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climbbybike terms and conditions

Thank you for visiting the Climbbybike.com website ("Website") and welcome to Terms and Conditions of Use Agreement ("Agreement").

Data are sole ownership of climbbybike.com and its data suppliers. Climbbybike has included dummies (non existing control data) to its data to prevent data theft and easily retrieve unsollicited and unapproved copying or usage of its data.

Your access to, browsing, and use of this Website and the services or goods provided through or in connection with this Website (collectively, the "Services") are subject to the following terms and conditions and any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy, pornography, defamation, and export controls. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. Therefore climbbybike.com kindly ask you to read these terms and conditions carefully. If you do not agree to and do not want to be bound by these terms and conditions, you should not use this Website, or the Services nor submit information on it.

1. Content and Accuracy of Information. While climbbybike.com take reasonable steps to ensure that the information, images, text or links (the "Information") contained in this Website are accurate and complete, climbbybike.com make no representations or warranties as to the completeness or accuracy of the Information. climbbybike.com hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this Website generally.

2. Copyright Notice. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this Website is copyrighted and may not be used or copied by you except as explicitly provided in this Website, or by applicable law or otherwise, without the express prior written consent of climbbybike.com or the copyright owner. This prohibition means you may not transmit, mirror, modify or redistribute any images or text from this Website without the express prior written permission of climbbybike.com or the copyright owner. You may download and print images and text from this Website only for your private, noncommercial use. Any other use requires the prior consent of climbbybike.com or the copyright owner.

3. Intellectual Property. Any trademarks, trade names, logos, and/or service marks displayed on this Website are the property of their respective owners and must not be used in any manner without the express prior written consent of the owner.

4. Images. Any images contained in or displayed by climbbybike.com on this Website, other than as submitted by you, are the property of climbbybike.com or of the copyright holder. Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of climbbybike.com or the copyright holder is prohibited.

5. Transmission of Personal Data. By providing climbbybike.com or their service providers with any personal or proprietary information through this Website, you consent to the transmission of such personal or proprietary information according to climbbybike.com' standard business practices and current privacy policy. For further information about climbbybike.com' privacy policy, see Privacy Policy. In addition, if you submit an image to this Website you hereby agree and consent to the terms and conditions of the Customer Image Release Agreement.

6. License. Images submitted by you on this website remain property of the submitter/owner. You hereby grant to climbbybike.com and their service providers a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use the materials and texts (in whole or in part) you submit to climbbybike.com or their service providers through this Website solely in connection with the performance of the Services, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of climbbybike.com or their service providers.

7. Warranties. You represent and warrant to climbbybike.com and their service providers, including but not limited to Climbbybike.com, that (i) their use of the materials you submit does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any laws, and (ii) you have all the rights necessary to grant all rights and licenses set forth above.

8. Pornographic and Obscene Materials. You are hereby advised that any images submitted by you are subject to review and examination by climbbybike.com or their service providers. Any and all images are, of course, subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any perceived violations of law will be reported by climbbybike.com or their service providers to applicable law enforcement authorities. climbbybike.com reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by climbbybike.com.

9. Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders. All fees and charges will be at the rates in effect at the time the charges where incurred. Charges incurred under this Agreement may include charges related to use of the Services, as well as charges related to goods and services provided by third parties but acquired through the Services or Other Sites. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Services. All amounts appearing on this Website are quoted in U.S. dollars. climbbybike.com endeavors to provide current and accurate information on this Website. Nevertheless, misprints or other errors may occur. climbbybike.com reserve the right to change the prices, fees and charges associated with the Services, including any goods and services available through the Services, at any time and from time to time, without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, climbbybike.com cannot guarantee that goods or services advertised on this Website will be available when ordered or thereafter. climbbybike.com also reserves the right at any time to reject, correct, cancel or terminate any order. If any payment due is not made by you, climbbybike.com may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Services, or (b) terminate this Agreement and your access to and use of the Services. If legal action is necessary to collect fees or charges due from you, then you will reimburse climbbybike.com for all expenses incurred in collecting the fees and charges, including all lawyers' fees and other legal expenses.

