O Six Media, LLC
TERMS AND CONDITIONS
O Six Media, LLC (the “Company”), offers the Use (as defined below) of the websites located at www.osixmedia.com and www.worldbusinessbroadcast.com (“Website”), subject to the following terms and conditions (“Terms and Conditions”). The viewer or user (collectively, the “User”) should read these Terms and Conditions carefully before using the Website. By continuing to view and use the Website, the User agrees to these Terms and Conditions. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the Website, the User must not use it. The Company retains the right to change the content of the Website or these Terms and Conditions at any time. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User’s continued Use of the Website constitutes acceptance of those changes.
The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Company to the User to Use, as such term is defined below, the Website according to these Terms and Conditions. By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), the User accepts that offer and creates a binding contract between the two parties to adhere to the same. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon them. Further, by his Use of the Website, the User makes the material representation upon which he wishes the Company to rely that he will adhere to the Terms and Conditions in connection with the User’s Use of the Website. If the User is dissatisfied with any of the Terms and Conditions, the User’s sole and exclusive remedy is to discontinue using the Website. Finally, by his Use of the Website, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
General Disclaimer. Nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Company of any sort to be relied upon by the User in any manner whatsoever. The Company takes no responsibility for information sent to it intercepted by third-parties.
As further set forth herein, the Company takes no responsibility for the information contained on any website to which this one may be linked, as the same is completely independent of the Website
Third-Party Content. The Company takes no responsibility for the communications or information contained in any advertisement submitted by third-parties on the Website or any interview broadcast on the Website (collectively, “Third Party Content”). Furthermore, the Company does not endorse any opinions or views expressed in the Third Party Content. The Company may, but undertakes no duty to, review and delete any Third Party Content or other content submitted to the Company for any reason, in its sole discretion.
Inaccuracy Disclaimer. The parties acknowledge the possibility of errors within the contents of this Website, including, but not limited to, typographical errors, inaccuracies, or omissions that may relate to any third-party business entities, securities, financial products or investments. The Company reserves the right, but undertake no obligation, to correct any errors, inaccuracies or omissions and to change or update information, on the Website, including without limitation, Third Party Content, at any time and without prior notice to the User.
Prices. The Company reserves the right to charge for the utilization of the Website or any portion thereof without prior notice to the User. In the event that User does not wish to pay such a fee, his sole remedy will be to stop utilizing the Website.
Access to Website - Limited License. The Website contains data, images and written and artistic content, including, but not limited to, articles, columns, images, photographs, website text, software, pictures, graphics, videos, programming, financial tools, analysis, data, messages or any and all other information controlled by the Website (collectively, “Materials”). The Website and the content provided therein, including without limitation, the Materials and other text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company. Notwithstanding the foregoing, the Company grants the User a limited non-exclusive license to make personal, non-commercial use of the Website and not to download (other than page caching) or modify any portion of the Website without the Company’s prior written approval. Without limitation, the above-license shall not entitle any person or entity to use or download any portion of the Website for competitive uses. Except as expressly provided, all rights are reserved. The Company may terminate this license at any time by amendment of these Terms and Conditions. User acknowledges and agrees that Company shall not be liable to him or to any other person or entity for the termination of Use of this Website, or any claims related to the termination or suspension of Use or the Website or a termination in the availability of the Materials contained on the Website.
Moreover, and notwithstanding the foregoing, if User exercises his rights under the above-referenced license, it must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. User shall not, under any circumstances, alter, obscure or obliterate any of such notices. The use of such Materials or any portion of the Website on any other website or in any environment of networked computers is strictly prohibited without the Company’s advance written consent, which may be withheld in Company’s sole discretion.
User Conduct. By utilizing the Website, the User makes the material representation upon which the User wishes the Company to reasonably rely, that he will comply with the code of conduct set forth below:
(a) The User, when utilizing the Website, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating the Company’s Intellectual Property, as defined below, or that of another;
(b) The User will not utilize the Website in a manner that is harmful to the Company or any other person or entity;
(c) The User will not utilize any information that the User gained as a result of using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
(d) The User shall not utilize any of the Company’s trademarks as metatags on other websites;
(e) The User shall not use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner;
(f) The User will not restrict any other user from properly using the Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
(g) The User will not imply that any of his statements are endorsed by the Company, or that User is otherwise associated with the Company in any manner;
(h) The User will not use the Website if the User is not able to form legally binding contracts, is under the age of 18, or temporarily or indefinitely suspended from the Website;
(i) The User will not cover or obscure any advertisements located within the Website;
(j) The User will not revise, modify, reverse engineer or in any way alter any portion of the Website or its contents or underlying technology;
(k) The User will not “frame” or “mirror” any part of the Website;
(l) The User will not utilize any device to enable him to circumvent the structure of the Website and/or spam or flood the site;
(m) The User will not collect any information about other users of the Website without the Company’s express permission to do so;
(n) The User shall not impersonate any other person and/or falsely state or otherwise misrepresent that he has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud the Company, another User or any other party; and
(o) The User will not create a database utilizing any information found within the Website.
