INTRODUCTION AND ACCEPTANCE
Welcome to apartmenttherapy.com.
apartmenttherapy.com ("Website") is an interactive online service
operated by Apartment Therapy, LLC ("us", "we",
BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE
YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT
US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE
CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS
TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE OR PURCHASE OUR
PRODUCTS OR SERVICES IF YOU DO NOT AGREE.
supported by good and valuable consideration the receipt and sufficiency
of which you hereby acknowledge. Such consideration includes,
without limitation, your use of the Website and the materials and information
available on the same and the possibility of publication or publicity
of your User Content (as defined in Section 6).
is collected and used by Apartment Therapy. A copy of this Privacy
Policy can be found here, and is incorporated
Website, you are signifying your acknowledgement and agreement to Apartment
The Website and included
content (and any derivative works or enhancements of the same)
including, but not limited to, all text, illustrations, files, images,
software, scripts, graphics, photos, sounds, music, videos, information,
content, materials, products, services, URLs, technology, documentation,
and interactive features (collectively, the "Website Content") and
all intellectual property rights to the same are owned by us, our licensors,
or both. Additionally, all trademarks, service marks, trade names
and trade dress that may appear on the Website are owned by us, our
licensors, or both. Except for the limited use rights granted
or interest in the Website or any Website Content. Any rights
WEBSITE ACCESS AND USE
Access to the Website including,
without limitation, the Website Content is provided for your information
and personal, non-commercial use only. When using the Website,
you agree to comply with all applicable federal, state, and local laws
including, without limitation copyright law. Except as expressly
create derivative works based upon, publicly display, publicly perform,
publish, transmit, or otherwise exploit Website Content for any purpose
whatsoever without obtaining prior written consent from us or, in the
case of third-party content, its respective owner. In certain
instances, we may permit you to download or print Website Content or
both. In such a case, you may download or print (as applicable)
one copy of Website Content for your personal, non-commercial use only.
You acknowledge that you do not acquire any ownership rights by downloading
or printing Website Content.
remove, alter, cover, or distort
any copyright, trademark, or other proprietary rights notice on the
Website or Website Content;
circumvent, disable or otherwise
interfere with security-related features of the Website including, without
limitation, any features that prevent or restrict use or copying of
any content or enforce limitations on the use of the Website or Website
use an automatic device (such
as a robot or spider) or manual process to copy or "scrape" the
Website or Website Content for any purpose without the express written
permission of Apartment Therapy. Notwithstanding the foregoing, Apartment
Therapy grants public search engine operators permission to use automatic
devices (such as robots or spiders) to copy Website Content from the
Website for the sole purpose of creating (and only to the extent necessary
to create) a searchable index of Website Content that is available to
the public. We reserve the right to revoke this permission (generally
or specifically) at any time;
collect or harvest any personally
identifiable information from the Website including, without limitation,
user names, passwords, email addresses;
solicit other users to join
or become members of any commercial online service or other organization
without our prior written approval;
attempt to or interfere with
the proper working of the Website or impair, overburden, or disable
decompile, reverse engineer,
or disassemble any portion of any the Website;
use network-monitoring software
to determine architecture of or extract usage data from the Website;
encourage conduct that violates
any local, state or federal law, either civil or criminal, or impersonate
another user, person, or entity (e.g., using another person's Membership
(as defined in Section 5(B))
without permission, etc.);
violate U.S. export laws,
including, without limitation, violations of the Export Administration
Act and the Export Administration Regulations administered by the Department
of Commerce; or
engage in any conduct that
restricts or inhibits any other user from using or enjoying the Website.