10.Disclaimers. YOUR ACCESSING OR USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS WEBSITE "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY AND THE EXPRESS WARRANTY OF QUIET ENJOYMENT.

YOUR USE OF THE SERVICES, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICES AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE.

THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND climbbybike.com's CONTROL. THE OPERATION OF THE SERVICES MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

climbbybike.com AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO Climbbybike.com, ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THIS WEBSITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICES YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, climbbybike.com AND THEIR SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
THE SERVICES OR WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
THE USE OF THE SERVICES, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; OR
THE USE OF THE SERVICES, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICES, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;

AND climbbybike.com AND THEIR SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Limitations to Liability. climbbybike.com AND THEIR SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY LIABILITY, AND IN NO EVENT SHALL climbbybike.com OR THEIR SERVICE PROVIDERS, THEIR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES (EVEN IF climbbybike.com OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

12. Release. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE climbbybike.com AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO climbbybike.com, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICES.

13. Indemnity. You agree to indemnify, defend, and hold climbbybike.com and their service providers, including but not limited to Climbbybike.com.com, and each of their respective agents, directors, officers, employees and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or in connection with, use of the Services or this Website by you. You agree to assist and cooperate as fully as required by the Indemnified Parties in the defense of any such claim or demand.

14. Prohibited Linking. climbbybike.com prohibit caching unauthorized hypertext links to this Website and the framing of any content available through this Website. climbbybike.com reserve the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to this Website.

15. Other Websites. The Services or this Website may include advertisements for, and links to, other sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from this Website, and climbbybike.com has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. climbbybike.com does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against climbbybike.com arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

16. Jurisdiction/Governing Law. As a user of this Website, you agree to submit to the local law without regard to conflicts of laws principles.

17. Severability. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions shall be enforced.

18. Updates and Revisions. The Information is provided by climbbybike.com as a convenience and is subject to change without notice. climbbybike.com may, at any time and from time to time, revise these Terms and Conditions and the content of this Website generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Updates and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current terms and conditions and review this Website generally to familiarize yourself with any Updates and Revisions.

Additional terms and conditions specifically, but not solely, applicable for the community parts of the climbbybike websites, derived sites and services:

End User Terms of Use and Privacy Policy

Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below ("Terms of Use"), as well as the privacy policy set forth below ("Privacy Policy"), apply to your use of the portions of this website on which links to either or both of the Terms of Use or the Privacy Policy appear (the "Site"). Other portions of this site may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the Site.

By accessing and using the Site, or by clicking "I Accept" when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

Introduction

This Site is provided as an interactive and informational resource. It is provided to you by the owner of this site ("us" or "we" or "our"), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, KickApps Corporation, and their content providers, business partners, and other parties (collectively, "Service Provider").

Use of the Site

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider's reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Site contains links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.

The Site is for personal use only and may not be used in connection with any commercial

endeavors except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider's sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use, and (iiii) any use of the site that is deemed for purposes that are not in line with the goal of this site deemed at climbbybike.com's own discretion, e.g. the collection of data, and (iiiii) usage of the site that degrades the reliability, speed, or operation of the Site deemed at climbbybike.com's own discretion .

Climbbybike retains the right to block your access to the site should you not apply with any of the above conditions.

By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

Membership in the Site is subject, in our or our Service Provider's sole discretion, to termination at any time.

User Content

The Site may now or in the future permit the submission of Content at the direction of users of the Site ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider's posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We and our Service Provider may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Matt Turner, c/o Kickapps Corporation, 29 W. 38th Street, 5th Floor, New York, NY, 10018 / Fax: (212) 730-4561 / Email: matt@kickapps.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on this site.

Indemnity

You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.


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