
Acceptance of Terms
Welcome to the website (the "website") of Doran
Consulting, LLC. ("Doran Consulting, LLC"). On this
website, Doran Consulting, LLC makes available to
you a wide range of information, software, products,
downloads, documents, communications, files, text,
graphics, publications, content, tools, forums,
resources, and services.
With the exception of the main search engine bots
such, the use of data-mining/extraction software or
bots by any company that is not collecting data for
a search engine is strictly forbidden. In particular
the use of Picscout will be treated as
'hacking'.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. By accessing and using this
website in any way, including, without limitation,
browsing the website, using any information, using
any content, using any services, downloading any
materials, and/or placing an order for products or
services, you agree to and are bound by the terms of
use described in this document ("Terms of Use"). IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THE TERMS OF USE, DO NOT USE THIS
WEBSITE IN ANY MANNER. The Terms of Use are entered
into by and between Doran Consulting, LLC and you.
If you are using the website on behalf of your
employer, you represent that you are authorized to
accept these Terms of Use on your employer's behalf.
Doran Consulting, LLC reserves the right, at
Doran Consulting, LLC's sole discretion, to change,
modify, update, add, or remove portions of the Terms
of Use at any time without notice to you. Please
check these Terms of Use for changes. Your continued
use of this website following the posting of changes
to the Terms of Use will mean you accept those
changes.
Use of Materials Limitations
All materials contained in the website are the
copyrighted property of Doran Consulting, LLC, its
subsidiaries, affiliated companies and/or
third-party licensors. All trademarks, service
marks, and trade names are proprietary to Doran
Consulting, LLC, or its subsidiaries or affiliated
companies and/or third-part licensors.
Unless otherwise specified, the materials and
services on this website are for your personal and
non-commercial use, and you may not modify, copy,
distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from,
transfer, or sell any information, software,
products or services obtained from the website
without the written permission from Doran
Consulting, LLC.
Use of Documents and Publications on the
Website
Except as expressly prohibited on this website,
you are permitted to view, copy, print and
distribute publications and documents within this
website (such as FAQs, white papers, datasheets,
press releases and so on), subject to your agreement
that: a) your use of the information is for
informational, personal, and non-commercial purposes
only, b) you will not modify the documents,
publications or graphics, c) you will not copy or
distribute graphics separate from their accompanying
text and you will not quote materials out of their
context, d) you will display the below copyright
notice and other proprietary notices on every copy
you make, and e) you agree that Doran Consulting,
LLC may revoke this permission at any time and you
shall immediately stop your activities related to
this permission upon notice from Doran Consulting,
LLC. Use for any other purpose is expressly
prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
The permission above to use documents and
publications does not include permission to copy the
design elements, look and feel, or layout of this
website. Those elements of the website are protected
by law, such as trade dress, trademark, unfair
competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic,
sound or image from the website may be copied or
retransmitted unless expressly permitted by Doran
Consulting, LLC.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DORAN
CONSULTING, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND
PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE
WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
DORAN CONSULTING, LLC AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL DORAN
CONSULTING, LLC AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. DORAN CONSULTING, LLC
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR
THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT
NOTICE.
Disclaimers and Other Notices on the User of
the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL
INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS,
SERVICES AND PUBLICATION ARE PROVIDED "AS-IS"
WITHOUT WARRANTY OF ANY KIND AND DORAN CONSULTING,
LLC HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, DORAN CONSULTING, LLC DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET
ENJOYMENT. IN NO EVENT SHALL DORAN CONSULTING, LLC
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS,
PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU
ASSUME ALL RISKS CONCERNING THE SUITABILITY AND
ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
DORAN CONSULTING, LLC ASSUMES NO RESPONSIBILITY FOR
AND DISCLAIMS ALL LIABILITY FOR ANY SUCH
INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY
OTHER REFERENCE.
DORAN CONSULTING, LLC MAY MAKE CHANGES TO THE
WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS,
PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND
MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT
NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE
DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN
REFERENCES OR CROSS-REFERENCES TO DORAN CONSULTING,
LLC PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT
BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH
REFERENCES DO NOT IMPLY THAT DORAN CONSULTING, LLC
INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR
SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL DORAN
CONSULTING, LLC BUSINESS CONTACT FOR INFORMATION
REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH
MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES
WHICH ARE NOT UNDER THE CONTROL OF DORAN CONSULTING,
LLC AND DORAN CONSULTING, LLC IS NOT RESPONSIBLE FOR
THE CONTENTS ON ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. DORAN CONSULTING, LLC IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. DORAN
CONSULTING, LLC IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY THAT DORAN CONSULTING, LLC ENDORSES OR
ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH
THIRD-PARTY SITES.
