1. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Disclaimer. You acknowledge and agree that the site and its contents are provided on an "as is", "as available" basis and we do not make any, and hereby specifically disclaim any, representations, endorsements, guarantees, or warranties, express or implied, regarding the site or its contents, including, without limitation, any regarding or arising from: (i) merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property rights; (ii) course of dealing, course of usage, or course of performance; or (iii) timeliness, accuracy, reliability or content of the site and any information provided through the site under this agreement. Without limiting the generality of the foregoing, we disclaim any warranty regarding the profitability of transactions executed on the site or the results to be obtained from the use of the information on the site, and information on the site is not intended to provide legal, financial, accounting, tax or other advice, and should not be relied upon as professional advice.
3. Limitation of liability.
3.1 Excluded Damages. We are not liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages (collectively, the "damages"), arising out of your use or inability to use the site. By way of example and not of limitation, we are not liable for damages for: (i) loss of revenue, anticipated profits, business, savings, goodwill or data, (ii) any failure of performance, error, omission, denial of service attack, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information, equipment, or property. You specifically acknowledge and agree that we are not liable for the conduct of and information supplied by other site users or third parties (including, without limitation, defamatory, offensive or illegal conduct) and that the risk of injury from the foregoing rests entirely with you.
3.2 Enforceability. This provision entitled "limitation of liability" applies regardless of: (a) our negligence; (b) our gross negligence; (c) any failure of an essential purpose; and (d) whether such liability arises in negligence, contract, tort, or any other theory of legal liability. This provision entitled "limitation of liability" applies even if we have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law, and in no event shall our cumulative liability to you exceed one dollar ($1).
3.3 Third Parties. We are not responsible and not liable for any information, products, or services provided by other web sites that link to or from the site. We neither endorse nor are responsible for the accuracy of any third party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s), nor for any failure to enforce any of our rights under this agreement, at law or in equity, against any site user or any third party.
5. Your Right to Use the Site. We grant you a non-exclusive, personal, and revocable right to access the Site.
6. Lawful Purposes. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability or otherwise violate any law.
7. Revisions and Errors. The materials appearing on this web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the web site are accurate, complete, or current. We may make changes to the materials contained on the site at any time without notice. We do not, however, make any commitment to update the materials.
8. Links. We have not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user's own risk.
10. Governing Law. Any claim relating to the web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.