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Terms & Conditions of Use
This page states the Terms and Conditions under which you may use
this Web Site. Please read this page carefully. If you do not accept
the Terms and Conditions stated here, do not use the Web Site. The
Kaufman Organization (the "Company") may revise these Terms and
Conditions at any time by updating this posting. You should visit
this page periodically to review the Terms and Conditions, because
they are binding on you.
Section 1. The Company's Liability.
The Material may contain inaccuracies or typographical errors.
The Company makes no representation about the accuracy, reliability,
completeness, or timeliness of the Material or about results to
be obtained from using the Web Site and the Material. Use the Web
Site and the Material at your own risk. Changes are periodically
made to the Web Site and may be made at any time. THE COMPANY DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS
WEB SITE AND ITS SERVERS (OR THOSE OF ITS SUBCONTRACTORS) ARE FREE
OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE
WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE
COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
SECTION 2. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Section 3. User Submission.
Generally, any communication which you post to the Web Site is
considered to be non-confidential. If particular Web pages permit
the submission of communications which will be treated by The Company
as confidential, that fact will be stated in "Legal Notices" on
those pages. By posting communications to the Web Site, you automatically
grant The Company a royalty-free, perpetual, irrevocable nonexclusive
license to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other
works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers
of sublicensees.
As a User, you are responsible for your own communications and
are responsible for the consequences of their posting. You must
not do the following things: Post material that is copyrighted,
unless you are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade secrets,
unless you own them or have the permission of the owner; post material
that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that
is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another User or any other person or entity; post
a sexually-explicit image; post advertisements or solicitations
of business; post chain letters or pyramid schemes; or impersonate
another person. The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of any of communications
posted by other Users or endorse any opinions expressed by Users.
You acknowledge that any reliance on material posted by other users
will be at your own risk.
The Company does not screen communications in advance and is not
responsible for screening or monitoring material posted by Users.
If notified by a User of communications which allegedly do not conform
to this Agreement, the Company may investigate the allegation and
determine in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company has no
liability or responsibility to Users for performance or nonperformance
of such activities. The Company reserves the right to expel Users
and prevent their further access to the Web Site for violating this
Agreement or the law and the right to remove communications which
are abusive, illegal, or disruptive.
Section 4. Links to Other Sites.
The Web Site contains links to third party Web sites. These links
are provided solely as a convenience to you and not as an endorsement
by the Company of the contents on such third-party Web Sites. The
Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content
or accuracy of materials on such third party Web sites. If you decide
to access linked third-party Web sites, you do so at your own risk.
Section 5. Software Licenses.
All software that is made available for downloading from the Web
Site ("Software") is protected by copyright and may be protected
by other rights. The use of such software is governed by the terms
of the software license agreement o designated "Legal Notice" accompanying
such software license ("License Agreement"). The downloading and
use of such software is conditioned on your agreement to be bound
by the terms of the License Agreement.
Section 6. Limitation of Liability.
Unless otherwise expressly provided in a Software License Notice,
the aggregate liability for the Company to you for all claims arising
from the use of the Materials (including Software) is limited to
$100.
Section 7. Indemnity.
You agree to define, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against
any claims, actions, or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of
the Material (including Software) or your breach of the terms of
this Agreement. The Company shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
Section 8. Export Control.
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or
re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a country
where such export is prohibited or are a person or entity to which
such export is prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the import, export,
or re-export of the Product.
Section 9. Copy Write Information.
The Company authorizes you to view and download a single copy of
the material on this Website ("Web Site") solely for your personal,
noncommercial use. Special rules may apply to the use of certain
software and other items provided on the Web Site. Any such special
rules are listed as "Legal Notes" on this Web Site and are incorporated
into this Agreement by reference. The Contents of this Web Site,
such as text, graphics, images and other material ("Material"),
are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark,
and other laws. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make
of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of the
Material on any other Web site or in a networked computer environment
for any purpose is prohibited. If you violate any of these Terms,
your permission to use the Material automatically terminates and
you must immediately destroy any copies you have made of the Material.
Section 10. General.
This Web Site is based in New York, New York. The Company makes
no claims the Materials are appropriate or may be downloaded outside
the United States. Access to the Materials (including Software)
may not be legal by certain persons or in certain countries. If
you access the Web Site from outside of the United States, you do
so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of New York, without respect to its
conflict of laws principles. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular "Legal Notice"
or Software License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and the Company with
respect to the use of the Web Site. Any changes to this Agreement
must be made in writing, signed by an authorized representative
of the Company.
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