Your Use of our Website
Your Communication on our Site
Permitted Uses and Restrictions
Personal, Non-Commercial Use. You may view our Sites and you are welcome to print hard copies of written material on it for your personal, non-commercial use. All other copying without prior written permission, whether in electronic, hard copy or other format is prohibited and all other rights are reserved. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without the Company’s express written permission.
Use of Automated Systems. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.
This Site may contain links to other sites. The Company is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site and reference to third-party information, products or services linked to by this Site, is not, and should not be construed as, an express or implied endorsement by the Company. Any questions or comments relating to such other sites should be addressed to the operators of those Sites.
You may not copy, use or retransmit anything from or on the Site without permission. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. Any commercial or promotional distribution, publishing or exploitation of the Site or any of its content, code, data or materials thereon is strictly prohibited. You are prohibited from engaging in any conduct that interferes with the technological operation of the Site or that tampers with any copyright protection applicable to the content of the site. Ignoring this policy may result in copyright, trademark or other intellectual property violations.
Our Site includes protectable service marks, trademarks and trade dress owned and/or licensed by the Company and its affiliates. Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of the Company, is strictly prohibited. All trademarks not owned or exclusively licensed the Company and its affiliates that appear on the Site are the property of their respective owners.
Some of the products shown on our Site are covered by one or more patents including, without limitation, U.S. Patent Nos. D459,748; 7,043,796; and/or D516,605.
We provide our Site, including without limitation its contents, on an "as is" basis and make no representations or warranties of any kind with respect thereto. In addition, although we make an effort to keep our Site current and accurate, we do not represent or warrant that the information accessible via our Site is accurate or complete and current pricing and availability information is subject to change without notice. The Company assumes no responsibility for any problems or technical malfunction to telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, email traffic congestion or any combination thereof, including any injury or damage resulting from any such problems or malfunctions. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). The Company does not represent or warrant that your use of the site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that the content is accurate or correct. Your use of this site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you.
Limitation of Liability Under no circumstance shall the Company or the managers, directors, officers, employees, agents, contractors, counsel, successors and assigns for the Company or any affiliates be liable to you or any third party for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from loss of data, loss of income or profit, the use of or inability to use this site or any portion thereof including, without being limited thereto, any offering that may be made therein, even if the Company has been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Company had been advised of the possibility of such liability. The total liability of the Company to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the Site. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of the Company in such jurisdiction shall be limited to the extent permit by the law thereunder.
You agree that the Company, in its sole discretion and without prior notice, may terminate, suspend or limit your access to or use of the Site at any time and for any reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Site (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for any termination of your access to the Site. Upon any such termination, your right to use the Site will immediately cease. You agree that neither the Site nor the Company will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.stayafe.org.
This Site is designed and intended for use by adults only. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.
The Company may provide you with notices, including those regarding changes to the TOU, by means including but not limited to email, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOU by accessing the Site in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
Information, Complaints or Violations
If you have a question or complaint regarding the Site, or if you would like to report a violation of these TOU, please send an e-mail to using this contact form or writing to us at: Robert Marc, 450 West 15th Street, Suite 605 New York, NY 10011.
Void Where Prohibited
Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Terms and Condition Changes