, INCLUDING, BUT NOT LIMITED TO,
NON-PERFORMANCE RESULTING FROM BANKRUPTCY,
REORGANIZATION, INSOLVENCY, DISSOLUTION OR
LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES
OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Company
should be found liable for any loss or damage
which arises out of or is in any way connected
with any of the above described functions
or uses of the Website, or any Materials,
Company's liability shall in no event exceed,
in the aggregate, US$100.00. In its sole discretion,
in addition to any other rights or remedies
available to Company and without any liability
whatsoever, Company at any time and without
notice may terminate or restrict Users' access
to any component of the Website. Some states
do not allow limitation of liability, so the
foregoing limitation may not apply to the
User.
User acknowledges and agrees that the representations
and obligations of the User hereunder shall
survive and continue in perpetuity.
Release. BY UTILIZING THE WEBSITE, USER HEREBY
RELEASES, REMISES AND FOREVER DISCHARGES AND
GIVES UP ANY AND ALL CLAIMS AND RIGHTS WHICH
IT MAY HAVE AGAINST THE COMPANY AND ITS AFFILLIATES,
PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS
AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS,
DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER
RELATED PERSONS OR ENTITIES BASED ON ANY ACT,
EVENT OR OMISSION, AND FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES
OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS,
LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY
NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER ARISE FROM, RELATE
TO OR ARE CONNECTED WITH THE USE OF THE WEBSITE
AND SERVICES RELATED THERETO. USER FURTHER
WAIVES, RELEASES AND GIVES UP ANY AND ALL
CLAIMS AND DEFENSES ARISING FROM OR RELATING
TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES,
WITHOUT LIMITATION, ANY CLAIM WHICH COULD
BE ASSERTED NOW OR IN THE FUTURE UNDER (I)
THE COMMON LAW; (II) ANY OF THE PARTIES POLICIES,
PRACTICES OR PROCEDURES; AND/OR (III) ANY
FEDERAL AND/OR STATE STATUTES OR REGULATIONS.
Successors and Assigns. Whenever the term
"the Company" is used in connection
with these Terms and Conditions, and in accordance
with the other modes and methods set forth
in the other webpages of the Website regarding
its use in regard to a right, protection or
benefit, it shall be construed to encompass
the Company, its related entities, successors,
assigns, directors, officers, employees and
agents. Further, the term "User"
used in connection with these Terms and Conditions
shall include his/her/its heirs, related entities,
successors, assigns, directors, officers,
employees and agents.
Authorized Permission for Use. The User shall
be considered an entity if the individual
accessing the Website is doing so on behalf
of an entity or is utilizing that entity's
computer system in connection with a task
(either paid or unpaid) for that entity. If
the User is an entity, the person using the
Website on its behalf hereby makes the material
representation upon which he wishes the Company
to rely that he is authorized to bind that
entity to the Terms and Conditions set forth
above, as well as any other obligations imposed
or undertaken through Use of the Website.
The Company reserves the right to terminate
the User's access to, and use of, whether
as an individual or entity, the Website and
any of its contents, including, without limitation,
the Materials, or use of any of the Company's
services at its sole discretion and without
any advance notice to the User.
Dispute Resolution. A party to these Terms
and Conditions may not institute a suit at
law or equity regarding any dispute, whether
directly or indirectly related or collateral
to these Terms and Conditions. All such claims
or disputes, whether between or among the
parties, shall be submitted to arbitration
administered by a mutually acceptable arbitrator
affiliated with the American Arbitration Association
and its rules and guidelines shall apply,
or its International Centre for Dispute Resolution,
if applicable. Without limitation, any dispute
over the arbitrability of a matter shall be
specifically reserved for the arbitrator to
exclusively hear, and shall not be submitted
to the court. Should the parties be unable
to agree upon an arbitrator, the arbitrator
shall be chosen by a determination of a court
of competent jurisdiction. The arbitration
proceedings shall be in English. The arbitrator
shall have the authority to award any remedy
or relief that a court of the State of New
Jersey could order or grant. Each party will
perform all acts, including the execution
and delivery of further documents, as the
arbitrator deems necessary or desirable to
confirm and carry out the terms of the award
rendered. Judgment upon the award rendered
by the arbitrator may be entered in any court
having competent jurisdiction thereof. The
award rendered by the arbitrator in any arbitration
is final and binding on the parties. The arbitration
award may be appealed to a court of competent
jurisdiction solely on the basis that the
award was arbitrary or capricious.
However, notwithstanding the foregoing, either
prior to, during or after the arbitration
process, any Party to these Terms and Conditions
may institute a suit in equity for a temporary
injunction (a) to preserve the status quo;
(b) to enjoin a breach or threatened breach
of this Release; (c) to obtain specific performance;
(d) to compel the arbitration or further its
purposes and/or to enforce a settlement or
award of such arbitration; and/or (e) for
any other equitable relief.
Jurisdiction. The User utilizing the Website
agrees that the laws of the State of New Jersey
shall govern these terms and conditions and
any dispute, controversy or claim directly
or indirectly related to such Use. Further,
the User consents to the jurisdiction of the
Supreme Court of the State of New Jersey or,
if federal jurisdiction exists, at the option
of either party, to the jurisdiction of the
United States District Court for the District
of New Jersey, Newark Vicinage, to seek injunctive
relief, compel an arbitration and/or enforce
an arbitrator's award. Any arbitration shall
be conducted in Union County, New Jersey.