You agree to
cooperate fully with Apartment Therapy to investigate any suspected
CONDITIONS FOR LINKING TO WEBSITE
We hereby grant you a
non-exclusive, limited license, revocable at our discretion, for you
to link to the Website home page from any site you own or control that
is not commercially competitive with the Website and does not criticize
or otherwise injure us, so long as the site where the link resides,
and all other locations to which such site links, comply with all applicable
laws and do not in any way abuse, defame, stalk, threaten or violate
the rights of privacy, publicity, intellectual property or other legal
rights of others or, in any way, post, publish, distribute, disseminate
or facilitate any inappropriate, infringing, defamatory, profane, indecent,
obscene or illegal/unlawful information, topic, name or other material
or that violates the spirit of our mission. Such a link is not
an endorsement of such other site(s) by us. All of our rights
and remedies are expressly reserved.
In order to access or use
some features of the Website, you will have to become a registered user.
If you are under the age of thirteen, then you are not permitted to
register as a user or otherwise submit personal information to Apartment
If you become
a registered user, you will provide true, accurate and complete registration
information and, if such information changes, you will promptly update
the relevant registration information. During registration, you
will create a user name and password (a "Membership"), which may
permit you access to certain areas of the Website not available to non-registered
users. You are responsible for safeguarding and maintaining the
confidentiality of your Membership. You are solely responsible
for the activity that occurs under your Membership, whether or not you
have authorized the activity. You agree to notify us immediately
at email@example.com of any breach of security or unauthorized
use of your Membership.
We may now or in the future permit users to post, upload, transmit through,
or otherwise make available on the Website (collectively, "submit")
messages, recipe, text, illustrations, files, images, graphics, photos,
comments, sounds, music, videos, information, content, and/or other
materials ("User Content"). Subject to the rights and license
you grant herein, you retain all right, title and interest in your User
Content. We do not guarantee any confidentiality with respect
to User Content even if it is not published on the Website. It
is solely your responsibility to monitor and protect any intellectual
property rights that you may have in your User Content, and we do not
accept any responsibility for the same.
You shall not submit any User
Content protected by copyright, trademark, patent, trade secret, moral
right, or other intellectual property, personal, contractual, proprietary
or other third party right without the express permission of the owner
of the respective right. You are solely liable for any damage resulting
from your failure to obtain such permission or from any other harm resulting
from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
violates or infringes in any
way upon the rights of others, including, but not limited to, any copyright,
trademark, patent, trade secret, moral right, or other intellectual
property, personal, contractual, proprietary or other third party right
of any person or entity;
impersonates another or is
unlawful, threatening, abusive, libelous, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable;
encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law;
is an advertisement for goods
or services or a solicitation of funds;
includes personal information
such as messages which identify phone numbers, social security numbers,
account numbers, addresses, or employer references;
contains a formula, instruction,
or advice that could cause harm or injury;
is a chain letter of any kind; or
the licensed use by us hereunder
would result in us having any obligation or liability to any party.
Moreover, any conduct by a user that
in our sole discretion restricts or inhibits any other user from using
or enjoying the Website will not be permitted.
By submitting User Content
to us, simultaneously with such posting you automatically grant, or
warrant that the owner has expressly granted, to us a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable
right and license to use, record, sell, lease, reproduce, distribute,
create derivative works based upon (including, without limitation, translations),
publicly display, publicly perform, transmit, publish and otherwise
exploit the User Content (in whole or in part) as we, in our sole discretion,
deem appropriate including, without limitation, (1) in connection with
our business; and (2) in connection with the businesses of our successors,
parents, subsidiaries, and their related companies. We may exercise
this grant in any format, media or technology now known or later developed
for the full term of any copyright that may exist in such User Content.
Furthermore, you also grant other users permission to access your User
Content and to use, record, sell, lease, reproduce, distribute, create
derivative works based upon, publicly display, publicly perform, transmit,
publish and otherwise exploit your User Content for personal, non-commercial
use as permitted by the functionality of the Website and these Terms
of Use. The granted rights include the right to configure, host,
index, cache, digitize, compress, optimize, modify, edit, adapt, and
remove such content and combine same with other materials. Furthermore,
we are free to use any ideas, concepts, know-how or techniques contained
in any User Content you submit without any remuneration or obligation
By submitting User Content,
you also grant us the right, but not the obligation to use your biographical
information including, without limitation, your name and geographical
location in connection with broadcast, print, online, or other use or
publication of your User Content. Notwithstanding the foregoing,
you waive any and all claims you may now or later have in any jurisdiction
to so-called "moral rights" or rights of "droit moral" with
respect to the User Content.
