| FRIEBERG, NELSON & ASK L.L.P.
TERMS OF USE STATEMENT
TERMS AND CONDITIONS
Frieberg, Nelson & Ask L.L.P. Law Firm (the
"Company"), offers the Use (as defined below) of
www.fnalawfirm.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
customers and potential customers. 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. 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 GoogleŽ
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 for intent of malicious conduct;
(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 the 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:
"Frieberg, Nelson & Ask L.L.P. Law Firm" 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:
Frieberg, Nelson & Ask L.L.P.
206 E. 5th Street
P.O. Box 38
Canton, South Dakota 57013
Telephone: 605-987-2686
Fax: 605-987-5779
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 INCURRED EXPENSES OR
PROPERTY DAMAGE), 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.
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 AFFILIATES, 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, LIABILITIES, 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, SERVICES AND PRODUCTS 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 web pages 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 Center 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 South Dakota
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
South Dakota 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 South Dakota or, if federal jurisdiction exists, at the
option of either party, to the jurisdiction of the United States
District Court for South Dakota, to seek injunctive relief, compel an
arbitration and/or enforce an arbitrator's award. Any arbitration shall
be conducted in Lincoln County, South Dakota. 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 South Dakota.
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.
Revised October 2009
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