Acceptance of Terms
The following are the terms and conditions for use of the newport-oconnor.com
Web site (the "Site"), which is owned and operated by Newport O'Connor
("Newport O'Connor"). Please read them carefully. The Site is only provided
to individuals who are at least 18 years old, and it is offered to you subject
to your acceptance without modification of all of the terms, conditions, and
notices contained herein (the "Terms of Use"). If you are not at least 18 years
of age or if you do not agree to all of these Terms of Use, then do not access
or use this Site.
BY USING ALL OR ANY PART OF THE SITE YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
User Rules and Conduct
Any unauthorized commercial use of Site content is expressly prohibited. As
a condition of your use, you promise to Newport O'Connor that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms
of Use. You agree to abide by all applicable local, state, national, and international
laws and regulations and are solely responsible for all acts or omissions that
occur as a result of your use of the Site, including the content of any postings
and/or transmissions to or via the Site. By way of example, and not as a limitation,
you agree that you will not upload, post, submit, or otherwise distribute or
facilitate distribution of any content (including text, communications, software,
images, sounds, data, or other information) using any communications service,
discussion group, message board, directory, survey, contest, or other interactive
service that may be available to you on or through the Site, that: is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene, profane, or which otherwise
violates the Terms of Use; victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability; infringes any patent, trademark,
trade secret, copyright, right of publicity, or other right of any party; constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"),
chain letters or any form of lottery or gambling; contains software viruses
or any other computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the function of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any system, data, or
other information of any third party; or impersonates any person or entity,
including any employee or representative of Newport O'Connor. You agree that
you will not harvest or collect information about the users or members of the
Site or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications, nor will
you attempt to gain unauthorized access to the Site, other accounts, computer
systems or networks connected to the Site, through password mining or any other
means.
Third-party Sites
The Site may link you to other Web sites on the Internet. These Web sites may
contain information or material that some people may find inappropriate or
offensive. These other Web sites are not under Newport O'Connor's control,
and you acknowledge that Newport O'Connor is not responsible for the accuracy,
copyright compliance, legality, appropriateness, or any other aspect of the
content of such Web sites. The inclusion of any such link does not imply endorsement
of the Web site by Newport O'Connor or any association with its operators.
Participation In Promotions Of Affiliates
Any dealings with advertisers and other vendors (collectively, "Site Affiliates")
on the Site or participation in promotions, including the delivery of and the
payment for goods and Sites, and any other terms, conditions, warranties, or
representations associated with such dealings or promotions, are solely between
you and the Site Affiliate or other third party. Newport O'Connor is not responsible
or liable for any part of any such dealings or promotions.
Proprietary Rights
You acknowledge and agree that all content and materials available on the Site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. Except as expressly authorized by Newport O'Connor, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content. However, you may print or
download one copy of the materials or content on this Site to any single computer
for your personal, non-commercial use, provided that you retain all copyright
and other proprietary notices. Systematic retrieval of data or other content
from this Site to create or compile, directly or indirectly, a collection,
database or directory without written permission from Newport O'Connor is prohibited.
Reproducing, copying or distributing any content, materials or design elements
on the Site Web site for any commercial purpose is strictly prohibited without
the express prior written permission of Newport O'Connor. Use of the content
or materials for any purpose not expressly permitted in these Terms of Use
is prohibited.
User's License To Newport O'Connor
By uploading, posting, submitting, or otherwise distributing content of any
kind to the Site Web site, you:grant Newport O'Connor and its affiliated companies
and licensees the irrevocable, non-exclusive right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed, promote, and make derivative
works of the content in any form, anywhere and for any purpose; represent and
warrant to Newport O'Connor that you own or otherwise control all of the rights
to such content and that public posting and use of your content by Newport
O'Connor will not infringe or violate the rights of any third party; and acknowledge
that the content will become publicly available to users of the Site.
Disclaimer Of All Warranties
The information and services included in or available through the Site may include
inaccuracies or typographical errors. Changes are periodically added to the
information herein. Newport O'Connor and/or its respective suppliers may make
improvements and/or changes in the Site at any time. Newport O'Connor does
not represent or warrant that the Site will be uninterrupted or error-free,
that defects will be corrected, or that the Site or the server that makes it
available are free of viruses or other harmful components. Newport O'Connor
does not represent or warrant that the use or the results of the use of the
Site or the materials made available as part of the Site will be correct, accurate,
timely, or otherwise reliable. You specifically agree that Newport O'Connor
will not be responsible for unauthorized access to or alteration of your transmissions
or data, any material or data sent or received or not sent or received, or
any transactions entered into through the Site. You specifically agree that
Newport O'Connor is not responsible or liable for any threatening, defamatory,
obscene, offensive, or illegal content or conduct of any third party or any
infringement of another's rights, including intellectual property rights. You
specifically agree that Newport O'Connor is not responsible for any content
sent using and/or included in the Site by any third party. ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE
OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Newport O'Connor, IT'S AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE
WEB SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL Newport O'Connor, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR ITS CONTENT.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NEWPORT O'CONNOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
NEWPORT O'CONNOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Newport O'Connor and its affiliates,
and their employees, contractors, officers, directors and representatives from
all liabilities, claims, and expenses, including attorneys' fees, that arise
from your use or misuse of the Site. Newport O'Connor reserves the right, at
it own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with Newport O'Connor in asserting any available defenses.
International Use
Newport O'Connor makes no representation that the information, materials, or
other content on this Web site are appropriate or available for use in locations
outside the United States, and accessing the Site from territories where such
content is illegal is prohibited. Those who choose to access the Site from
other locations do so at their own initiative and are responsible for compliance
with local laws.
Disputes; Choice Of Law and Forum
A printed version of these Terms of Use and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. You and Newport O'Connor agree that any cause of action arising
out of or related to the Site must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred. These
Terms of Use shall be governed by and construed in accordance with the laws
of the State of New York, excluding its conflicts of law rules, and the United
States of America. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms of Use or your
use of this Web site shall be filed only in the state or federal courts located
in New York, New York, USA, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such
claim or action. Use of the Site is not authorized in any jurisdiction that
does not give effect to all provisions of these Terms of Use, including without
limitation, this paragraph.
Severability and Integration
Unless otherwise specified herein, these Terms of Use constitute the entire
agreement between you and Newport O'Connor with respect to the use of this
Site and supersede all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and Newport O'Connor with
respect to this Site (but excluding the use of any software which may be subject
to a separate end-user license agreement). If any part of these Terms of Use
is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Termination
Newport O'Connor may terminate your access to all or any part of the Site at
any time, with or without cause, with or without notice, effective immediately.
Copyright and Trademark Notices
All contents of the Site are: Copyright © 2001 - 2005 Newport O'Connor, and/or
its suppliers, c/o Newport O'Connor, 444 Madison Avenue, Suite # 3202, New York, NY, 10022. All rights reserved. Newport
O'Connor and all products and services referenced herein are either trademarks
or registered trademarks of Newport O'Connor. The names of actual companies
and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
|
|
|
|
|
|||
|
|
|
||
|
|||
 |
|
 | |
|
|
||
 |
 | |
||