All content contained on the Company’s Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by United States and international copyright laws, treaties and conventions.
We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Content in conjunction with your use of the Company’s Websites. No other uses of the Content are authorized or permissible without Our express written consent.
You represent, warrant and agree that: you own or otherwise control all of the rights to all data and information that you post or send to us; that all such information is accurate; use of such information does not violate the terms of this Policy or the rights of any third party and will not cause injury to anyone; and, you will indemnify Us and Our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else.
The content is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions or features contained in any Website or the Content will be free of viruses or other harmful components. We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website.
A Website may offer users the ability to utilize the services of third party providers, such as credit card processing services that are necessary to complete payments through the Website. All issues involving transactions between a third party service provider and you must be handled with the applicable provider. The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third party providers. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third party sites and services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY’S WEBSITES OR $100.00.
The interpretation and enforcement of this Policy shall be governed under the laws of the State of New York. The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be Westchester County, New York.
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