Terms of Service


OVERVIEW

The following are the terms and conditions (the "Terms") under which you (a "User") may use the H.M. Luther Inc. web sites (the "Company") at www.hmluther.com and/or any other addresses (any or all of which are herein referred to as the "Web Site"). Please read this page carefully. By accessing and using the Web Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Web Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Web Site, and you agree to be bound by such rules.

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.

SECTION 1 - THE MATERIAL ON THE WEBSITE

WARNING: The content of the Web Site is not intended for minors. Such content extends to a wide range of art and antiquities, is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive that may be harmful and/or illegal in the hands of minors and children and/or inappropriate for them to view or have access to. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child's use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Web Site.

The contents of the Web Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. The Company authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use, or in the case of customers, to display to your clients solely for purposes of facilitating a transaction with the Company. The use of any software that is made available for downloading from the Web Site ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Web Site shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or third parties. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your web site, please email info@hmluther.com.

The Company reserves the right to employ robot exclusion headers and similar mechanisms within the Web Site, and you agree that you and all persons and facilities under your control will honor such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the Web Site or the Material set forth in this Agreement, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of our Users or to recreate in original or modified form any substantial portion of the Web Site. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Web Site or any transactions being conducted on or in connection with the Web Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.

If you violate any provision of the Agreement, your permission to use the Material and the Web Site automatically terminate and you must immediately destroy any copies you have made of the Material.

SECTION 2 - PRIVACY; USER SUBMISSIONS

H.M. Luther, Inc. (“we” or “us”) respects the privacy rights of our clients, and we take measures to protect such information. We outline below our practices in relation to the collection and use of personal data. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which we will collect, use and process your personal data. Please read this Privacy Policy carefully to ensure you understand how we handle your personal data.

We may collect and process the following information about you:

- information you provide by filling in forms on our website (www.hmluther.com); and information given in hard copy form or by any other means providing: your name; date of birth; address; interests; marketing preferences; when appropriate your credit information; and any other personal information relevant to the services we provide. This information may be provided when you are registering interest, transacting with us, subscribing to our services or for newsletters or requesting information;

- correspondence or other contacts you may have with us;

- details of transactions you carry out through our website, and any communications by telephone, in person or by any other means relating to those transactions. This may include recording certain telephone conversations

- details of your visits to our website including, but not limited to, traffic data, web logs or other communication data and the resources you access.

The information you provide to us will be used for processing transactions but may also be used for internal data processing, such as compiling statistical information about your interests and the use of www.hmluther.com. As a service to you, we may also use this information to customize the content we offer on www.hmluther.com. If the Company is sold, your personal data maybe transferred to the purchaser of all or substantially all the assets of the company; however, the purchaser would continue to be bound by the terms of this Privacy Policy.

We may collect and process the following information obtained from your use of www.hmluther.com.

Cookies: A cookie is a simple text file that is stored on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or what’s in your Collection. Using our website will result in us placing cookies on your computer in the 3 categories set out below.

- Strictly necessary: These cookies are essential to enable you to move around the website and use its features, such as accessing secure areas of the website; many of the functions on our website will not work properly, or at all, if you do not allow these cookies to be used. We may therefore be unable to provide many of the services you may wish to request unless you accept the use of these cookies.

- Performance: These cookies collect information about how visitors use a website, for instance which pages visitors go to most often. These cookies do not collect information that identifies a visitor: all information these cookies collect is aggregated and is therefore anonymous. The information is only used to improve how the website works.

- Functionality: These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features (for example, remembering changes you have made to text size and fonts).

- Targeting or Advertising: We sometimes partner with third parties to deliver more relevant advertisements and to compile web statistics. These third parties may use cookies, web beacons and other tracking technology to monitor your visits to both H.M. Luther and other websites. They monitor your online behavior and identify website usage, helping advertisers show you advertising and content that is more relevant to you. Some examples of what Targeting and Advertising Cookies do:

- Provide advertisers with information about your visit to our websites so they can show you advertising that is relevant to you.

