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TERMS OF SERVICE AGREEMENT (TOSA)
DEFINITIONS. "Viewer"
includes any individual or entity that views, prints, distributes
or otherwise uses the contents of this web site whether in
electronic or printed form. "Web Site" shall include any information
contained upon Personal-Finance.ws or any website that mirrors
the content of Personal-Finance.ws
ACCEPTANCE OF TERMS. BY
ACCESSING AND USING THIS WEB SITE, YOU ACCEPT, AGREE TO AND
WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA
PUBLISHED ON THE WEB SITE. If you do not agree to be bound
by the Terms, you are not to view, print, distribute, or utilize
the web site. You hereby acknowledge that any reliance upon
any content, information or other material on this web site
shall be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL
COUNSEL BEFORE AGREEING TO THE TOSA.
NOT LEGAL ADVICE. The
materials on this website are intended to provide general
information and should not be relied upon for specific legal
advice. Legal counsel should be consulted regarding questions
and issues of protection or infringement of rights, so as
to avoid possible loss of rights or infringement of the rights
of others.
JURISDICTION. VIEWER UNDERSTANDS
AND AGREES THAT USE OF THIS WEB SITE IS NOT INTENDED TO AND
DOES NOT CREATE JURISDICTION IN ANY STATE OR COUNTRY OTHER
THAN NEW YORK OF THE UNITED STATES OF AMERICA. VIEWER UNDERSTANDS
AND AGREES NOT TO USE THIS SITE IF VIEWER DEEMS ELECTRONIC
COMMUNICATION AS CONSENT TO JURISDICTION IN ANY OTHER STATE.
VIEWER FURTHER UNDERSTANDS AND AGREES THAT THE INFORMATION
ON THIS SITE IS NOT DIRECTED TOWARDS ANY SPECIFIC
JURISDICTION OTHER THAN NEW YORK OF THE UNITED STATES
OF AMERICA. VIEWER UNDERSTANDS THAT THE INFORMATION ON THIS
WEB SITE WAS PUBLISHED AND IS HOSTED IN THE THE UNITED STATES
OF AMERICA. VIEWER ACKNOWLEDGES AND AGREES THAT ALL INFORMATION
CONTAINED ON THIS SITE IS DEEMED “PUBLISHED” WHEN FIRST POSTED
TO OUR WEB SERVER.
CONSENT TO JURISDICTION.
VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF
THE COURTS LOCATED WITHIN THE COUNTY
OF NEW YORK,
NEW YORK U.S.A., REGARDING ANY AND ALL DISPUTES RELATING
TO THIS AGREEMENT
OR ANY Personal-Finance.ws WEB SITE. USER AGREES THAT THIS
CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO
THE SUBMISSION OF SUCH JURISDICTION.
AGENT-CLIENT RELATIONSHIP.
VIEWER UNDERSTANDS AND AGREES THAT NO AGENT-CLIENT RELATIONSHIP
SHALL BE CREATED OR EXIST BETWEEN VIEWER AND ANY AGENT, EMPLOYEE,
OWNER OR OFFICER OF Personal-Finance.ws BY MERELY VIEWING
THIS WEB SITE. Viewer understands that all communications
through e-mail, telephone, or other means of communication
to any agent, employee, owner or officer of Personal-Finance.ws
may not be protected and therefore may be discoverable in
a Court
of law.
COMMUNICATIONS. Viewer
understands and agrees that Personal-Finance.ws is not obligated
to respond to, review or retain unsolicited written or electronic
communications received from any Viewer without providing
notice to Viewer. Viewer understands and agrees that Personal-Finance.ws
may, in its sole discretion, respond to or discard such communications
on a case by case basis.
“AS-IS” OF INFORMATION.
VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE
PROVIDED BY Personal-Finance.ws IS PROVIDED "AS-IS" AND THAT
Personal-Finance.ws ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR
PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE.
Information on this web site may contain inaccuracies or typographical
errors. Information may be changed or updated without notice.
