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About AFM-EPF > Terms of Use

Terms of Use

By using this website (the "Site"), you are agreeing to accept and comply with the terms and conditions of use as stated below (the "Terms of Use"), which may be updated by AFM-EPF ("we", "us") from time to time without notice to you. You should visit this page periodically to review the then-current Terms of Use. We may, in our sole discretion, terminate your access to the Site at any time and without notice, including without limitation due to any violation by you of these Terms of Use. We reserve the right any time and from time to time to discontinue permanently or temporarily the Site, any portion thereof or any service provided therein, with or without notice.

Limited Right of Use/Ownership of Contents

The contents of and materials published on the Site (the "Contents") are intended for the personal, noncommercial use of its users; any use of the Contents for a purpose not expressly authorized herein without our prior written permission is strictly prohibited. All Contents are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by us or the other party credited as the provider of such Contents.

Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part.

Modifications to the Site

We reserve the right from time to time to make modifications and changes to the Site, including but not limited to discontinuing, temporarily or permanently, any service offered by us or through the Site, with or without notice. You agree that we shall not be liable to you or to any other party for any changes and modifications to the Site.

Indemnification

By accessing and/or using the Site, you agree to indemnify, defend and hold AFM-EPF and its officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Limitation of Liability

You expressly understand and agree that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON "AS IS", "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT ANY SERVICE PROVIDED THROUGH THE SITE WILL (i) MEET ANY OF YOUR REQUIREMENTS, (ii) BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERROR OR OMISSION, (iii) PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED.

WE HEREBY EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT AND POLICIES OF ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

Miscellaneous

These Terms of Use constitute the entire agreement between you and us and govern your use of the Site and any services offered through the Site. This agreement supercedes any prior terms of use or other agreements concerning the subject matter hereof between you and us.

Except as governed by federal law, these Terms of Use and the relationship between you and us shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these Terms of Use or the Site.

You agree that, except as expressly provided herein, there shall be no third party beneficiaries of these Terms of Use and the agreements contained herein.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

The entire Site is Copyright ©2005 AFM-EPF. All rights reserved.

 
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