- Limit the number of times you see an advertisement.

- Help measure the effectiveness of an advertising campaign

Don't worry - none of these cookies store personally identifiable information and we only use trusted advertising partners. Just so you know, these third parties will have their own privacy policies and they may be different from ours.

H.M. Luther, Inc. provides users of www.hmluther.com the opportunity to inform others (each, a “recipient”) about items for sale on our site, which will require the sender to provide us with the recipient’s email address(es). At the sender’s request, H.M. Luther, Inc. will automatically send the recipient an email on behalf of the sender containing a link to the H.M. Luther, Inc. site which has the information about an item. H.M. Luther, Inc. will not initiate any further contact with the recipient, beyond the email sent on behalf of the sender, unless the recipient specifically “subscribes” for extra services by filling out a registration form.

If you, as a recipient, do not wish to receive further e-mails from the sender and H.M. Luther, Inc., please reply to the sender requesting they stop sending you the email in the future. H.M. Luther does not accept responsibility for any third party’s use (or misuse) of this service.

IP Address: We may collect information about your computer, including your internet address, operating system and browser type when you visit us. Your internet address is used to help identify and gather statistical or demographic information about our customers generally. We also use this information for internal system administration to help diagnose problems with our servers, to administer our website and the customer or user experience.

H.M. Luther, Inc. will collect, record, store and use your personal data for clearly specified purposes including but not limited to:

- providing you with information, products or services that you request from us or which we believe would interest you in a way that is targeted and relevant. This could include but is not limited to auctions, private sales, storage services and transportation, valuations, real estate, education and insurance;

- carrying out our obligations arising from any contracts entered into between you and us;

- notifying you about changes to our products and services;

- ensuring that our website is presented in the most effective manner for you and your computer

- selling or purchasing property or services

- (unless you object,) advising you of items for sale.

We may contact you for the above purposes by telephone call, email, text or SMS messaging and other means.

We will not share your personal data with anyone outside H.M. Luther, Inc. other than in accordance with the law and as stated in this Policy. Each of the countries in which we operate has different privacy laws. Our Privacy Policy will reflect those.

We may from time to time however need to disclose your personal data to certain third parties.

- Agents or Contractors of H.M. Luther, Inc.: We may need to disclose certain personal information to our Agents or Contractors to enable H.M. Luther, Inc. to process transactions or communicate with you. Where we do so it will be on the basis that these agents/contractors are required to keep the information confidential and secure, and will not use the information for any other purpose than to carry out the services they are performing for H.M. Luther, Inc..

-Anti-Money Laundering and Regulatory Authorities: We may need to retain and disclose certain information about you to regulatory authorities and to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud prevention, in particular, in compliance with our AML obligations and in relation to trade sanctions. We will disclose this information as is required by law.

- Credit Agencies: We may need to disclose certain personal information about you to credit agencies to conduct appropriate checks when you are transacting with us.

Legal Disclosures While we will not voluntarily disclose your personal data we may disclose such information if we are required to do so by a valid Court Order, if we are lawfully requested by government or law enforcement authorities, if we are required to do so pursuant to other legal processes, or if it becomes necessary to protect the rights or property of H.M. Luther.

In order to provide you with marketing information about our products and services, we may contact you by email, text, SMS or any other messaging service, telephone, fax and by post. At the bottom of any marketing emails you will have a clearly marked unsubscribe option from future mailings. In addition, you may at any time send an email to info@hmluther.com asking for your name to be removed from our lists.

You have the legal right to a copy of the information which we hold about you, including information on how this will be used and to ensure this information is accurate. You also have the right to ask us not to process your personal data for marketing purposes - you can exercise this right by checking certain boxes on the forms we use to collect data or at any time by contacting us at info@hmluther.com

While we will take steps to protect the security of your personal information, we cannot guarantee that information during transmission through the internet or any computer network is entirely safe from unauthorized intrusion, access or manipulation. We will have no liability for disclosure of information due to errors or unauthorized acts of third parties. In any event, where we believe personal data has been compromised, we will notify you of this.