Since laws sometimes change, the information on this web site
is not guaranteed to be accurate. THERE IS NO GUARANTEE THAT
THE INFORMATION ON THIS WEB SITE IS CURRENT OR COMPLETE.
EXTERNAL LINKS. Personal-Finance.ws
may not regularly review materials posted on linked sites
and does not necessarily endorse or sponsor the materials
appearing on linked sites. Personal-Finance.ws may provide
links to other World Wide Web sites or resources. Because
Personal-Finance.ws has no control over such sites and resources,
Viewer acknowledges and agrees that Personal-Finance.ws is
not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, services
or other materials on or available from such sites or resources.
Viewer further acknowledges
and agrees that Personal-Finance.ws shall not be 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 or through any such site or resource.
DISCLAIMER OF WARRANTIES. VIEWER EXPRESSLY UNDERSTANDS AND
AGREES THAT:
a. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Personal-Finance.ws EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Personal-Finance.ws MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE 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 DOWNLOADING OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Personal-Finance.ws SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. VIEWER EXPRESSLY
UNDERSTANDS AND AGREES THAT Personal-Finance.ws SHALL NOT BE
LIABLE 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 Personal-Finance.ws HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER
RELATING TO THE WEB SITE.
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.
INDEMNITY. You agree to
defend, indemnify and hold Personal-Finance.ws, and its subsidiaries,
affiliates, officers, employees, agents, co-branders or other
partners, harmless from any action, claim, proceeding, demand,
cost or expense, including reasonable attorneys' fees, from
a third party due to or arising out of your use of the web site,
your violation of the TOSA, or your violation of any rights
of another.
BINDING ARBITRATION. Any
controversy or claim arising out of or relating to the web site
or the TOSA, or the breach thereof, between Personal-Finance.ws
and Viewer shall be settled by binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration
Association in New York, New York. The judgment upon the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
TRADEMARK INFORMATION. Personal-Finance.ws,
and the Personal-Finance.ws design logo are trademarks of Personal-Finance.ws
(the "Personal-Finance.ws Marks"). Without Personal-Finance.ws's
prior permission, you agree not to display or use in any manner,
the Personal-Finance.ws Marks.
REPRODUCTION OF CONTENT.
Viewer understands that the content upon the Personal-Finance.ws
web site is protected by United States and International copyrights.
Viewer agrees not to reproduce, distribute, duplicate, retransmit,
copy, sell, resell or exploit for any commercial purposes, any
portion of the web site without the prior permission of Personal-Finance.ws.
Notwithstanding the foregoing, Personal-Finance.ws, grants the
right to download web site materials for personal non-commercial
use.
NO GRANT OF LICENSE. Nothing
on this web site or on any Personal-Finance.ws site, or your
use of the web site, shall be construed as conferring any license
or other rights under the intellectual property or other proprietary
rights of Personal-Finance.ws, its affiliates or any third party,
whether by estoppel, implication or otherwise.
COPYRIGHTS AND COPYRIGHT AGENTS.
Personal-Finance.ws respects the intellectual property of others,
and we ask all Viewers and contributing writers to do the same.
If you believe that your work has been copied in this web site
in a way that constitutes copyright infringement, please provide
Personal-Finance.ws with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GOVERNING LAW. The TOSA
and the relationship between Viewer and Personal-Finance.ws
shall be governed by the
laws of the State of New York without regard to its conflict
of law provisions.
SECTION TITLES OF TOSA.
The section titles in the TOSA are for convenience only and
have no legal or contractual effect.
ENTIRE AGREEMENT. The
TOSA constitutes the entire agreement between Viewer and Personal-Finance.ws
and governs the entire usage and viewing of the web site,
superceding any prior agreements between Viewer and Personal-Finance.ws.
No subsequent alteration, amendment, change or addition to
the TOSA shall be binding upon either party unless published
at the Personal-Finance.ws web site.
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