THIRD PARTY SERVICES AND ASSOCIATED LINKS
WARRANTIES/LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND/OR OUR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND/OR OUR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MAKOR AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EXECUTIVES, EMPLOYEES, OWNERS, AND AUTHORIZED AGENTS (COLLECTIVELY, THE “COVERED PARTIES”), SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR OUR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAKOR AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MAKOR AND YOU. THE WEBSITE AND/OR OUR CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAKOR THROUGH THE WEBSITE AND/OR OUR CONTENT SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
MAKOR IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND/OR OUR CONTENT WHETHER CAUSED BY MAKOR OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON THE WEBSITE AND/OR OUR CONTENT; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF MAKOR AND THE COVERED PARTIES TO YOU OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO MAKOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAKOR SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR OUR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
You agree to indemnify, defend and hold MAKOR, its parents, subsidiaries and affiliates, and each of their respective officers, directors, executives, employees, owners, and authorized agents, harmless from any and all loss, liability, claims and/or demands (including reasonable attorneys’ fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website and/or Content and/or arising from your breach of these Terms.
To the extent the law permits, you release us from any claims or liability related to any Content posted on the Website, our Content, and/or from any claims related to the conduct of any other customers of ours. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
By accessing and using the Website, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by these Terms. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to these Terms.
We may change or discontinue the Website or any of the Content at any time without prior notice. We reserve the right to terminate these Terms at our election and for any reason, without prior notice. In the event of any termination, you will immediately cease access to the Website and Content.
The Website and the Content are controlled, operated and administered by MAKOR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MAKOR content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
DISPUTE RESOLUTION/GOVERNING LAW:
Should you violate the Terms pertaining to Account Responsibilities, Intellectual Property, Copyright Claims, and/or Rules regarding User Conduct, you acknowledge that those violations will be of such a character that MAKOR will be irreparably injured and cannot be adequately compensated by money damages. Accordingly, you agree that MAKOR may, in addition to pursuing its other remedies, apply for injunctive relief from any Federal or State Court having jurisdiction of the matter in the City, County, and State of New York, USA, restraining such violation, whether threatened or actual, and no bond or other security shall be required in connection with such injunction. The parties hereby consent to the jurisdiction of any such Court in which an application for injunctive relief is brought. The foregoing shall be in addition and without prejudice to such other rights that MAKOR may have at law or in equity.
Any other matters shall be resolved either by Small Claims Court in New York, New York if the dispute amounts to $5000 or less, or by arbitration before one (1) arbitrator, pursuant to American Arbitration Association commercial arbitration rules, in its offices in New York, New York. 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 action or arbitration including attorneys’ fees and costs incurred in enforcing the terms and conditions of these Terms.
If a provision of these Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Neither party shall be liable for nonperformance or delay in performance, other than the obligations regarding payment of money or confidentiality, caused by an event reasonably beyond the control of the party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other act of God, or any law, proclamation, regulation, ordinance, or other act or order of any court, government, or governmental agency. A party’s decision to waive or ignore a breach or default of these Terms shall not be deemed a waiver on any future breach or default. These Terms are subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates. If you object to any of these Terms, or become dissatisfied with the Website and/or Content or any subsequent modifications to these Terms, your sole recourse is to immediately discontinue the use of the Website.
CONSENT TO ENGLISH LANGUAGE
The parties hereto confirm their express wish that these terms and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
We welcome your questions or comments regarding the Terms. Contact us at info@MakorCenter.org.