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AGREEMENT BETWEEN USER AND MBK ASSOCIATES, LLC ("MBK")
This NetVisory site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this NetVisory site constitutes your agreement to all such terms, conditions, and notices.
PRIVACY POLICY AND CONFIDENTIALITY
This privacy policy covers personal information that MBK collects about you from this NetVisory site, including, but not limited to, your name, address, phone number, email, comments, and survey responses. This policy does not apply to your personal information that is already publicly available from other sources. You can correct or update your personal information by updating your profile at any time; however, comments and survey information cannot be corrected or updated.
MBK does not rent, sell, or share personal information about you with anyone except the project sponsor for whom you have agreed to provide input. Information will be released, however, if required by court order or legal process or to defend against legal claims. Unless you are the project sponsor, your use of any comments on any materials posted to this NetVisory site for any purpose whatsoever is strictly prohibited.
This NetVisory site uses session cookies. Session cookies allow the site to ask your browser to store small pieces of information about you on your computer during the time that you are logged in to the NetVisory site, so that you need not repeatedly enter information. This information is erased from your computer once you have logged out of the site.
MBK may send you occasional emails that relate to your use of the NetVisory service while you are actively working on a project.
You acknowledge that all comments that you make on this site are public and not private communications and that all comments posted will be viewable by all other reviewers for that particular project. In addition, the names of users will appear in connection with their comments unless a project sponsor elects to keep that information confidential and/or the responses anonymous. MBK will not intentionally disclose any personal information collected on the NetVisory site to anyone other than the specific project sponsor who requested your participation.
COPYRIGHT AND TRADEMARK NOTICES
All original contents of this NetVisory site are: Copyright (c) 2003 MBK Associates, LLC, 350 Broadway, Suite 704, New York, New York 10013. All rights reserved. NetVisory and MBK Associates are trademarks or registered trademarks of MBK Associates, LLC. You may not use in any way, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, reverse engineer, or sell any information, software, products and/or services obtained from this NetVisory site without the prior written permission of MBK. Other product and company names mentioned herein including, but not limited to, any information contained in the projects posted by the project sponsors for comment or attachments to comments posted by other viewers, may be the trademarks of their respective owners and should not be used without the written permission of the respective owner. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this NetVisory site, you warrant that you will not use this NetVisory site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES PUBLISHED ON THIS NETVISORY SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MBK, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR ADDITIONS AND/OR CHANGES TO THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES ON THE NETVISORY SITE AT ANY TIME. MBK, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDING, BUT NOT LIMITED TO, PROJECT MATERIALS, INFORMATION, PRESENTATIONS, EDUCATIONAL MATERIALS, SOFTWARE, AND PRODUCT AND/OR SERVICE DESCRIPTIONS CONTAINED ON THE NETVISORY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MBK, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND/OR SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL MBK BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, INCLUDING BUT NOT LIMITED TO (A) ANY DELAY OR INABILITY TO USE THIS SITE, (B) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE INCLUDING ANY COMMENTS, OR ATTACHMENTS TO COMMENTS, POSTED BY OTHER VIEWERS (C) ANY UNINTENTIONAL DISCLOSURE OF CONFIDENTIAL INFORMATION, WHETHER BY TECHNOLOGICAL ERROR OR OTHERWISE, OR (D) ANY OTHER CIRCUMSTANCES ARISING OUT OF THE USE OF THIS NETVISORY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MBK, ITS AFFILIATES, AND/OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIRD-PARTY CONTENT
Except as expressly stated otherwise, MBK does not endorse, operate, control, or assume responsibility for any product, brand, method, information, or services posted to, mentioned on, or linked to this site in any way. MBK has no control, editorial or otherwise, over such third-party content and is not responsible for the content. MBK makes no representations or endorsement about the suitability of products and/or services posted and/or available on this site for any purpose. This NetVisory site may contain hyperlinks to websites operated by parties other than MBK. Such hyperlinks are provided for your reference only. Your linking to any other off-site pages or other sites is at your own risk.
PROJECT COMMENT PROTOCOL
The "Comments" section of each NetVisory project has been established as a mechanism through which selected users can provide feedback. You agree to use the "Comments" section only to send and receive messages and material that are proper and related to the particular project. By way of example, and not as a limitation, you agree that when commenting on a project, you shall not do any of the following:
Comment on any project other than the specific project under discussion.
Comment on any project in which you have not been selected to participate.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, by, but not limited to, making personal attacks or slurs, and/or using profanity .
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Alter or falsify the comments of another user or impersonate another user.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
MBK may from time to time monitor or review comments posted on the "Comments" section for each project and reserves the right to remove, without notice, any Comments received from any user that, in MBK's sole discretion, violates the Protocol set forth above. However, MBK is under no affirmative obligation to do so and assumes no responsibility or liability arising from the content of any such comments nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MBK will fully cooperate with any law enforcement authorities or court order requesting or directing MBK to disclose the identity of anyone posting any such information or materials. MBK reserves the right to deny in its sole discretion any user access to this NetVisory site or any portion thereof without notice.
GENERAL
Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, before one (1) arbitrator, in New York, New York, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the other all costs for such arbitration including attorneys' fees and costs incurred in enforcing the terms and conditions of this Agreement. This Agreement is made pursuant to, and shall be construed under, the laws of the State of New York, and, by logging on to the NetVisory website, you consent to the jurisdiction of all appropriate courts and/or tribunals in the County of New York.
Use of this NetVisory site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MBK as a result of this agreement or use of this NetVisory site.
MBK reserves the right to change the terms, conditions, and notices under which this NetVisory site is offered without prior notice. All users will be bound by any such revisions.
The invalidity or unenforceability of any particular provision, or part of any provision, of this Agreement, shall not affect the validity of the remaining provisions or parts thereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision(s) or part(s) of provision(s) were omitted.
This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior agreements and understandings between the parties, in whatever form. There are no other representations, warranties, promises, covenants, or understandings other than those expressly set forth herein. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
© 2003 MBK Associates, LLC. All rights reserved. Reproduction in whole or in part without permission is prohibited.
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