THE FOLLOWING TERMS AND CONDITIONS OF USE ARE APPLICABLE TO ALL USERS OF THIS WEBSITE.
PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE; THE RELATED PRIVACY POLICY; ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WAGMAN HURWITZ (WH) and/or its designees and affiliates. The collective work includes works that are licensed to WH © 2010. ALL RIGHTS RESERVED. Any use, including but not limited to the reproduction, distribution, display, creating derivatives from, or transmission of the content of this or any affiliated WH site is strictly prohibited, unless specifically authorized by WH. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of WH and related entities, affiliates or subsidiaries used in and/or displayed on the site are registered or wholly owned by WH as trademarks or otherwise and subject to United States, international, state, local and other applicable trademark laws, treaties and regulations.
Warranty Disclaimer
This site and the materials and products or services provided on this site are provided “as is” and without warranties or representations of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, WH and its affiliates, licensors, sub-licensees, suppliers, advertisers, sponsors, representatives, employees and independent contractors and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement and any other warranties that arise in the course of dealing, course of performance or usage of trade. WH and its affiliates, licensors, sub-licensees, suppliers, advertisers, sponsors, representatives and agents disclaim any and all warranties for any information, advice or materials obtained or perceived through WH website(s). No opinion, advice or statement of WH or its affiliates, licensors, sub-licensees, suppliers, advertisers, sponsors, representatives, agents, members, users or visitors, whether made on WH website(s) or otherwise, shall create or give rise to any warranty or privilege. WH does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
WH shall not be liable for any damages whatsoever, e.g., incidental, special, consequential or otherwise, that result from the use of, or the inability to use, the site and materials on this site or the performance of the products, even if WH has been advised of the possibility of such damages. WH does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. You understand and agree that you use, download, upload or otherwise obtain or perceive material, information or data through the use of the site at your own discretion and risk and that you will be solely responsible for any damages to your business, person, computer system or loss of data that results from the download or upload of such material, information or data.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, or implied warranties, so the above limitations and exclusions may not apply to you. Provided, however, that to the extent permitted by applicable law you hereby waive the provisions of any state law limiting or prohibiting such exclusions or limitations.
Without limiting the foregoing, under no circumstances shall WH be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, epidemic, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or any other force majeure event.
WH makes no representation that products or services available on or through WH website(s) or any WH service or part thereof are appropriate for use in other locations other than the United States. Users who choose to access WH website(s) or any WH service or any part thereof from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Without in any way limiting any other provisions of this agreement, WH makes no representations whatsoever about any other website that you may access through WH website(s). When you access another website, you understand that it is entirely independent from WH website(s), and that WH has no control over the content of such website nor of its policies. In addition, a hyperlink to another website does not mean that WH endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this agreement. WH strongly encourages you to become familiar with the terms of use and practices of any linked non-WH website(s). Further, it is up to you to take precautions to ensure that whatever links you select or software you download, from any other site whatever, is free of any corruptible or destructive or illegal material, such as but not limited to viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing any kind of registration process. WH may amend or terminate these terms and conditions, or any part of them without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer of Warranty, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Use of this site shall be governed in all respects by the laws of the commonwealth of Pennsylvania, U.S.A., without regard to extrinsic choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WH products or use of services and any products or services offered for sale or otherwise on this site) shall be in the state or federal courts located in Philadelphia County, commonwealth of Pennsylvania, United State of America. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. WH’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WH may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via message board, e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any WH affiliate or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
WH does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content such as comments on the site, WH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, WH reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to WH in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless WH, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. WH is not liable for any failed or delayed downloads from this site.
Third-Party Links
In an attempt to provide increased value to our visitors, WH may link to sites operated by third parties. However, even if the third party is affiliated with WH, WH has no control over these linked sites, all of which have separate privacy and data collection practices, independent of those of this site. These linked sites are only for your convenience and therefore you access them at your own risk.