Service of the written notice to initiate
the aforementioned arbitration shall be deemed
complete when sent either as required by Court
procedure or by (i) electronic mail to any
of the User's current or future electronic
mail addresses; (ii) ordinary mail or ordinary
or two-day mail by a commercial carrier, in
the event a regular mailing address has been
provided by the party upon which service is
being effected or is otherwise determined
by the serving party; or (iii) otherwise in
accordance with the laws and procedures of
the State of New Jersey. The User agrees that
regardless of any statute or law to the contrary,
any claim or cause of action by User arising
out of or related to use of the Website or
services related thereto must be filed within
one (1) year after such claim or cause of
action arose or be forever barred and therefore
the statute of limitations is limited to one
(1) year.
Further Assurances. The User covenants and
agrees to perform further all acts and execute
all supplementary instruments or documents
which may be requested by the Company to carry
out the provisions and effectuate the intent
of these Terms and Conditions.
Assignment. Company may freely assign its
rights and obligations in and to these Terms
and Conditions. The User acknowledges that
it may not assign, transfer or sell its rights
under these Terms and Conditions without Company's
express written consent, which may be unreasonably
withheld. Any purported assignment without
Company's consent shall be deemed null and
void.
Severability. If any portion of these Terms
and Conditions is ruled invalid or otherwise
unenforceable, it shall be deemed amended
in order to achieve as closely as possible
the same effect as originally drafted. Any
invalid or unenforceable portion shall be
construed as narrowly as possible in order
to give effect to as much of the Terms and
Conditions as possible.
Links to Other Sites. The User acknowledges
and agrees that the Company has no responsibility
for the accuracy or availability of information
provided by websites to which a User may link
from the Website ("Linked Sites").
Links to Linked Sites are provided as a convenience
to the User, and do not constitute an endorsement
by or association with the Company of such
sites or the content, products, advertising
or other materials presented on such sites.
The Company does not author, edit or monitor
these Linked Sites. User acknowledges and
agrees that the Company is not responsible
or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused
by or in connection with use of or reliance
on any such content, goods or services available
on such Linked Sites. If User accesses a Linked
Site, he does so at his own risk.
No Third Party Beneficiaries. These Terms
and Conditions are not intended to be for
the benefit of, and shall not be enforceable
by any unaffiliated third party, except as
may be specifically provided herein. Nothing
herein, express or implied, is intended to
or shall confer on any third party any rights
(including third-party beneficiary rights),
remedies, obligations or liabilities under
or by reason of these Terms and Conditions
or otherwise set forth in the Website, except
as may be specifically provided herein. These
Terms and Conditions shall not provide third
parties with any remedy, claim, liability,
reimbursement, cause of action or other right
in excess of those existing without reference
to the terms herein. No third party shall
have any right, independent of any right that
exists irrespective of these Terms and Conditions,
to bring any suit at law or equity for any
matter governed by or subject to the provisions
herein.
Prohibited by Law. In the event that any
aspect of the Website or these Terms and Conditions
is prohibited by law in User's jurisdiction,
User agrees not to Use the Website. It is
solely User's responsibility to determine
whether it is allowed by law to participate
in the Website. Without limitation, the User
releases Company from all liability that could
arise from User's prohibited participation
in the Website or acceptance of these Terms
and Conditions. Moreover, and without limiting
the indemnification otherwise provided herein,
User shall indemnify, defend and hold Company
and all Company Parties harmless for any and
all damages relating to a violation of this
paragraph.
International Use. In light of the international
scope of the Internet, User agrees to comply
with all local laws, rules and regulations,
including but not limited to those applicable
to online conduct and acceptable Internet
content. Without limitation, User acknowledges
and agrees that it shall comply with all applicable
laws and regulations regarding the transmission
of technical data from the United States or
the country in which the User may reside.
Miscellaneous. The Company's failure to enforce
any term, provision or condition of these
Terms and Conditions, including the breach
or default thereof, by conduct, course of
dealing or otherwise, in one or more instances
shall not be deemed a waiver. To the extent
that a provision of these Terms and Conditions
is deemed unenforceable, the balance of it
shall remain in full force and effect. The
Parties may not change, modify nor amend this
Agreement unless such change, modification
or amendment is made in writing and signed
by both Parties. The User acknowledges that
he has not accepted these Terms and Conditions
on reliance of any representations or other
promises of the Company, which is not specifically
included herein. The User specifically stipulates
that these Terms and Conditions do not constitute
a contract of adhesion. The gender terms in
these Terms and Conditions shall apply equally
to either gender. The headings in these Terms
and Conditions shall have no force and effect.
User acknowledges and agrees that these Terms
and Conditions and the privacy policy on the
Website constitute the entire agreement of
the Parties hereto relating to the subject
matter hereof, and any prior agreements, understandings,
representatives and commitments concerning
such subject matter, whether oral or written,
are hereby superseded and terminated in their
entirety and are of no further force or effect.
User acknowledges and agrees that it has not
agreed to these Terms and Conditions in reliance
upon any representation or promise other than
those specified herein.
By his Use of the Website, the User represents
that he has had the opportunity to review
these Terms and Conditions with counsel of
the User's choosing, if the User wished to
do so. The User further acknowledges that
he has thoroughly read these Terms and Conditions;
understands that he is giving up certain legal
rights that may otherwise exist; has asked
any questions he desires to clarify its meaning;
and believes it is in his interest to nevertheless
proceed with to utilize the Website.
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