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The following
terms and conditions ("Terms and Conditions") govern
your use of ExpertWitnessSearch.com (this "Site")
operated by Witness Search, and any services contained within
the Site. These Terms and Conditions include our Privacy Policy
and supplemental terms and conditions ("Supplemental
Terms") that will govern your use of specific Witness
Search services ("Additional Services").
By using
or downloading any materials from this Site, you agree to
these Terms and Conditions. In addition, you agree to the
applicable Supplemental Terms by using or downloading materials
from that Additional Service (if applicable). Please note
that the pages on the Site may contain other proprietary notices
and copyright information, the terms of which must be observed
and followed.
Unless
otherwise noted, all information, text, articles, data, images,
documents (as defined below), software or other materials
(collectively hereinafter referred to as the "Materials")
contained on any page within this Site are copyrighted by
Witness Search or a third party (hereinafter collectively
referred to as the "Copyright Holder"). Title to
copyright in the Materials will at all times remain with the
Copyright Holder. You may only use, download or copy the Materials
contained in the Site in accordance with the Terms and Conditions.
Any permitted copies of the Materials must retain the copyright
notice, and any other proprietary notices contained in such
Materials. Unless otherwise provided in the Terms and Conditions,
you may not edit, modify or make use of the Materials without
the express, prior written consent of Expert Witness Search.
You may not use any content contained in the Materials in
any manner that may give a false or misleading impression
or statement as to the Expert Witness Search, the Copyright
Holder, or any third party referenced in the Materials. Nothing
on this Site shall be construed as conferring any license
under any Copyright Holder's intellectual property rights,
whether by estoppel, implication or otherwise. You agree to
use the Site and the Materials and services and products on
the Site or accessible via the Site only for lawful purposes.
Expert Witness Search may revoke any of the foregoing rights,
as well as any access and use authorizations granted to users
of the Site at any time.
Except
as specifically provided in these Terms and Conditions (including
any applicable Supplemental Terms), any reproduction, distribution,
replication or retransmission of any information contained
on this Site without the prior written consent of Witness
Search is strictly prohibited.
Notice
With Regard to Documents on this Site. Permission to display,
copy and/or download any papers, articles or other works of
authorship on this Site (the "Documents") is hereby
granted, provided that (a) the copyright notice set forth
on the Document and a statement that the Document is being
reproduced under permission of the Copyright Holder both appear
on such displayed, copied or downloaded Document, (b) use
or reproduction of such Documents from this Site is for informational
or personal use only, and (c) no modifications of any Documents
are made. Any other use of the Documents is expressly prohibited.
Disclaimers
and Limitation on Liability
Disclaimer
of Warranties The contents of this Site, including, without
limitation, the materials, are provided "as is",
and Witness Search makes no representations or warranties
expressed or implied, of any kind with respect to this Site
or its contents. Witness Search disclaims all representations
and warranties, including, without limitation, warranties
of merchantability, fitness for a particular purpose, title
and non-infringement.
Disclaimer
of Accuracy. Witness Search does not represent or warrant
that the information accessible via this Site is accurate,
complete or current. This Site could contain typographical
errors or technical inaccuracies. Witness Search reserves
the right to add to, change or delete its content or any part
thereof without notice. Any price or availability of information
is subject to change without notice. Additionally, this Site
may contain information provided by third parties, which includes,
without limitation, the documents and/or software. Witness
Search makes no representation or warranty regarding the accuracy,
truth, quality, suitability or reliability of such information.
Witness Search is not responsible for any errors, omissions
or inaccuracies contained in any information provided by such
third parties.
Limitation
on Liability. Neither Witness Search nor any of its members,
directors, employees or other representatives will be liable
for damages arising out of or in connection with the use of
this Site or any information, products or services contained
herein, which includes, without limitation, the materials,
even if advised of the possibility thereof. This is a comprehensive
limitation of liability that applies to all damages of any
kind, including, without limitation, indirect, special and
consequential damages, loss of data, income, profit or goodwill,
loss of or damage to property and claims of third parties.
You have
sole responsibility of adequate protection and backup of data
and/or equipment used in connection with the Site and will
not make any claim against Witness Search for lost data, rerun
time, inaccurate output, work delays or lost profits resulting
from the use of the materials.
Limitation
on Liability of Copyright Holders. Copyright holders will
not be liable for any direct, indirect, special or consequential
damages, loss of data, income, profit or goodwill or damage
to property arising out of any use of the materials or performance
or implementation of the contents thereof.
Links
to Third Party Sites. Any other web sites that are accessible
via any link on this Site are not under the control of Witness
Search. Witness Search is not responsible for the contents
of any linked site or any link contained in a linked site,
or any changes or updates to the information contained in
such sites. Witness Search provides the linked sites to you
only as a convenience and the inclusions of any such link
on the Site does not imply the Witness Search's endorsement
of the site, the organization operating such site, nor any
products or services of that organization. Your linking to
any off-site pages or other sites is entirely at your own
risk.
References
to Products or Services . Information published by Witness
Search on the Site may contain references or cross references
to Witness Search products or services that are not announced
or available in your country. Such references do not imply
that Witness Search intends to announce such products or services
in your country.
User Input.
Unless otherwise provided in the Terms and Conditions, any
communication, material or feedback with regard to contents
on this Site transmitted by a user of this Site via electronic
mail or otherwise, including any data, questions, or comments
regarding the content of any Document or other information
contained on the Site, such information shall be deemed to
be non-confidential and Witness Search shall have no obligation
of any kind with respect to such information and shall be
free to reproduce, use, disclose and distribute the information
to others without limitation. Further, Witness Search shall
be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever including,
without limitation, publication on the Site, or other Witness
Search publications, and developing, manufacturing, and marketing
products using such information. Witness Search shall have
no obligation to compensate the contributor of such information
in any manner.
Governing
Law; Venue for any Proceedings. Any action, proceeding, dispute,
claim or controversy arising out of or relating to this Site
or these Terms and Conditions, or any Witness Search products
or Witness Search services offered on or accessed via the
Site, shall (i) be governed by New York State law and controlling
U.S. federal law, without application of any choice of law
rules and (ii) be subject to the exclusive jurisdiction of
the courts of the State of New York located in New York County
or of the United States District Court of the Southern District
of New York, and you hereby submit to the jurisdiction of
said courts.
Complete
Agreement; Changes to the Terms and Conditions. These Terms
and Conditions represent the entire understanding relating
to the use of the Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. Expert Witness
Search shall have the right to revise and modify the Terms
and Conditions at any time by posting the revised Terms and
Conditions on the Site. Any use of the Site after such posting
shall be deemed to constitute acceptance of the revised Terms
and Conditions by the user.
Trademarks.
All company names or other marks appearing on this Site are
the trademarks of their respective owners. Nothing contained
in the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark
displayed on the Site without prior written permission of
Witness Search or other trademark owners.
Indemnification.
You agree to defend, indemnify, and hold harmless Witness
Search, its officers, directors, employees, members, agents
and affiliates from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your breach of the Terms
and Conditions. Witness Search shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
Termination.
Witness Search may terminate this agreement at any time. Upon
termination, you agree to cease all use of this Site. Without
limiting the foregoing, Witness Search shall have the right
to immediately terminate your access and use of the Site,
or any portion of the Site, in the event of any conduct by
you or through your account which Witness Search, in its sole
discretion, considers to be unacceptable, or in the event
of any breach by you of the Terms and Conditions.
Please
contact us if you have any questions about these Terms and
Conditions, including our online privacy policy.
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