Disclaimer of Warranty—Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
CPG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION
CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
YOU SPECIFICALLY ACKNOWLEDGE THAT CPG IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH
IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CPG'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY
RIGHTS WHICH MAY NOT BE DISCLAIMED.
Monitoring
CPG shall have the right in its sole discretion to refuse to post
or remove any material submitted to or posted on the site. Without
limiting the foregoing, CPG shall have the right to remove any
material that CPG, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
Indemnification
You agree to defend, indemnify and hold harmless CPG
and its affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
Trademarks
CPG Advisors and their logos are trademarks of CPG
Advisors, Inc. All rights reserved. All other trademarks appearing on
the site are the property of their respective owners.
Viruses
CPG also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or
browsing in the Site or your downloading of any materials, data, text,
images, video, or audio from the Site.
Changed Terms
CPG has the right at any time to change or modify
the terms and conditions applicable to use of the site, or any part
thereof, or to impose new conditions, including, without limitation,
adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by any means including, without limitation, posting on
the site, or by electronic or conventional mail, or by any other means.
Any use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or deletions.
Miscellaneous
These terms of use constitute the entire agreement
of the parties with respect to the subject matter hereof and supersede
all previous written or oral agreements between the parties with respect
to such subject matter. These terms of use shall be construed in accordance
with the laws of the State of New York, without regard to its conflict
of laws rules. You hereby consent to the personal jurisdiction of the
State of New York, acknowledge that venue is proper in any state or
Federal court in the State of New York, agree that any action related
to these terms of use must be brought in a state or Federal court in
the State of New York, and waive any objection that may exist, now or
in the future, with respect to any of the foregoing. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal
import.
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