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Welcome to Index Atlas web site (the "Site"), and thank you for reviewing our Terms of Use. These Terms of Use apply to your use of the Site. Index Atlas and affiliated companies (collectively, "Index Atlas," or "we," "us," or "our") own and operate the Site and provide the services found on the Site.
By accessing, using, browsing, or buying on this Site, you agree that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws, rules and regulations.
We offer our Site and its services only to people who, and parties that, may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site.
These Terms of Use may be revised from time to time. If we revise these Terms of Use, we will post the revised version on the Site. The revisions will be effective immediately. Please re-read these Terms of Use in the future from time to time for changes. By using this Site after we have changed the Terms of Use, you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms of Use, please do not use the Site.
Further, we may change our Site at any time to add or remove features, services or operations in our sole discretion, and without liability to any user.
You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the Site.
You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
In order to ensure that we can provide high quality services to all our users, we reserve the right to investigate potential abuses of these Terms of Use, and, where we deem it appropriate, we may contact law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required by law.
We reserve the right, in our sole and absolute discretion, to suspend or terminate your right to access our Site if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our services, or violated, or attempted to violate these Terms of Use.
These Terms of Use do not apply to your use of unaffiliated sites to which our Site only links.
We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site, except as otherwise expressly stated on another site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
We may modify or discontinue the Site or any of the services or features of the Site, with or without notice, without liability to you, any other user or any third party for any reason.
You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis. Index Atlas assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications.
You understand and expressly agree that: (1) use of the Site and its services is solely at your risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of Index Atlas web site is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDEX ATLAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OR INFORMATION OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR; (iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF INDEX ATLAS.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INDEX ATLAS DISCLAIMS ANY AND ALL SUCH WARRANTIES.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INDEX ATLAS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
You agree to indemnify, defend and hold harmless Index Atlas, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, reasonable attorneys fees, arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Index Atlas and its successors, assigns and licensees.
Index Atlas grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, software, messages, posts, data, information or other materials, is the property of Index Atlas, an affiliate of Index Atlas or other content owners and suppliers and is protected by United States. and foreign copyright laws and international conventions. As between you and Index Atlas, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Index Atlas and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Index Atlas or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping and educational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site
If you believe that material included on the Site infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. Please provide us with the following information:
- Your name, address, telephone number, and e-mail address;
- The name and address of the owner of the copyright interest;
- An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you believe has been infringed;
- Identification of the URL or other specific location on the Index Atlas web site where the material that you believe is infringing is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may contact Index Atlas web site's agent for notice of claims of copyright infringement on this Site by email at inquiry@indexatlas.com.
Index Atlas is registered trademark in the United States and other countries, and used by permission. These trademarks may not be used in connection with any product or service that is not associated with Index Atlas, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Index Atlas.
The Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence and by using this Site you consent to the exclusive jurisdiction of the courts of the State of New York, U.S.A.
The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of Use are for convenience only and are not to be relied upon. Index Atlas’ failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Index Atlas’ right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Index Atlas must be made in writing and signed by an authorized representative of Index Atlas specifically referencing this Agreement and the provision to be waived.
You may direct questions about the Terms of Use, or other issues, to:
Index Atlas
140 Broadway
New York, NY 10005 USA
Attn: Michael Moriarty
Email: mmoriarty@indexatlas.com
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