User Representations. The User hereby makes the material representations upon which he wishes Company to rely that: (a) he is at least 18 years of age; (b) he is authorized to provide information to the Website; and (c) he is bound to the Company’s applicable cancellation policies, if any. Verification as to the accuracy of the information provided may be required prior to Company’s acceptance of registration or offering of information on Website.
Further, User makes the further material representation, covenant and warranty that he wishes for Company to reasonably rely upon that if he is a securities broker, dealer, banker, investment advisor or other financial professional, he will not utilize any information contained in the Materials or otherwise on the Website for any purpose related to his business.
Abuse of the Website. If, in the Company’s sole discretion, it determines that a User is creating potential liabilities, or acting inconsistently with these Terms and Conditions, the Company may, without limitation, limit, suspend or terminate the User’s Use of the Website, prohibit access to the Website and take technical and legal steps to keep User off the Website. Company reserves the right to investigate and take appropriate legal action against any violation of these Terms and Conditions. Notwithstanding the foregoing, User acknowledges and agrees that Company can terminate User’s right to Use this Website or any portion thereof at will, without notice and without cause.
Copyrights; Restrictions On Use. The Materials on the Website are copyrighted by the Company, its affiliates or its licensors under United States and International copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by the Company, its affiliates or its licensors. The Materials should be treated and protected as a collective work or compilation under US Copyright and other laws. Moreover, all individual articles, columns and elements making up the Materials or otherwise contained in the Website are also copyrighted works. The Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of the Company and its applicable licensors. User must abide by all copyright notices, information or restrictions contained in or attached to any Material. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website or to use of the Website, including, without limitation, any of the Materials or access to the Website. Without limitation, User shall not offer any part of the Materials for sale or distribute it over any other medium of any kind, including, without limitation over-the-air television, radio broadcast, computer or Internet broadcast, or hyperlink framing on the Internet without the prior written consent of Company.
If applicable, by submitting suggestions, ideas, comments or questions, or displaying, posting or publishing any content on the Website, User is expressly granting the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable, limited license to modify, use, adapt, translate, create derivative works from, publicly perform, publicly display, republish, reproduce and distribute the content in any form, media or technology. Moreover, as otherwise set forth herein, User represents and warrants that it has all right and title in and to the content, and that no aspect of the User content, or the posting thereof, shall violate the rights of any third party. This shall include, without limitation, copyrights, contract rights, trademark rights, rights of privacy, rights of publicity or any other rights of any third party. Without limitation, Company takes no responsibility and assumes no liability for any User content.
