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This Web site (the "Web site") is owned and operated
by J.R. O'Dwyer Co., Inc. (together with its business partners
and affiliates, "O'Dwyer's" or "We") whose
mailing address is 271 Madison Ave., #600, New York, NY 10016.
Your use of this Web site is governed by the provisions contained
in these Terms and Conditions (the "Terms and Conditions").
Please take a few minutes to review these provisions. Your
use of the Web site constitutes your agreement to be bound
by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE WEB SITE.
Use Of This Web Site:
You may access and use this Web site solely pursuant to these
Terms and Conditions for your indivual, personal, non-commercial use.
Any use contrary to as stated herein requires our prior consent.
Registration and Passwords:
If you access the Web site anonymously, you may do so as a
visitor and will not be required to provide personally identifiable
information. However, in order to access certain services
and content on the Web site, you may be required to register
to become a Subscriber of the Web site. You must provide truthful
information when signing up to become a subscriber, and may
not use any aliases or other means to mask your true identity.
Upon successful registration you may be issued a username
and password. The username and password provided should be
safeguarded at all times. User is responsible for the security
of their username and password and will be solely liable for
any use or unauthorized use under such username and password.
Unauthorized Access:
You agree not to attempt to gain unauthorized access to the
Web site or any restricted portion of the Web site, interfere
with the performance of the Web site, exceed the permitted
use, attempt to access any other user's data or otherwise
compromise any aspect of the Web site. You may not use spiders,
robots or other automated data mining techniques to catalog,
download, store or otherwise reproduce, store or distribute
content available on the Web site. You may not take any action
to interfere with the Web site or any other user's use of
the Web site, including, without limitation, via means of
overloading, "flooding", "mailbombing"
or "crashing" the Web site. You may not send unsolicited
e-mail, including promotions and/or advertising of products
or services, through the Web site or forge any TCP/IP packet
header or any part of the header information in any e-mail
or posting. User may not frame portions of the Web site within
another web site or establish links from any other web site
to any page of the Web site other than the home page.
Information:
Any information you provide or upload through this Web site
must be truthful information and you may not use any aliases
or other means to mask the true identity of any party. You
may not upload any information regarding a person or entity
without the express right of that party. No obligation or
liability shall be imposed upon O'Dwyer's as a consequence
of any communication solicited or received by it through the
Web site.
Proprietary Rights:
All pages and content within this Web site, including but
not limited to, articles, reviews, polls, logos, images the
software which operates the Web site, text, graphics, photographs,
music or other materials, are the property of, or are authorized
for use by, O'Dwyer's.
EXCEPT AS EXPRESSLY PERMITTED
IN THESE TERMS AND CONDITIONS, YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE IN ANY WAY
CONTENT AVAILABLE ON THIS WEB SITE WITHOUT THE PRIOR WRITTEN
CONSENT OF O'DWYER'S.
Warranty: You
hereby acknowledge that the services and content provided
on this Web site are for informational purposes only. Access
to the services may be subject to interruption by reason of
scheduled or unscheduled downtime or inherent technical limitations
of server technology or Internet connectivity or due to the
complexity underlying Internet operations. We make no warranty
that the services or content will operate as represented,
be entirely free of technical or factual errors or provide
results that meet your expectations.
Nothing on this Web site shall constitute any offer of employment,
and no assurance is made that you will receive a temporary
or permanent position, or any employment offer through postings
available on the Web site. We make no warranty as to the accuracy
or completeness of any such employment appearing on the Web
site.
THIS WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR
ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, O'DWYER'S AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY
THE SOFTWARE ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY
SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH
OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE WEB SITE. FURTHER, O'DWYER'S DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. O'DWYER'S DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL O'DWYER'S BE LIABLE UNDER ANY THEORY OF
TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES,
COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL
DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL
DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF
THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall O'Dwyer's liability for any damages under
all claims exceed the amounts actually paid by you to O'Dwyer's
for access to the Web site during the most recent twelve (12)
months.
Indemnification:
You agree to indemnify, defend and hold harmless O'Dwyer's,
its employees, directors, officers, agents and representatives
from and against any and all third party claims, demands,
liabilities, costs or expenses, including reasonable attorney's
fees, arising from, or related to, any breach by you of any
of these Terms and Conditions or applicable law.
Privacy: We take
the privacy of you and your information very seriously. For
further information about how we use information collected
from you, please view our Privacy
Policy.
Changes: These
Terms and Conditions may be changed at any time without prior
notice. We will make such changes by posting them here. Your
continued access to, or use of, the Web site conclusively
demonstrates your acceptance of those changes prospectively.
Severability:
If any part of these Terms and Conditions shall be held or
declared to be invalid or unenforceable for any reason by
any court of competent jurisdiction, such provision shall
be ineffective but shall not affect any other part of these
Terms and Conditions.
Governing Law.
The laws of the State of New York shall govern these Terms
and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE
JURISDICTION IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW
YORK FOR ANY AND ALL ACTIONS.
Questions: Should
you have any questions regarding these Terms and Conditions
you may contact us at subscriptions@odwyerpr.com.
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