4. Prohibited Conduct. You are required to comply with all applicable laws and regulations in connection with your access to and/or use of the Site or any of Site content and such further limitations or restrictions as may be set forth in any written or on-screen notice from Company. As a condition to your use of the Site, you represent and warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Without limiting the generality of the foregoing, you expressly agree that you will not, either personally or through an agent:
Use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Site or for purposes of registering for any promotions, contests or surveys offered through the Site;
Use any device or other means to harvest information about other Users;
Transmit, install, upload or otherwise transfer any virus to the Site or transmit, install, upload or otherwise transfer any other item or process to the Site that in any way affects the use, enjoyment or service of the Site, host or network;
Interfere or attempt to interfere in any manner with the use, enjoyment or service of the Site, including, without limitation, by “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
Post any material on the Site that is offensive to any other User. Company maintains the exclusive right to determine what is offensive;
Modify any information, including headers, found on the Site;
Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication;
Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Company on the Site and other generally available third-party web browsers (e.g., Microsoft Internet Explorer);
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
Engage in any action that Company determines is detrimental to the use and enjoyment of the Site;
Use the Site for any unlawful or defamatory means;
Post or store on the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and/or publicity rights); and/or
(m) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Disclaimer and Limitation of Liability. Although Company has attempted to provide accurate information on the Site, it makes no representation, guarantee or warranty of any kind, express or implied, as to the reliability, accuracy, timeliness or completeness of that information (and assumes no responsibility for any errors or omissions therein), or as to the products or services Company may provide. YOU ACCESS AND USE THIS SITE AND THE CONTENT THEREOF AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED.
NEITHER COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY DAMAGES OR LOSS RESULTING FROM ACCESS TO, USE OR UNAVAILABILITY OF, INFORMATION OR CONTENT ON THIS SITE, OR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS ALSO APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. COMPANY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. Company is not responsible for any inaccuracies, typographical errors or any other mistakes on the Site or in any content you may obtain from the Site, and reserves the right to make corrections.
Trade and Service Marks. All rights in product names, Company names, trade names, logos, product packaging and designs of Company and/or third-party products or services, whether or not appearing in large print or with the trademark symbol on this Site (collectively, “Marks”), are trademarks or service marks of Company, its affiliates, related companies and/or its licensors, unless otherwise noted. The use or misuse of these Marks or any other materials, except as permitted by Company, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. User does not have any right or license of any kind to use any such Marks. Please be advised that Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
7. Third Party Websites, Links and Content. This Site may contain links or references to other websites maintained by third parties over whom Company has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom Company has no control. Company is not the publisher or endorser of any information on the Site that is provided by third party content providers or by Users. Any mention on the Site of products or services provided by third parties, and/or the inclusion of any third party link, is for informational purposes only and constitutes neither an endorsement nor a recommendation by Company. Company makes no representation, guarantee or warranty of any kind, either express or implied, as to the accuracy, currency, completeness, merchantability or fitness for a particular purpose of any information provided by third parties on this Site or the existence or functionality of any website which can be accessed through a link located on this Site. Company is not liable for any claims related to such information or related to any content or information on third party websites and assumes no responsibility for any products or services provided by third parties or third party websites. Any dealings between User and any third party mentioned on or found through the Site are solely between the User and the third party, and are subject to any terms, conditions, warranties or representations associated with those dealings.
8. Interactive Areas of the Site. Bulletin boards, chat rooms and other interactive areas of the Site, if any, are provided to give Users an interesting and stimulating form to express their opinions and share ideas and information. Given the nature of the Site and the volume of the messages and postings, Company cannot and does not monitor all of the material posted on the Site or transmitted through the Site by Users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone number and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and knowing that such information could be used to identify you.