The following companies have paid the Company for licensing and media services including but not limited to hosting of interviews and associated content on servers, license to link to interviews and associated content hosted on servers, dissemination and publication of interviews and associated content via internet and other media, transcription and publication services of interview and associated content and limited reproduction rights of interview transcripts: Bass Metals Ltd.(two thousand four hundred fifty dollars), Carpentaria Exploration Limited(six thousand three hundred dollars), ClearView Wealth Limited(two thousand four hundred fifty dollars), Cluff Resources Pacific(two thousand four hundred fifty dollars), Credit Corp Group Limited(two thousand four hundred fifty dollars), DKN Financial Group Limited(two thousand four hundred fifty dollars), DVB Bank(four thousand nine hundred dollars), Earth Heat Resources Limited(six thousand three hundred dollars), Fall River Resources(Three thousand six hundred dollars), Gale Force Petroleum Inc.(one thousand dollars), Gold Rush Resources(two thousand four hundred fifty dollars/six thousand three hundred dollars), Golden Goliath Resources Ltd.(Twelve thousand four hundred fifty dollars), HealthLinx Limited(two thousand four hundred fifty dollars/six thousand three hundred dollars), Hyperion Flagship Investments Limited(two thousand four hundred fifty dollars), Integrated Research Limited(two thousand four hundred fifty dollars), Lake Shore Gold Corp.(two thousand four hundred fifty dollars/seven thousand four hundred fifty dollars), Liberty Star Uranium & Metals Inc.(twelve thousand four hundred fifty dollars), Medivac Limited(two thousand four hundred fifty dollars/six thousand three hundred dollars), MegaWest Energy Corp(four thousand nine hundred fifty dollars), Monotaro Co. Ltd(two thousand four hundred fifty dollars), Mymetics Corporation(two thousand four hundred fifty dollars), North American Gem(two thousand four hundred fifty dollars), Norton Gold Fields(two thousand four hundred fifty dollars), Petro Vista Energy Corp(two thousand four hundred fifty dollars), Ram Resources Limited(six thousand three hundred dollars), Rare Element Resources Ltd.(two thousand four hundred fifty dollars), Richfield Ventures Corp(two thousand four hundred fifty dollars/two thousand four hundred fifty dollars), Seymour Whyte Limited(two thousand four hundred fifty dollars), Tera Probe Inc.(two thousand four hundred fifty dollars), Thorn Group Limited(two thousand four hundred fifty dollars), Transeuro Energy(twelve thousand four hundred fifty dollars).
Copyright Infringement. It is the policy of the Company to respond expeditiously to claims of copyright infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. The Company may elect to terminate access for Users who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
User covenants and agrees to provide the Company with any information that User has regarding potential copyright infringement of any of the Materials. The sole and exclusive protocol for notifying Company that its copyrighted work has been infringed upon is to provide written notice to Company in accordance with the Notices provision hereunder. That notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of where the alleged infringing work is located on the Website; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, or otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. Such information should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the addresses set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.”
Trademarks. “O Six Media” and variations thereof, as well as certain other of the names, logos and materials displayed in the Website constitute trademarks, tradenames, service marks or logos ("Marks") of the Company or other related entities. User is not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
Communications. Any communications, including, without limitation, emails, pictures, videos, graphics and/or other material sent directly, by carbon copy or otherwise to the Company or any of its officers, employees or agents and any postings to the Website shall become the Company’s property upon the transmission of the same. User grants the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
Notices. All notices or other communications to the Company, if any, that are to be given under these Terms and Conditions must be in writing and shall be deemed given only upon receipt.
Notices to User shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with the User. Notice shall be deemed effective in the same manner as described above for the Company.
Indemnification. The User agrees to indemnify, hold harmless and defend the Company, its affiliates, and any members, directors, officers, employees or agents (collectively, “Company Parties”) of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses, arising from any third-party claim relating to (a) User’s infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, trademarks, service marks, trade names or similar proprietary rights; (b) any failure by the User to comply with these Terms and Conditions, specifically including the “User Conduct” as set forth above; (c) the User’s Use of the Website; (d) User’s defamation, libel, slander or other tortuous act against a third party; (e) a breach of any guarantees, covenants and/or warranties provided by one User to another User; and/or (f) any act or omission or willful misconduct on the part of the User that results in a claim for breach of any representations, warranties or covenants made herein against any of the Company Parties.
Attorneys’ Fees. If Company or any of the Company Parties undertake any action to enforce these Terms and Conditions, such party will be entitled to recover from the User, and User hereby agrees to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which such party may be entitled. In such event, the Company shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
Protection of Children. No one under the age of eighteen (18) is permitted to Use the Website without the involvement of a parent or guardian. If the User is a parent and believes the Company may have inadvertently collected such information from User’s child, please notify the Company immediately by sending an email to firstname.lastname@example.org. Moreover, Users should be aware of the fact that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist the User in limiting access to material that it considers to be harmful to minors. For convenience sake only, the examples of some such protections are listed below. However, as otherwise set forth herein, the Company does not accept any liability for the products and services provided by any third parties. Nor does the following listing constitute, in any way, an endorsement of these products by the Company. Rather, it is being provided only as an example and for the User’s convenience.
