Effective as of May 15, 2008
The Web Site is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Web Site contains copyrighted material, trademarks and other proprietary information of Sellers Dorsey and others (collectively, “Proprietary Material”), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Sellers Dorsey.
THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH USER.
Sellers Dorsey does not warrant that the functions of the Web Site will meet User requirements or that the operation of the Web Site will be uninterrupted or error free.
No Liability for Loss or Injury
Neither Sellers Dorsey not any of its third party suppliers and/or licensors shall be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, delivering or using information contained in the Web Site.
Links to Third Party Sites
The Web Site may contain hyperlinks to web sites operated by parties other than Sellers Dorsey. Such hyperlinks are provided for reference only. Sellers Dorsey does not control such web sites, and is not responsible for their contents. Sellers Dorsey’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Limitations on Liability and Remedies
SELLERS DORSEY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL SELLERS DORSEY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE WEB SITE, EVEN IF SELLERS DORSEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The privacy policies of Sellers Dorsey are accessible by clicking here. By using the Web Site and accepting these Terms, User expressly consents to use of User’s information, as enumerated in the then-current privacy policies of Sellers Dorsey, as such policies may be amended from time to time.
Sellers Dorsey may terminate User’s right to access the Web Site at any time, with or without cause, in Sellers Dorsey’ absolute discretion and without notice.
Right to Modify Terms
Sellers Dorsey has a right to modify the Terms in any manner and at any time, with or without cause, in Sellers Dorsey’s absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Web Site. Users continued use of the Web Site following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User’s only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of Sellers Dorsey in providing the Web Site, is to cease use of the Web Site.
Right to Modify Web Site
Sellers Dorsey may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site. User’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.
These Terms are governed by the laws of the Commonwealth of Pennsylvania and the laws of the United States, without reference to conflict of laws principles. The federal and state courts located in Philadelphia, PA shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and User hereby expressly consents to such exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of Sellers Dorsey to act with respect to a breach by a User does not waive Sellers Dorsey’s right to act with respect to subsequent or similar breaches. User may not assign or transfer this Agreement or his or her rights hereunder, and any attempt to the contrary is void. Sellers Dorsey shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User’s access to and use of the Web Site. This Agreement sets forth the entire understanding and agreement between Sellers Dorsey and User with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.