YOU ARE HEREBY ADVISED TO READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR SERVICES OF XXX.
XXX provides the following services: ___________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________ (“Services”).
The Website and all contents and information available therein are copyrighted in the name of XXX and the same may not be copied, reproduced, republished, broadcasted, circulated, downloaded, uploaded, posted, transmitted, distributed, or used without our prior written consent of XXX. The copyright secured hereunder extends to text and graphics, arrangement and presentation of all materials, and the overall design of the Website.
XXX authorizes you to view and download the materials, contents available on the Website only for your personal, non-commercial use, provided that you retain and not modify the content contained on this Website and keep intact all copyright, trademark and other proprietary notices.
You are not authorized to do any act which may amount to breach of these Terms or abuse or misuse of any Services or make any negative comments which might defame, denigrate or disparage XXX or the Website. You may not upload, publish, exchange, transfer, submit, any information on the Website which is false, misleading, or promotes illegal activities or any conduct which is abusive, threatening, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual that infringes or violates any third party’s intellectual property rights or the Terms or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the software or hardware of any computer or telecommunications equipment.
THIRD PARTY LINKS
The Website may contain certain links to other third party Websites. Such third party links include from advertisers, site sponsors and partners. We provide such links for informational purposes and convenience only. These links to the third party websites may take you outside of the Website. We do not control and are not responsible for such third party links. These Terms only applies to this Website and does not apply to such third party websites.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AT YOUR SOLE RISK. ALL MATERIALS, CONTENTS AND SERVICES ARE PROVIDED ON AN "AS IS," BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. XXX HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WAIVER AND RELEASE
YOU HEREBY EXPRESSLY AGREE THAT NEITHER XXX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST XXX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF XXX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL XXX BE LIABLE TO YOU OR ANY PARTY CLAIMING ON BEHALF OF YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEB SITE, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES. IN NO EVENT WILL XXX’S LIABILITY IN CONNECTION WITH YOUR USE OF WEBSITE, ITS CONTENT, OR ANY SERVICE EXCEED $_____________________.
You agree to defend, indemnify and hold XXX and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action brought against Website and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders relating to your breach of any of these terms & conditions; negligence or misconduct on your part, or claims that you have infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and XXX and govern your use of the Website, superseding any prior agreements that you may have with XXX.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of ___________________. Any causes of action between the parties shall be heard exclusively in a court of competent jurisdiction in ______________, each party hereby submits to the jurisdiction of such courts and expressly waiving the right to bring suit in all other courts.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.