These terms are subject to change at any time, effective upon notice to you. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on our site. Each use by you shall constitute and be deemed your unconditional acceptance of this agreement. Accordingly, your continued use of this site after any such change indicates your agreement to be bound by these changed terms, whether or not you had actual notice or the opportunity to review such changes. Your sole remedy, if you decide you no longer want to be bound by these terms is to discontinue use of our site.
Privacy and use of information.
You should also know, that when you use our site, send e-mails to us, or use our contact form, you are communicating with us electronically. You consent to receive communications from us electronically as well. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Legal compliance and indemnification.
In addition to the above, you further agree that all information provided by you is truthful and accurate to the best of your knowledge and that you will comply with all applicable laws regarding your use of the site. You also agree to indemnify, defend and hold this site, the site owner, and its partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this agreement or use of the site. Warning re: offensive information. It is possible that other site visitors will post or send obscene or offensive materials to the site or respond negatively or inappropriately to you via comments or other means, including via e-mail if you provide them with such information. It’s also possible that by using your e-mail address, other people may, through means outside of the control of the site, have access to personal information about you. The site, site owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
Right to monitor.
The site and site owner reserve the right, but are not obligated, to monitor comments, reviews, photographs and other materials posted in any area of the site and shall have the right to remove any information deemed offensive or inappropriate by us or our staff. Notwithstanding the foregoing, you remain solely responsible for your use of the site and any information, services, applications or other uses obtained through the site.
Links to other sites.
Any dispute or claim relating in any way to your use of our site or any of its features will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The international arbitration act of 1974, as amended and specifically, the united states arbitration laws and rules as administrated by the American arbitration association shall apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this term of use agreement just as a court would. Payment of all filing, administration and arbitrator fees will be governed by the aaa’s rules.
The site, nor the site owner will seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where our offices are located. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or another misuse of intellectual property rights. Jurisdiction. This agreement or any dispute arising from this agreement is governed by the laws of (New York), without regard to provisions of conflicts of law. Any lawsuit arising from or related to this agreement, that qualifies to be brought outside of an arbitration proceeding shall be brought exclusively before the appropriate court in the city and county of (New York) in the state of (New York), and you hereby consent to the jurisdiction of any such court. Severability. In the event any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.