intellectual property rights
You acknowledge and agree that the intellectual property of Owner is and shall remain the sole property of Owner and your use of Owner's Web site shall not confer on you any right of ownership or license rights in Owner's intellectual property. In particular, any and all text, graphics, audio, designs, software and other works on an Owner Web site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of Owner or its third party suppliers or alliance partners. Any use of any Works, including reproduction, modification, distribution or republication, without the prior written permission of its respective owner is strictly prohibited. Removing or changing the copyright notice on any Works is prohibited. All page headers, graphics, logos, button icons, service marks, trademarks and/or trade dress displayed on the Web site (collectively, the "marks") are the property of Owner or its alliance partners. You may not use the marks for any purpose except with the prior written consent of Owner or its respective owner.
third party information
Owner may from time to time provide links and pointers to web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party material on its web site. Third Party Sites and third party materials are provided as a convenience only. Owner has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and Owner is not responsible for any information provided at or the privacy policies of any Third Party Sites. Owner makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that Owner has provided a link to any Third Party Site does not constitute an endorsement, authorization, sponsorship or affiliation by Owner with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. Owner expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
disclaimer and limitations
Owner PROVIDES EACH Owner WEB SITE "AS IS" AND ON AN "AS AVAILABLE" BASIS AND HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, Owner DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS LOCATED ON OR LINKED TO ANY OF Owner'S WEB SITES. ACCORDINGLY, ALL CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON?INFRINGEMENT. IN NO EVENT SHALL Owner BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Owner SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT , CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, ANY OF Owner'S WEB SITES OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
You acknowledge that the above disclaimer and limitations reflect a fair allocation of risk between you and Owner and such allocation is reflected in the amount payable to Owner for your use of Owner's web site.
The validity, interpretation and performance of these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflict of law provisions of any jurisdiction. The state and federal courts serving Newark County, Delaware shall have exclusive jurisdiction over any case or controversy that may arise under, related to or in respect of these Terms or your use of any Owner web site. If any provision of these Terms is or become invalid or is ruled illegal by any court of competent jurisdiction or is deemed unenforceable, the remainder of these Terms shall not be affected thereby. A provision which is as similar as possible in economic and business objectives as such invalid, illegal or unenforceable provision, but which is valid, legal and enforceable, shall be substituted in lieu of each such provision which is invalid, illegal, or unenforceable. These Terms, together with the Privacy Statement, embody the entire understanding between User and Owner and supersede any prior understanding and agreements between them with respect to access to and use of any Owner web site. There are no representations, agreements, arrangements or understandings, oral or written, between you and Owner relating to the subject matter of these Terms which are not fully expressed in these Terms. Except for amendments to the Privacy Statement made from time to time (which changes will be posted on each Owner web site), no change, modification, extension, termination or waiver of these Terms, or any of the provisions contained in these Terms, shall be valid unless made in writing and approved by User and a duly authorized representative of Owner.