TERMS + CONDITIONS
Welcome to the Mei Reve website or mobile properties, including related applications (collectively, this “Website”). The following terms and conditions (the "Terms and Conditions") govern your use of this web site provided to you by Mei Reve LLC or one of its subsidiaries, and any content, features, tools, service, or functionality made available from or through this web site, including any subdomains thereof, or application (the "Web Site"). The Web Site is made available by Mei Reve LLC or its subsidiaries ("we" or "us" or "our"), each of which have adopted these Terms and Conditions with regard to its web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. Please read these Terms and Conditions carefully before accessing or using our Web Site. By using and accessing the Web Site, you voluntarily accept and agree to these terms and conditions as applied to your use of the Web Site, including policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Web Site, including without limitation users who are customers, vendors, merchants, service providers, and/or contributors of content. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Web Site or use any services. The content contained in this Web Site is protected by applicable copyright and trademark law.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a MeiReve account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. Mei Reve does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
· (i) use this Website or its contents for any commercial purpose
· (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
· (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· (v) deep-link to any portion of this Website for any purpose without our express written permission; or
· (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
· (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Mei Reve in connection with the Website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any site, hotel, or restaurant reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Mei Reve and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Mei Reve may choose to provide attribution of your comments or reviews at our discretion. You further grant Mei Reve the right to pursue at law any person or entity that violates your or Mei Reve's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If Mei Reve provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Mei Reve;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of Mei Reve, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Mei Reve or its affiliates or its users to any harm or liability of any type.
Mei Reve takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Mei Reve liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Mei Reve is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Mei Reve has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Mei Reve reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Mei Reve or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Mei Reve, and its licensees, successors and assigns, from any claims that you could otherwise assert against Mei Reve by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
As between you and us, we own, solely and exclusively, all rights, ownership and interest in and to the Web Site, all the content (including but not limited to, photographs, illustrations, graphics, other visuals, audio, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
You may access and view the content on the Web Site on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, any commercial, or non-commercial, or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from us, or our authorized personnel, or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Web Site, you may not post, display, publish, copy, reproduce, distribute, transmit, modify, broadcast, transfer, create derivative works from, sell, resell, or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any Trademarks and Copyright, copyright, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by copying or otherwise using any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Trademarks and Copyright.
The Trademarks, copyright, logos, service marks and trade names (collectively the "Trademarks and Copyright") displayed on or in connection with the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and Copyright and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks and Copyright not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks and Copyright displayed on the Web Site or on or through any of the Web Site's services is strictly prohibited.
All our information, advertising copy, taglines and other literature are copyright of Mei Reve LLC. Copying, transmitting, storing or using any of these materials in whole or in part without our permission infringes our copyright and is prohibited except to the extent permitted below: Limited Copying Notice These pages and the separate copyright works contained therein may be viewed on screen, downloaded or printed for your personal use as is reasonable for private purposes. You may recopy material on our app to other individuals for their personal information only if:
- You acknowledge our Web Site as the source of the material (you must include such acknowledgement and ‘Mei Reve LLC’ in the copy of the material);
- You inform the third party that these Terms and Conditions apply to him/her and that he/she must comply with them.
This ability to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of the Web Site content may be distributed or copied for any commercial purpose. No part of our Web Site may be reproduced on or transmitted to or stored in any other form of electronic retrieval system. Unauthorised copying, hiring, lending, transmission and broadcasting of this Web Site including the text, sound, video and artwork (in any part or in whole form) is strictly prohibited.
Prohibited User Conduct.
You warrant and agree that, while using the Web Site and the various services, features and functionality offered on or through the Web Site, you shall not: (a) copy or distribute any content, or misrepresent your affiliation with any right holder or entity, Trademarks and Copyright; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or, except as otherwise specifically authorized in these Terms and Conditions or on the Web Site use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Web Site or the Web Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could interfere with any other party's use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site, or via an extension of the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Right to Monitor and Editorial Control.
Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a us, or through a forum, may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to the Web Site.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Orders for Products and Services.
We may make certain products and/or services available to visitors and registrants of the Web Site. If you order any products and/or services, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and/or that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Mei Reve LLC disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. Mei Reve LLC cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Embedded Video Links.
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us, with the following information:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS MEI REVE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. MEI REVE, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "MEI REVE, LLC COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, VACATION RENTAL PROPERTIES, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.).
MEI REVE,LLC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE MEI REVE, LLC COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE MEI REVE LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE MEI REVE, LLC COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEI REVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING HOTEL OR TRAVEL INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MEI REVE, LLC. MEI REVE, LLC ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE MEI REVE, LLC COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE MEI REVE, LLC COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MEI REVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the Mei Reve, LLC Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the Mei Reve, LLC Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Mei Reve for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Mei Reve, LLC Companies.
DISCLAIMER OF WARRANTIES.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Web Site, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than our authorized employee spokespersons while acting in their official capacities (including, without limitation, other users of the Web Site). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Prior to the execution of a purchase or sale of any product and/or service, you are advised to consult with professionals to verify pricing and other information. We shall have no liability for purchase or sale decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the Web Site shall be construed as purchase or sale advice.
Without limitation of the above in this section, we and our affiliates, suppliers and vendors make no warranties or representations regarding any products or services ordered or provided via the Web Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the web site or in correspondence with us or our agents. Any products and services ordered or provided via the Web Site are provided by us "as is," except to the extent, if at all, otherwise set forth in a purchase or sale agreement separately entered into in writing between you and us or vendor or supplier.
Medical Side Effects.
A very small percentage of people may experience medical side effects when exposed to certain visual images, such as flashing lights or patterns that may appear in electronic or online content. Even people who have no history of various conditions may have an undiagnosed condition that can cause certain unexpected symptoms while viewing electronic content. These symptoms may include lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or other symptoms, you should immediately stop using the Web Site and consult a doctor.
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.