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Terms & Conditions of Use of this Site
This Web site
(this "Site") is owned and operated by Reszka & Associates ("R&A").
Please read
the following Terms and Conditions of Use (these "Terms of Use")
carefully and in their entirety before using this Site. Your use of this
Site or any content or material available through this Site
(collectively "Materials"), as well as any other product or service
offered by R&A or through this Site for use or sale constitutes your
full and complete acceptance of these Terms of Use. If you do not agree
with any provisions of these Terms of Use, do no use this Site.
In addition,
you shall be subject to any posted guidelines or rules applicable to
this Site or any services or products offered through this Site, which
may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use.
R&A reserves
the right, in its sole discretion, to modify, alter, or otherwise change
these Terms of Use at any time, and you agree to be bound by such
modifications, alterations, and/or additions. These Terms of Use may be
updated by R&A from time to time without notice to you. Accordingly, R&A
recommends that you periodically visit this page to review the current
Terms of Use. If you violate any of these Terms of Use, your permission
to use this Site shall automatically terminate.
Copyright & Trademarks
All Materials
on this Site, including without limitation software, text, graphics,
images, audio and video clips, logos, and button icons, documents and
marks constitute proprietary information, which are owned or controlled
by R&A or its content and/or software/technology providers that have
licensed to R&A the right to use the Materials. Unless provided
otherwise, you agree that the reproduction, modification, distribution,
transmission, republication, display, performance, or storage of
Materials is strictly prohibited without the express written permission
of R&A and any other owner of such proprietary information (from whom
you are solely responsible for obtaining permission).
Restrictions on Use of Site
Unless
otherwise specified or permitted under copyright laws, the Materials may
not be copied, republished, reproduced, uploaded, posted, transmitted,
distributed, or otherwise exploited in any way. You agree and
acknowledge that you shall not acquire any ownership rights in the
Materials from this Site. Modification of the Materials or use of the
Materials for other than the stated purpose is a violation of R&A’s and
possibly other third-party providers’ copyright and other proprietary
rights.
You agree to
use this Site only for purposes that are lawful. Without limiting the
foregoing, you agree not to post on or transmit through this Site any
material which violates or infringes in any way upon the rights of
others; is threatening, abusive, or harassing; is defamatory; is
invasive of privacy or publicity rights; is obscene; is lewd,
lascivious, or otherwise objectionable; or violates, or encourages
conduct that would violate, any law or give rise to civil or criminal
liability under any law. Furthermore, you agree that you will not post
on or transmit through this Site any advertising or commercial
solicitation of any kind whatsoever, including, without limitation, via
e-mail, without R&A's express written consent. You further agree not to
use this Site, the Materials, or any element or portion thereof
including, without limitation, e-mail addresses of users for any
commercial purpose whatsoever.
You shall not
upload, post or otherwise make available on this Site any material
protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other
proprietary right. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark or other proprietary
right, or any other harm resulting from any uploading, posting or
submission.
You are
prohibited from displaying the content on this Site in any format where
third party advertising or other materials that R&A did not authorize is
viewed or viewable together with the Materials of this Site.
Links to Other Sites
This Site
contains links to other Web sites. R&A is not responsible for the
content or privacy practices of any sites linked to this Site or framed
within this Site (the "Linked Sites"). The Linked Sites are for your
convenience only and you access them at your own risk. You agree that
R&A is not responsible for the availability of any Linked Site and does
not endorse and is not responsible or liable for any content,
advertising, products or other materials on or available through the
Linked Sites.
Privacy & Security
R&A’s privacy
policy is set forth in its privacy statement which can be reviewed from
the home page of this Site.
R&A reserves
the right to take any action it deems necessary to protect the personal
safety of R&A’s guests or the public. R&A has no liability or
responsibility to users of this Site or any other person or entity for
performance or nonperformance of the aforementioned activities.
By posting
messages on the bulletin boards you are granting R&A a royalty free,
perpetual, non-exclusive and irrevocable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display any posting by you (in whole or in
part) worldwide and/or incorporate it in other works in any form, media
or technology now known or hereafter developed.
You may not
use the bulletin boards to post or transmit advertisements or commercial
solicitations of any kind.
General Practices Regarding Use and Storage
You
acknowledge that R&A may establish general practices and limits
concerning use of this Site including, without limitation, the maximum
number of days or the maximum size that e-mail messages, bulletin board
or chat room messages or other uploaded information will be retained. In
addition, R&A may limit the disk storage space allotted and/or the
maximum number of messages or uploads permitted. You agree that R&A has
no responsibility or liability for the deletion or failure to store any
messages or other type of communication or content.
Disclaimers and Limitations on Liability
R&A is not
responsible or liable for any infections or contamination of your system
or delays, inaccuracies, errors, or omissions arising out of your use of
this Site or with respect to the Materials, products, services or
advertisements available on or through this Site. You agree to be
responsible for obtaining and maintaining a telephone, computer
hardware, and other equipment needed for access to and use of this Site,
and you shall be responsible for all charges related thereto.
THIS SITE AND
ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS,"
"AS AVAILABLE" AND USE OF THIS SITE OR ANY MATERIALS IS AT YOUR OWN
RISK. R&A MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL, PRODUCT,
SERVICE OR ADVERTISEMENT RESTS WITH YOU.
R&A DOES NOT
ENDORSE WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED ON OR
THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
R&A, ITS
RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS,
ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS,
SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF, OR THE INABILITY TO USE THIS SITE. IN NO EVENT SHALL R&A’S
TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY, AND
HOLD HARMLESS R&A ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS, AND ASSIGNS FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND
CAUSES OF ACTION ARISING OUT OF YOUR PUBLICATION OR TRANSMITTAL OF
PROHIBITED MATERIAL OR YOUR FAILURE TO COMPLY WITH OR YOUR ALLEGED
FAILURE TO COMPLY WITH THESE TERMS OF USE.
Miscellaneous
R&A has the
right any time to modify, change, add to, discontinue, or alter in any
manner any aspect of this Site including, without limitation, these
Terms of Use. These Terms of Use constitute the entire agreement of the
parties with respect to the subject matter hereof and supercedes all
previous written or oral agreements between the parties hereto with
respect to such subject matter. No waiver by either party of any breach
of default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
The section
headings used herein are for convenience only and shall not be given any
legal import. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use. These Terms of Use are
effective until terminated. R&A may terminate your use of this Site in
the event you fail to comply with any provision of these Terms of Use.
In addition, R&A may discontinue access to this Site at any time at its
sole discretion.
These Terms
of Use shall be governed by, construed, and enforced in accordance with
the laws of the State of New York. Any
action brought by you or R&A in connection with or related in any manner
to this Site, your use of this Site or these Terms of Use shall be
brought only in the courts located in Buffalo, New York and you hereby
consent to personal jurisdiction in such counts. If any provision of
these Terms of Use is void or unenforceable in whole or in part, the
remaining provisions shall not be affected thereby.
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