We reserve the right to display
advertisements in connection with your User Content and to use your
User Content for advertising and promotional purposes. You acknowledge
and agree that your User Content may be included on the websites and
advertising networks of our distribution partners and third-party service
providers (including their downstream users).
We have the right, but not
the obligation, to monitor User Content. Please exercise caution
and common sense when viewing User Content. We have no obligation
to post, maintain or otherwise make use of User Content and do not guarantee
distribution of User Content. We may discontinue operation of
the Website, or your use of the Website, in either case in whole or
in part, in our sole discretion. You have no right to maintain
or access your User Content on the Website and we have no obligation
to return your User Content or otherwise make it available to you.
The rights granted by you
hereunder may not be terminated, revoked or rescinded and are not subject
to reversion. If you become aware that User Content you have submitted
includes any material for which you lack the unrestricted right to grant
us the rights set forth above without obligations or liability to any
party, you agree to promptly provide us with detailed written notice
thereof to Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York,
New York 10012 (Attn: DMCA Agent), or fax number (801)
WEBSITE CONTENT & THIRD PARTY LINKS
We provide the Website including,
without limitation Website Content for entertainment, educational and
promotional purposes only. You may not rely on any information and opinions
expressed on any of our Website for any other purpose. In all instances,
it is your responsibility to evaluate the accuracy, timeliness, completeness,
or usefulness of Website Content. Under no circumstances will we be
liable for any loss or damage caused by your reliance on any Website
In many instances, Website
Content will include content posted by a third-party or will represent
the opinions and judgments of a third-party. We do not endorse,
warrant and are not responsible for the accuracy, timeliness, completeness,
or reliability of any opinion, advice, or statement made on the Website
by anyone other than authorized employees or spokespersons while acting
in their official capacities.
If there is a dispute between
persons accessing the Website or between persons accessing the Website
and any third party, you understand and agree that we are under no obligation
to become involved. If there is such a dispute, you hereby release
Apartment Therapy and its officers, directors, employees, parents, partners,
successors, agents, affiliates, subsidiaries, and their related companies
from claims, demands, and damages of every kind or nature arising out
of, relating to, or in any way connected with such dispute.
The Website may contain links
to other websites maintained by third parties. We do not operate
or control, in any respect, or necessarily endorse the content found
on these third-party websites. You assume sole responsibility
for your use of third-party links. We are not responsible for
any content posted on third-party websites or liable to you for any
loss or damage of any sort incurred as a result of your dealings with
any third-party or their website.
The Website may include
certain services that may be available via your mobile phone, including
without limitation (a) the ability to upload to the Website via your
mobile phone (Mobile Uploads), (b) the ability to receive and reply
to messages and to send content and messages using text messaging (Mobile
Texts), and (c) the ability to access the Website from your mobile phone
(Mobile Web) (collectively, the "Mobile Services"). We do
not currently charge for Mobile Services. Your carrier's normal
messaging, data and other rates and fees will, however, still apply.
You should check with your carrier to find out what plans are available
and how much they cost. By using the Mobile Services you agree
that we may communicate with you regarding the Website and our partners
by SMS, MMS, text message or other electronic means to your mobile device
and that certain information about your usage of the Mobile Services
will be communicated to us.
You agree to indemnify and hold harmless
Apartment Therapy and its officers, directors, employees, parents, partners,
successors, agents, distribution partners, affiliates, subsidiaries,
and their related companies from and against any and all claims, liabilities,
losses, damages, obligations, costs and expenses (including reasonable
attorneys' fees and costs) arising out of, related to, or that may
arise in connection with: (i) your access to or use of the Website;
(ii) User Content provided by you or through use of your Membership;
(iii) any actual or alleged violation or breach by you of these Terms
of Use; (iv) any actual or alleged breach of any representation, warranty,
or covenant that you have made to us; or (v) your acts or omissions.
