Please read! nyforall.blogspot.com requires consideration
for and as a condition of allowing you access.
Reading and accepting the terms of use and reading and
accepting the provisions of the privacy policy of nyforall.blogspot.com are
required considerations for nyforall.blogspot.com granting you the right to
visit, read or interact with it.
All persons are denied access to this site unless they read
and accept the terms of use and the privacy policy.
By viewing, visiting, using, or interacting with nyforall.blogspot.com
or with any banner, pop-up, or advertising that appears on it, you are agreeing
to all the provisions of this terms of use policy and the privacy policy of nyforall.blogspot.com.
All persons under the age of 18 are denied access to nyforall.blogspot.com.
If you are under 18 years of age, it is unlawful for you to visit, read, or
interact with nyforall.blogspot.com or its contents in any manner. Nyforall.blogspot.com
specifically denies access to any individual that is covered by the child
online privacy act (copa) of 1998.
Nyforall.blogspot.com reserves the right to deny access to
any person or viewer for any reason. Under the terms of the privacy policy,
which you accept as a condition for viewing, nyforall.blogspot.com is allowed
to collect and store data and information for the purpose of exclusion and for
many other uses.
The terms of use agreement may change from time to time.
Visitors have an affirmative duty, as part of the consideration for permission
to view nyforall.blogspot.com, to keep themselves informed of changes.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates,
or customers, collectively referred to herein as “Visitors,” are parties to
this agreement. The website and its owners and/or operators are parties to this
agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract
with this website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information in a commercial
or public setting; they have no right to broadcast it, copy it, save it, print
it, sell it, or publish any portions of the content of this website. By viewing
the contents of this website you agree this condition of viewing and you
acknowledge that any unauthorized use is unlawful and may subject you to civil
or criminal penalties. Again, Visitor has no rights whatsoever to use the
content of, or portions thereof, including its databases, invisible pages,
linked pages, underlying code, or other intellectual property the site may
contain, for any reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition to costs and
actual damages for breach of this provision. Visitor warrants that he or she
understands that accepting this provision is a condition of viewing and that
viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS
OF THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site content. Use of
website content for any reason is unlawful unless it is done with express
contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING
SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink
this site, or portions thereof, (including, but not limited to, logotypes,
trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website address) of this
website in any commercial or non-commercial media without express permission, nor
are you allowed to ‘frame’ the site. You specifically agree to cooperate with
the Website to remove or de-activate any such activities and be liable for all
damages. You hereby agree to liquidated damages of US $100,000.00 plus costs
and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of
the content of this website. Visitors assume the all risk of viewing, reading,
using, or relying upon this information. Unless you have otherwise formed an
express contract to the contrary with the website, you have no right to rely on
any information contained herein as accurate. The website makes no such
warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF
VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently passed to
the visitor’s computer. Again, visitor views and interacts with this site, or
banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own
risk. Website makes no warranty that downloads are free of corrupting computer
codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this
site, including banners, advertising, or pop-ups, downloads, and as a condition
of the website to allow his lawful viewing, Visitor forever waives all right to
claims of damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether personal or
business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the
Website is required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a submission. All
submissions, including portions thereof, graphics contained thereon, or any of
the content of the submission, shall become the exclusive property of the
Website and may be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only communicate that
information to the Website, which it wishes to forever allow the Website to use
in any manner as it sees fit. “Submissions” is also a provision of the Privacy
Policy.
NOTICE
No additional notice of any kind for any reason is due
Visitor and Visitor expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or interact with the
website.
DISPUTES
As part of the consideration that the Website requires for
viewing, using or interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind
(whether in contract, tort or otherwise) arising out of or relating to this
purchase, this product, including solicitation issues, privacy issues, and
terms of use issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the date a dispute is
submitted to the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New York,
New York, 10017-4605. Hearing will take place in the city or county of the
Seller.
In no case shall the viewer, visitor, member, subscriber or
customer have the right to go to court or have a jury trial. Viewer, visitor,
member, subscriber or customer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator’s decision will be final
and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Viewer, visitor, member,
subscriber or customer agrees to that the sole and proper jurisdiction to be
the state and city declared in the contact information of the web owner unless
otherwise here specified. In the event that litigation is in a federal court,
the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases, be that of the state of
the Seller.
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