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 individual, 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.
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 [email protected].