You agree to cooperate fully with us in the defense of any claim that
is the subject of your obligations hereunder.
YOU EXPRESSLY AGREE THAT USE OF THE
WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING
THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, APARTMENT
THERAPY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED
COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES
THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL
CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING
THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE
WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL
APARTMENT THERAPY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS,
SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES,
OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF APARTMENT THERAPY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF,
RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS
OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE
INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING
THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON
THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS
ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY
OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY
OF APARTMENT THERAPY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES,
AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS
RECEIVED FROM YOU BY APARTMENT THERAPY DURING THE PRECEDING TWELVE (12)
MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY
AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL
BE PERMANENTLY BARRED.
In some jurisdictions limitations
of liability are not permitted. In such jurisdictions, some of the foregoing
limitations may not apply to you. These limitations shall apply to the
fullest extent permitted by law.
We reserve the right in our
sole discretion and at any time to terminate or suspend your Membership
and/or block your access to the Website for any reason including, without
limitation if you have failed to comply with the letter and spirit of
be liable to you or any third party for any termination or suspension
of your Membership or for blocking your access to the Website.
If you become
a registered user, you may terminate your Membership at any time by
sending an e-mail to firstname.lastname@example.org.
Any suspension or termination
shall survive including, but not limited to the rights and licenses
that you have granted hereunder, indemnities, releases, disclaimers,
limitations on liability, provisions related to choice of law, dispute
resolution, no class action, no trial by jury and all of the miscellaneous
provisions in Section 20.
Apartment Therapy respects
the intellectual property rights of others and expects its users to
do the same. In appropriate circumstances and at its sole discretion,
Apartment Therapy may terminate and/or disable the Membership of users
who it suspects to be infringers of the copyrights (or other intellectual
property rights) of others. Additionally, in appropriate circumstances
and in its sole discretion, Apartment Therapy may remove or disable
access to material on any of its websites or hosted on its systems that
may be infringing or the subject of infringing activity.
In accordance with the Digital
Millennium Copyright Act of 1998, Title 17 of the United States Code,
Section 512 ("DMCA"), we will respond promptly to claims of copyright
infringement that are reported to the agent that we have designated
to receive notifications of claims infringement (its "Designated Agent").
Apartment Therapy's Designated Agent may be reached at:
Apartment Therapy, LLC
270 Lafayette Street, Suite 1300
New York, NY 10012
Attn: DMCA Agent
fax number: (801) 996-7174
If you are a copyright owner
(or authorized to act on behalf of the copyright owner) and believe
that your work's copyright has been infringed, please report your
notice of infringement to us by providing our Designated Agent with
a written notification of claimed infringement that includes substantially
A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative
list of such works at that site.
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.
Information reasonably sufficient
to permit us to contact you, such as an address, telephone number, and,
if available, an electronic mail address at which you may be contacted.
A statement that you have
a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
A statement that the information
in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
We will investigate notices of copyright
infringement and take appropriate actions under the DMCA. Inquiries
that do not follow this procedure may not receive a response.
If your notice of infringement relates to a recipe, then you may want
to review the U.S. Copyright Office's Circular on the copyrightability of recipes prior to
reporting your notice of infringement. For more information on
our DMCA policy, please click on this hyperlink: Infringements.
CHOICE OF LAW; JURISDICTION AND VENUE
be construed in accordance with the laws of the State of New York without
regard to its conflict of laws rules. Any legal proceedings against
Apartment Therapy that may arise out of, relate to, or be in any way
in the state and federal courts of New York located in New York county
and you waive any jurisdictional, venue, or inconvenient forum objections
to such courts.
DISPUTE RESOLUTION; BINDING ARBITRATION
In the Dispute Resolution
Section only, "we" and "us" are used to refer to you and
Apartment Therapy together.
We each agree to first contact each
other with any disputes and provide a written description of the problem,
all relevant documents/information and the proposed resolution. You
agree to contact us with disputes by contacting us at the address provided
you have provided us.