· Net Nanny – available at http://www.netnanny.com
· SafeEyes – available at http://www.internetsafety.com/safe-eyes
DISCLAIMER. User explicitly agrees that Use of the Website or any of the Materials contained herein is at his own and sole risk. The Website and all Materials contained therein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither the Website nor the Company makes any representations or warranties that the Website or any Materials contained herein will be uninterrupted, timely, secure or error free; nor does the Website make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the Materials contained herein. The User also understands and agrees that any material and/or data downloaded or otherwise obtained through the Use of the Website or any of the Materials contained herein is done at his own discretion and risk and that the User will be solely responsible for any damage to his computer system or loss of data that results from the download of such material and/or data. The User understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Company makes no warranty regarding any use of confidential or private information that User may provide. The Company may change any of the Terms and Conditions and/or information found on the Website at any time without notice. The Company makes no commitment to update the information, including without limitation, any Third Party Content, found on the Website. The Company makes no commitment to update the Materials. The warranties and representations set forth in these Terms and Conditions are the only warranties and representations with respect to these Terms and Conditions, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties. In the event that User’s jurisdiction does not permit any portion of the above exclusions, those may not apply to the User. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
Further, User explicitly agrees that the Website and any Materials and/or any Third Party Content being provided, is being provided for informational and entertainment purposes only. It is not intended for trading or investing purposes. User acknowledges and agrees that the Materials may include information that is taken from stock exchanges and other sources from around the world, and accordingly, Company does not in anyway guarantee or warrant the sequence, accuracy, completeness or timeliness of the information contained on the Website, including, without limitation, those contained in the Materials. User further acknowledges that aspects of the Materials may be subject to terms and conditions of other agreements to which Company is a party. The User understands and hereby agrees that the Company is not recommending any security, financial product or instrument, nor does any mention of a particular security on the Website constitute a recommendation to buy, sell or hold that or any other security, financial product or investment. Further, none of the information contained in the Materials or otherwise on the Website shall be deemed to constitute a solicitation, endorsement, offer, opinion or recommendation by the Company as to any particular security or other product. The User also understands and acknowledges that the Company does not provide tax, legal or other investment advice. The Company does not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. Therefore, User hereby acknowledges and agrees that any investment decisions User makes will be based solely on User’s evaluation of his financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. Once again, the Company shall not be responsible or liable for the accuracy, usefulness or availability of any information, including, without limitation any Third Party Content, transmitted via the Website, and shall not be responsible or liable for any trading or investment decisions made based on such information. All such information is “AS IS,” “WITH ALL FAULTS,” and User utilizes the same at his own risk. By Using the Website, User agrees to forever waive, release and not hold Company liable for any claim for damages arising out of any decision that User makes based upon the totality of information made available to it through the Website or otherwise.
Limitation of Liability. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ITS ACCESS TO, USE OF OR BROWSING IN THE WEBSITE OR HIS DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY COMPANY, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website, or any Materials, Company’s liability shall in no event exceed, in the aggregate, the greater of the subscription fee and service charge for accessing the Website, if any. In its sole discretion, in addition to any other rights or remedies available to Company and without any liability whatsoever, Company at any time and without notice may terminate or restrict your access to any component of the Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to the User.
Release. BY UTILIZING THE WEBSITE, USER HEREBY RELEASES, REMISES AND FOREVER DISCHARGES AND GIVES UP ANY AND ALL CLAIMS AND RIGHTS WHICH IT MAY HAVE AGAINST THE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE AND SERVICES RELATED THERETO. USER FURTHER WAIVES, RELEASES AND GIVES UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES POLICIES, PRACTICES OR PROCEDURES; (III) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS.
Successors and Assigns. Whenever the term “the Company” is used in connection with these Terms and Conditions, and in accordance with the other modes and methods set forth in the other webpages of the Website regarding its use in regard to a right, protection or benefit, it shall be construed to encompass the Company, its related entities, successors, assigns, directors, officers, employees and agents. Further, the term “User” used in connection with these Terms and Conditions shall include his/her/its related entities, successors, assigns, directors, officers, employees and agents.
Authorized Permission for Use. The User shall be considered an entity if the individual accessing the Website is doing so on behalf of an entity or is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity. If the User is an entity, the person using the Website on its behalf hereby makes the material representation upon which he wishes the Company to rely that he is authorized to bind that entity to the Terms and Conditions set forth above, as well as any other obligations imposed or undertaken through Use of the Website. The Company reserves the right to terminate the User’s access to, and use of, whether as an individual or entity, the Website and any of its contents, including, without limitation, the Materials, or use of any of the Company’s services at its sole discretion and without any advance notice to the User.
