ABSOLUTE AND UNCONDITIONAL WAIVER AND INDEMNIFICATION TO US FOR ANY AND ALL LIABILITY FOR ANY USE BY YOU OF OUR WEBSITE OR VERBAL OR WRITTEN CONSULTATION SOLELY BASED ON YOUR USE
Each time you use or cause access to this web site or engage in a consultation by telephone or fax or mail or E-Mail, you agree to waive absolutely and unconditionally any and all liability and claims of any kind whatsoever against us, our office, the site owner and editor and all agents and representatives for damages or potential damages of any kind in any connection with our service, product, consultation, information, advice or representations. You further agree to fully indemnify us, our office and the site owner and editor for any damages or potential damages. This waiver and indemnification is soley based on and by virtue of your communication with us and your use of our service in any way, including telephone, fax, mail, and E-Mail.
EDITOR SERVICE AND FUNCTION OF THIS WEBSITE
This web site, services and information and any consultation by telephone, fax or E-Mail provided to you on and through this web site or by telephone or fax or mail or E-Mail are provided on an “AS IS” basis. You agree that we and the site editor exclusively reserve the right to modify or discontinue provision of this web site and its services, and to delete the data you provide, either temporarily or permanently; the site and may, at any time and without notice and any liability by us to you. We and the site editor shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
YOUR CONDUCT IN ANY COMMUNICATION WITH US
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that this web site may expose you to content that you may consider to be objectionable or offensive, though we never intend to do so intentionally. We and the site editor shall not be responsible to you in any way for the content that appears on this web site, nor for any error or omission.
By using this web site or any service provided including any consultation by telephone, fax or mail or E-mail, you explicitly agree that you shall provide information, data and facts which are truthful and honest and that you shall NOT:
(a) provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without our and the site editor’s prior written consent;
(e) provide any content that may give rise to civil or criminal liability of the site editor, or that may constitute or be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyright, trademark, patent, or trade secrets.
YOUR PUBLIC AND COMMERCIAL INFORMATION, DATA AND FACTS
By providing any PUBLIC OR COMMERCIAL information, data, facts or content to this web site or to us by telephone, fax or mail or E-Mail:
(a) you agree to grant us and the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known or developed subsequently;
(b) you warrant and represent to us that you have all legal, moral, and other rights that may be necessary to grant us any license of use necessary and required;
(c) you acknowledge and agree that we and the site editor shall have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any public or shared content you provide, at any time and for any reason, with or without notice.
THIRD PARTY SERVICES, INFORMATION AND REPRESENTATIONS
Goods and services of third parties may be advertised and/or made available on or through this web site or otherwise by us. Representations made regarding products and services provided by third parties are soley governed by the policies and representations made by these third parties. We and the site editor shall not in any way be liable for or responsible in any manner for any of your dealings or interaction with third parties, or for any third party services, information and representations.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND CONSULTATION AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; however, you agree and we state that all other terms and conditions remain valid and enforceable notwithstanding.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND THE SITE EDITOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE AND THE SITE EDITOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
RESERVATION OF RIGHTS
We and the site editor reserves all of our and the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we and the site editor may have for this web site, its content, and the goods and services that may be provided. The use of our and the site editor’s rights and property requires our and the site editor’s prior written consent. By making services available to you, we and the site editor are not providing you with any implied or express licenses or rights, and you will have no rights. to make any commercial uses of this web site or service without our and the site editor’s prior written consent.
APPLICABLE LAW TO ANY CLAIM ARISING FROM OUR SERVICE