We each agree to finally settle all
disputes (as defined and subject to any specific exceptions below) only
by arbitration. In arbitration, there's no judge or jury and review
is limited. However, just as a court would, the arbitrator must honor
same damages and relief. The arbitrator's decision and award is final
and binding, with some exceptions under the Federal Arbitration Act
("FAA"), and judgment on the award may be entered in any court
with jurisdiction. We each also agree as follows:
"Disputes" are any
claims or controversies against each other related in any way to the
you bring against our employees, agents, affiliates or other representatives,
and claims Apartment Therapy may bring against you.
If either of us wants to arbitrate
a dispute, we agree to send written notice to the other providing a
description of the dispute, previous efforts to resolve the dispute,
all supporting documents/information, and the proposed resolution. We
will send notice to you based on the contact information you have provided
us and notice to us must be sent to: Apartment Therapy, LLC, ATTN: Legal
Department, 270 Lafayette Street, Suite 1300
, New York, NY 10012. We
agree to make attempts to resolve the dispute. If we cannot resolve
the dispute within forty-five (45) days of receipt of the notice to
arbitrate, then we may submit the dispute to formal arbitration.
The FAA applies to this Agreement
and arbitration provision. We each agree the FAA's provisions, not state
law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered
by the American Arbitration Association ("AAA") under its
information from the AAA at 1-800-778-7879 or www.adr.org.
The arbitration will be conducted
by a single neutral arbitrator and will take place in New York, NY.
apply during the arbitration.
We each agree not to pursue
arbitration on a classwide basis. We each agree that any arbitration
will be solely between you and us (not brought on behalf of or together
with another individual's claim). If for any reason any court or arbitrator
holds that this restriction is unconscionable or unenforceable, then
our agreement to arbitrate doesn't apply and the dispute must be brought
The prevailing party in the
arbitration will be entitled to recover its costs and expenses, including
reasonable attorneys' fees and experts' fees, which are incurred
in connection with the arbitration.
Either of us may bring qualifying claims in small claims court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO
EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR
ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE
IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER
AMENDMENT; ADDITIONAL TERMS
We reserve the right in our
sole discretion and at any time and for any reason, to modify or discontinue
In addition, we reserve the right to provide you with operating rules
or additional terms that may govern your use of the Website generally,
unique parts of the Website, or both ("Additional Terms").
Any Additional Terms that we may provide to you will be incorporated
Modifications to these Terms
of Use or Additional Terms will be effective immediately upon notice,
either by posting on the Website or by notification by email or conventional
the Website from time to time for any changes or Additional Terms.
Your access and use of any the Website following any modification of
your assent to and acceptance of the same. If you object to any
you may terminate your Membership as provided in Section 12(B)
herein or, if you do not have an Membership, your only recourse is to
immediately discontinue use of the Website.
Software related to or
made available by the Website may be subject to United States export
controls. Thus, no software from the Website may be downloaded,
exported or re-exported (a) into (or to a national or resident of) Cuba,
North Korea, Iran, Syria or any other country to which the United States
has embargoed goods; or (b) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading any software related to the
Website, you represent and warrant that you are not located in, under
the control of, or a national or resident of, any such country or on
any such list. The parties specifically disclaim application of
the Convention on Contracts for the International Sale of Goods.
Any delay or failure on the
to which we may be entitled shall not, in any event, be construed as
a waiver of the right and privilege to do so at any subsequent time.
You irrevocably agree that you waive any and all rights to injunctive
or other equitable relief. The section headings used herein are for
convenience only and shall not be given any legal import. If any provision
of such provision shall not affect the validity of the remaining provisions
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements
between us with respect to such subject matter.
You may not assign these Terms
of Use or assign any rights or delegate any obligations hereunder, in
whole or in part, without our prior written consent. Any such
purported assignment or delegation by you without the appropriate prior
written consent will be null and void and of no force and effect.
without your consent and without notice.