Dispute Resolution. A party to these Terms and Conditions may not institute a suit at law or equity regarding any dispute, whether directly or indirectly related or collateral to these Terms and Conditions. Without limitation, any dispute over the arbitrability of a matter shall be specifically reserved for the arbitrator to exclusively hear, and shall not be submitted to the court. All such claims or disputes, whether between or among the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association and its rules and guidelines shall apply, or its International Centre for Dispute Resolution, if applicable. Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. The arbitration proceedings shall be in English. The arbitrator shall have the authority to award any remedy or relief that a court of the State of New York could order or grant. Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration is final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.
Jurisdiction. The User utilizing the Website agrees that the laws of the State of New York shall govern these terms and conditions and any dispute, controversy or claim directly or indirectly related to such Use (without regard to any conflicts-of-law principles). Further, the User consents to the jurisdiction of the Supreme Court of the State of New York, New York County or, if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the Southern District of New York, to seek injunctive relief, compel arbitration and/or enforce an arbitrator’s award. Any arbitration shall be conducted in New York County, New York. Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User’s current or future electronic mail addresses; (b) ordinary mail or ordinary or two-day mail by a commercial carrier, in the event a regular mailing address has been provided by the party upon which service is being effected or is otherwise determined by the serving party; or (c) otherwise in accordance with the laws and procedures of the State of New York. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. The User covenants and agrees to perform further all acts and execute all supplementary instruments or documents which may be requested by the Company to carry out the provisions and effectuate the intent of these Terms and Conditions.
Assignment. Company may freely assign its rights and obligations in and to these Terms and Conditions. The User acknowledges that it may not assign, transfer or sell its rights under these Terms and Conditions without Company’s express written consent, which may be unreasonably withheld. Any purported assignment without Company’s consent shall be deemed null and void.
Severability. If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms and Conditions as possible.
Links to Other Sites. The User acknowledges and agrees that the Company has no responsibility for the accuracy or availability of information provided by websites to which you may link from the Website (“Linked Sites”). Links to Linked Sites are provided as a convenience to the User, and do not constitute an endorsement by or association with the Company of such sites or the content, products, advertising or other materials presented on such sites. The Company does not author, edit or monitor these Linked Sites. User acknowledges and agrees that the Company is not 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 such Linked Sites. If User accesses a Linked Site, he does so at his own risk.
No Third Party Beneficiaries. These Terms and Conditions are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under, or by reason of, these Terms and Conditions or otherwise set forth in the Website, except as may be specifically provided herein. These Terms and Conditions shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of these Terms and Conditions, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.
Prohibited by Law. Company does not represent that the Materials are appropriate or available for use in any particular geographic location. Users accessing the Website or using the Materials contained therein do so on their own initiative. In the event that any aspect of the Website or these Terms and Conditions is prohibited by law in User’s jurisdiction, User agrees not to Use the Website. It is solely User’s responsibility to determine whether it is allowed by law to participate in the Website. Without limitation, the User releases Company from all liability that could arise from User’s prohibited participation in the Website or acceptance of these Terms and Conditions. Moreover, and without limiting the indemnification otherwise provided herein, User shall indemnify, defend and hold Company harmless for any and all damages relating to a violation of this paragraph.
Without limiting the foregoing, aspects of the Materials and this Website may be subject to U.S. export controls and may not be downloaded, exported or re-exported: (a) into or to a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods (collectively, “Prohibited Countries”); or (b) to anyone who is on, or who may be acting on behalf of an entity that is on, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or otherwise included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons and specified persons involved in the manufacture or sale of Improvised Explosive Devises (collectively, the “Lists of U.S. Prohibited Parties”). By Using the Materials and any other aspect of the Website, the User makes the material representation and warranty upon which it seeks Company to reasonably rely that he is not (a) located in any of the Prohibited Countries; (b) a national or resident of any of the Prohibited Countries; (c) on any of the Lists of U.S. Prohibited Parties; or (d) acting on behalf of any person or entity that is on any of the Lists of U.S. Prohibited Parties.
By its Use of the Website, the User represents that he has had the opportunity to review these Terms and Conditions with counsel of the User’s choosing, if the User wished to do so. The User further acknowledges that he has thoroughly read these Terms and Conditions; understands that he is giving up certain legal rights that may otherwise exist; has asked any questions he desires to clarify its meaning; and believes it is in the User’s interest to nevertheless utilize the Website.