We Hate to Waste logo
     
Sign up for our Newsletter ‐ it's Free!

Terms of Use

Effective Date: October 24, 2013
Last Updated: December 17, 2013

  

Terms and Conditions of Use

Welcome! By accessing or using our website located at www.wehatetowaste.com (the “Website”), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the “Terms of Use”), which incorporates by reference our Privacy Notice, located at www.wehatetowaste.com/privacy and agree to be bound by it in its entirety.  If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact info@wehatetowaste.com.

 

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website.  For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites.  It is your obligation to review the Terms of Use before accessing the Website.  Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.

 

I. Definitions

For the purposes of this Terms of Use, the following definitions apply: 

“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

“Company” means J. Ottman Consulting, Inc., the owner and operator of the Website.

“Content” includes all Text, Graphics, design and Programming used on the Website. 

“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission. 

“Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages,  VBScript, databases, etc.) used on the Website. 

“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional. 

“You” or “your” (whether or not capitalized) refers to the person accessing the Website and agreeing to this Terms of Use.

 

II. Use Of This Website

This Website is a global online community of individuals and companies and other organizations who wish to share knowledge in order to advance the state of the art of sustainable living through waste minimization and resource conservation.  It is intended to facilitate communication and learning, ideas, and practices, products and brands, as well as to provide access to other informational and promotional materials. J. Ottman Consulting manages this website as both a public service and as a resource for her firm who may distill learning from the discussions, comments, and /or polls with  the firm’s clients in the interest of helping all consumers live more sustainably. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to participating on the Website.  The Website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website.  Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Website, unless you have our express written consent.   

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website.

 

Account Registration

Certain functions of the Website may either now or in the future require registration, such as commenting on articles, submitting blog entries, reviewing products and/or services, posting in forums, participating in crowdsourcing projects, responding to surveys or participating in other promotions or contests. You may only create and use an account for your own personal use. If you would like to utilize this website on behalf of your company, please contact us at info@wehatetowaste.com. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.  If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes. By registering for an you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content.  You may unsubscribe at any time.

 

Merchandise

WeHateToWaste contains a store with a limited amount of WeHateToWaste branded merchandise and other products which are manufactured, sold and shipped by third-party vendors.  If you choose to purchase merchandise, your transactions will be processed externally by third-parties. Please be sure to check the privacy policies and terms of use, including the refund and exchange policies, of any third-party websites where our merchandise is available. Please note that these third-party vendors may share some identifying information with us about customers who purchase such merchandise, which will be used in accordance with our Privacy Notice.

 

Sponsored Content

Certain content on the Website may be advertisements or content created or commissioned by advertisers in collaboration with the Company (“Sponsored Content”).  We will not allow any relationship with an advertiser or sponsor (“Sponsors”) to compromise our integrity. To that end, we will label Sponsored Content when, in our opinion, it is necessary to make clear the distinction between editorial material and Sponsored Content. However, please be aware we do not verify Sponsored Content. Sponsors are responsible for ensuring that their Sponsored Content is adequately substantiated and complies with all applicable laws, regulations, and guidelines. While the Sponsored Content does not necessarily reflect the views of the Website, if it comes to our attention that Sponsored Content, in our opinion, contains demonstrably false or unlawful content, we will refuse or remove the Sponsored Content in whole or in part. Additionally, we may exercise our discretion to refuse or remove any Sponsored Content that is inconsistent with, or may tend to bring disparagement, harm to reputation, or other damage to the Company or the wehatetowaste.com brand, or that, in our judgment, would undermine the intellectual integrity, authority, and character of our enterprise.

Sponsored Content may appear in three forms: (i) content produced by the Company as commissioned by its Sponsors; (ii) content produced by Sponsors; and (iii) content produced by Website subscribers who have been provided with products or services to review by Sponsors. We will prominently display the following disclaimers, as applicable, on all Sponsored Content: (i) “SPONSORED CONTENT”; (ii) “This content is made possible by our Sponsor; it is not written by and does not necessarily reflect the views of wehatetowaste.com”; or “This review is a sponsored review. The author does not pay nor receive any compensation for the reviews written on this blog. All reviews are from products sent free of charge by their respective company and are received with no incentive or obligation to offer a favorable review. The only compensation that the author will ever receive for this review is the use of the product for review.” We may additionally include, as appropriate, further explanation defining Sponsored Content to our readers.  

We may, in our sole discretion enable readers to comment on Sponsored Content on the Website. If comment functionality is enabled on Sponsored Content, the Sponsor will not have any role in moderating such comments. The only moderation of such comments will be performed by Company employees, in accordance with these Terms of Use, which prohibit spam, obscenity, hate speech, and similarly inappropriate content on the Website.