The H.M. Luther, Inc. site contain links to other websites which are not operated by H.M. Luther, Inc.. The information you provide to us will not be transmitted to other websites. However, these websites may collect personal information about you in accordance with their own privacy policies. H.M. Luther, Inc. is not responsible for the privacy practices or the content of such websites.

We will hold your information on our systems for as long as is necessary for the relevant activity, or for as long as is specified in any agreement between you and us.

We reserve the right to amend or update this Privacy Policy and any of our privacy practices at any time. We will notify users of this website by posting any updated policy on this page and such changes will be effective immediately and without further notice. Where appropriate, we may notify you directly of changes to the Privacy Policy either through email or a prominent notice on our website.

If you have any queries in relation to the use and protection of your personal data please contact us at info@hmluther.com.

The Company may provide certain areas of the Web Site (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) to any Public Area, you automatically grant the Company a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. (Provisions conferring similar rights on the Company may apply under separate terms or agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable agreements or terms provided by the Company in order to ascertain your rights.)

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Material; or (9) post or transmit any information containing a virus or other harmful component.

If notified by a User of communications that allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the Web Site for violating this Agreement or the law. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion

Please contact us at info@hmluther.com should you wish to update or remove your information from our records.

If you have any queries in relation to the use and protection of your personal data please contact us at info@hmluther.com.

THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

SECTION 3 - REGISTRATION, PASSWORDS AND SIGNATURES

In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).

You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Company's Web Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify the Company of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

SECTION 4 - USE OF THE COMMERCE PORTIONS OF THE WEBSITE

The commerce portions of the Web Site are available only to clients of the Company. This excludes in all cases minors (persons who have not reached their eighteenth birthday).

SECTION 5 - LINKS TO OTHER SITES

The Web Site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites,

SECTION 6 - LIABILITY DISCLAIMERS

The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Advice received via the Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.

Unless specifically noted, lighting and other electronic items sold by H.M. Luther are not UL approved and are wired for display only. Vintage wiring, sockets, and other elements are often retained to establish age & authenticity. It is important that all purchasers establish for their own satisfaction the needs of local electrical and building codes.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.

ALL SALES THROUGH H.M. LUTHER, INC. ARE FINAL.

SECTION 7 - DISCLAIMERS OF CERTAIN DAMAGES

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 8 - INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

SECTION 9 - EXPORT CONTROL OF SOFTWARE AND TECHNICAL DATA

The following applies with respect to Software and other Material of a technical nature that you may obtain from the Web Site (other requirements set forth in Section 10 below may apply with respect to items offered for sale, purchased or sold): The United States controls the export of such items. You agree to comply with such restrictions and not to export or re-export the Material (including Software) to countries or persons prohibited under the export control laws. By downloading the Material (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Software and/or other Material.

SECTION 10 - IMPORT AND EXPORT REGULATIONS REGARDING TANGIBLE PROPERTY

The United States and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property. Many countries also prohibit or restrict importation or exportation of property containing ivory, tortoiseshell, whalebone, and/or products derived from other endangered or protected species, and require special licenses or permits in order to import or export such property. Other countries regulate movement of antiquities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported. It is the responsibility of the seller to ensure that the item is properly and lawfully exported from the country in which it is located. It is the responsibility of the buyer to ensure that the property is properly imported into the buyer's country. If you participate in the commerce portions of the Web site, and, as a result, purchase property that you plan to ship to another country, you agree that you are responsible for familiarizing yourself with and complying with any and all applicable rules and regulations.

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE BUYER OR ANY THIRD PARTY IN RESPECT OF THE AVAILABILITY OR ISSUANCE OF VALID IMPORT AND EXPORT PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.

SECTION 11 - GENERAL

The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

The Web Site is based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the state courts for or within New York County in the State of New York, and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, and signed by an authorized representative of the Company.