- 1. Acceptance of Terms
- We provide the use of this website and content herein (collectively hereinafter “Service”) to you, subject to Terms of Service (“TOS”) provided herein, which may be updated by us from time to time without notice. IF THE TOS ARE NOT ACCEPTED IN FULL, YOU MUST IMMEDIATE CEASE ALL USE OF THIS SERVICE.
In consideration of your use of the Service, you represent that you are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- 2. Proprietary Rights
- This website and content herein is © 2002 Rachel Hirschfeld. All rights reserved. You acknowledge and agree that the Service contains proprietary materials and/or confidential information that is protected by applicable intellectual property and other laws (hereinafter, “Content”). Except as expressly authorized, you agree not to copy, modify, rent, lease, loan, sell, distribute, create derivative works, decompile, disassemble, reverse engineer, or otherwise use the Content, in whole or in part. Further, without prior written permission, you agree not to display or use in any manner, any trademarks of ours. We may use any data provided by you, including email addresses.
- 3. Legal Disclaimer
- THE SERVICE AND/OR CONTENT HEREIN DO NOT CONSTITUTE LEGAL ADVICE, NOR DO THE SERVICE AND/OR CONTENT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. The Service and Content are provided for general information purposes only, and such information is in no way warranted as to its accuracy or otherwise (see DISCLAIMER OF WARRANTIES herein). The law constantly changes and varies by jurisdiction and interpretation, and you should consult with professional legal counsel in your jurisdiction regarding any specific legal matter or situation or the effectiveness of any Service or Content for your intended purposes. THIS SERVICE AND/OR CONTENT IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
- 4. Legal Rights and Remedies
a. DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- b. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- c. EXCLUSIONS AND LIMITATIONS
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- d. REMEDY:
- You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except where a purchase has been made, and in such case, the purchaser’s exclusive remedy shall be a refund of the price paid (less any amortization) or replacement of our products, at our option.
- e. THIRD PARTIES:
- You agree to indemnify and hold us and any subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or your violation of the TOS. You agree that there shall be no third party beneficiaries to the Service.
- 5. Privacy
- isclose this information, though may do so from time to time, such as under confidential agreements, due to court order, or otherwise. We may use this information to contact you, such as regarding your use of the Service, regarding offers related to the Service, or otherwise.
- 6. General Information
- a. Entire Agreement: This TOS constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services. You agree that this TOS constitutes a set form in writing, whether or not you choose to print this TOS, including the terms and conditions as described herein.
b. Choice of Law and Forum: This TOS, your relationship with us, any Service provided, any offering made, and any agreement entered into shall be solely governed by and construed in accordance with the laws of New York, New York, USA, without regard to its conflict of laws under any jurisdiction, and you agree to the foregoing. By electing to participate in any offering, you are entering into a contract, and by agreeing to same your electronic signature shall be the same as your handwritten signature in New York, New York, USA in accordance with the Electronic Signatures in Global and National Commerce Act of 2000. Any dispute or legal action arising out of the TOS, your relationship with us, any Service provided, any offering made, and any agreement entered into shall be litigated and enforced under the laws of New York, New York, USA, and you agree to foregoing, you agree to submit to the personal and exclusive jurisdiction of the courts of New York, New York, USA, and you agree that any dispute or legal action is subject to the exclusive jurisdiction of the courts of New York, New York, USA. You agree that your viewing and use of this Service occurs solely within New York, New York, USA, regardless of where your browser is physically located, and that all Content are located in, served from, and performed wholly within New York, New York, USA.
c. Official Language: This TOS is written in English, which you agree is the official language to be used for the agreement and any interpretation.
d. Waiver and Severability of Terms: The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
e. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Section Titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.