 

 

Sweepstakes, Contents and Promotions

Sweepstakes, contests, or other promotions made available through the Website or otherwise may be governed by specific rules that are separate from this Terms of Use. By participating in any such sweepstakes, contest, or promotions, you agree to participate subject to those rules. Our Privacy Notice will govern any information you submit in connection with such activities, unless otherwise stated.

 

III. Restrictions on Use of the Website

The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy or sell information or other matter for use of any other party.  You may not gather information and data on the Website from mining, robots or other extraction tools.

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law.  You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users.  You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website.  Any unauthorized use terminates the permission or license granted by us, in addition to all rights at law or in equity. In addition, you specifically agree not to use this Website to do any of the following:

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
  • Harm or exploit children;
  • Advocate illegal activity or an intention to commit an illegal act;
  • Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that constitutes a “pyramid” or similar scheme;
  • Email or transmit content that infringes on the intellectual property  or the right of any entity or person;
  • Advertise or otherwise engage in any commercial endeavor without our explicit, written permission;
  • Intentionally or unintentionally violate any applicable local, state, national or international law;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.

 

IV. Termination of Access

Use of this Website is a privilege. We reserve the right to suspend or terminate your access to the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.

 

V. Information You Provide to Us Via this Website

You choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.

In order to facilitate communications between you and us, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email.  If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

 

Limitations on Information Submitted

We do not seek to receive any confidential or proprietary information or trade secrets through the Website. Any blog posts, tips, information, materials, suggestions, ideas or comments you send to us (collectively, “Submissions”) will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Notice. You also acknowledge that we may use your Submissions and any ideas, concepts or knowhow contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission, in whole or in part, on the Website. However, we will not edit your Submission in such a way that it misrepresents your original Submission.

Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:

  • It may not contain unauthorized URLs or links to any other websites. (To advertise your company or website, contact us at info@wehatetowaste.com).
  • It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material and provide proper attribution to the copyright owner);
  • It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
  • It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  • It may not contain trade secrets (unless you own them or have the owner’s permission to transmit them);
  • It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
  • It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
  • It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  • It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
  • You may not solicit money, investments or make any offering of securities or investments;
  • You may not submit chain letters or pyramid schemes; and
  • You may not submit commercial opinions or notices.

 

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

 

Forums

We may offer features through the Website that enable you to post information and materials publicly, for example, in reviews, chat areas, and other similar forums (collectively, “Forums”). All of the rules of conduct described in the Submission section above apply to the Forums.

The Forums (and the Website generally) include the opinions, statements and other content of third-parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content’s accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third-parties through the Forums or via blog posts or comments, or otherwise through the Website, are those of such third-parties and not of wehatetowaste.com, and wehatetowaste.com does not necessarily endorse any such opinions, statements or materials.

                                 

VI. Monitoring Of Information

We do not assume any obligation to review or monitor the content or other information submitted to the Website by third-parties.  You assume the risk of verifying the accuracy of such information posted through independent investigation.  Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use or law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.

 

VII. Intellectual Property Rights

The Company owns any and all intellectual property rights relating to the wehatetowaste.com brand, trade name, trade dress, and other content including:  copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the wehatetowaste.com brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use.  None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes.  The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

 

VIII. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512©(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website’s designated agent noted below (the “Designated Agent”).  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and  information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

WeHateToWaste

c/o J. Ottman Consulting

315 East Sixty-Ninth Street

New York, NY 10021-5527

Attn: Designated Copyright Agent

 

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Website. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

 

IX. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website.  Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

 

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of this Website and SERVICES/products, and/OR reliance on any of its content is at your own risk.

THE COMPANY does not warrant that the functions or content contained in this Website will be uninterrupted, Accurate or error-free.  You, and not THE COMPANY, assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this Website or its content. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING the USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE.  THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND We MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.

 

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products sold or used from the Website.

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website or otherwise, including but not limited to Submissions, or (3) your breach of this Terms of Use.

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

 

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

 

Third-Party Websites

The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, merchandise retailers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may be operated by companies that are not affiliated with the Company, and may have different privacy policies and terms of use. The Company does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party.  We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website.  Access to third-party websites from the Website is done at your own risk.

 

X. General Information

Entire Agreement. These Terms of Use, together with the Privacy Notice, constitute the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of the Company.

Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms of Use or Privacy Notice shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use or Privacy Notice, and the Terms of Use or Privacy Notice shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information

We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.