Accounts and Security
If any of the services on the website requires
you to open an account, you must complete the
registration process by providing us with true,
current, complete and accurate information as
prompted by the applicable registration form, and
you will maintain and promptly update such
information to keep it true, current, complete and
accurate. You also will choose a password and a user
name. You are entirely responsible for maintaining
the confidentiality of your password and account.
Furthermore, you are entirely responsible for any
and all activities that occur under your account.
You agree to notify Doran Consulting, LLC
immediately of any unauthorized use of your account
or any other breach of security. Doran Consulting,
LLC will not be liable for any loss that you may
incur as a result of someone else using your
password or account, either with or without your
knowledge. However, you could be held liable for
losses incurred by Doran Consulting, LLC or another
party due to someone else using your account or
password. You may not use anyone else's account at
any time, without the permission of the account
holder. You acknowledge and agree that certain
services may provide password-restricted access to
customer information such as names and certain terms
of your contracts. By using this website and
registering for such services, you consent to Doran
Consulting, LLC's display of such information via
the services and accept all risks of unauthorized
access to such information. If you provide any
information that is false, inaccurate, out of date,
or incomplete, or Doran Consulting, LLC has
reasonable grounds to suspect that such information
is false, inaccurate, not current, or incomplete,
Doran Consulting, LLC may suspend or terminate your
account and refuse any and all current or future use
of the services or any portion thereof. You are
responsible for all costs and charges, including
without limitation, phone charges and
telecommunications equipment, that you incur in
order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the website, you
will not use the website for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any
manner that could damage, disable, overburden, or
impair any Doran Consulting, LLC server, or the
network(s) connected to any Doran Consulting, LLC
server, or interfere with any other party's use and
enjoyment of the website. You may not attempt to
gain unauthorized access to services, materials,
other accounts, computer systems or networks
connected to any Doran Consulting, LLC server or to
the website, through hacking, password mining or any
other means. You may not obtain or attempt to obtain
any materials or information through any means not
intentionally made available through the website.
Use of Services on the Website
The website may contain e-mail services, bulletin
board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo
albums and/or other message or communication
facilities designed to enable you to communicate
with others (each a "Communication Service" and
collectively "Communication Services"). You agree to
use the Communication Services only to post, send
and receive messages and material that are proper
and, when applicable, related to the particular
Communication Service. By way of example, and not as
a limitation, you agree that when using the
Communication Services or the website, you will not:
-
Use the Communication
Services or the website in connection with
surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or
otherwise).
-
Defame, abuse, harass,
stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity)
of others.
-
Publish, post, upload,
distribute or disseminate any inappropriate,
profane, defamatory, obscene, obscene as to
minors, child pornography, racist, lewd,
lascivious, filthy, excessively violent,
harassing, indecent, unlawful, or otherwise
objectionable topic, name, material or
information.
-
Upload, or otherwise make
available, files that contain images,
photographs, software or other material
protected by intellectual property laws,
including, by way of example, and not as
limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own
or control the rights thereto or have received
all necessary consent to do the same.
-
Use any material or
information, including images or photographs,
which are made available through the website in
any manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party.
-
Upload files that contain
viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other
similar software or programs that may damage the
operation of another's computer or property of
another.
-
Advertise or offer to sell
or buy any goods or services for any business
purpose, unless such Communication Services
specifically allows such messages.
-
Download any file posted
by another user of a Communication Service that
you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or
distributed in such manner.
-
Falsify or delete any
copyright management information, such as author
attributions, legal or other proper notices or
proprietary designations or labels of the origin
or source of software or other material
contained in a file that is uploaded.
-
Restrict or inhibit any
other user from using and enjoying the
Communication Services.
-
Violate any code of
conduct or other guidelines which may be
applicable for any particular Communication
Service.
-
Harvest or otherwise
collect information about others, including
e-mail addresses.
-
Violate any applicable
laws or regulations.
-
Create a false identity
for the purpose of misleading others.
-
Use, download or otherwise
copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the
Communication Services or other user or usage
information or any portion thereof.
-
Use any Doran Consulting,
LLC domain name as a pseudonymous return email
address for any communications that you transmit
from another location or through another
service.
-
Transmit unsolicited or
bulk communications to any Doran Consulting, LLC
account holder or to any Doran Consulting,
LLC.com or affiliated email address (regardless
of whether you use the website to transmit any
such communication).
-
Disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than
other users of the website are able to type, or
otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges.
Doran Consulting, LLC has no obligation to
monitor the Communication Services. However, Doran
Consulting, LLC reserves the right to review
materials posted to the Communication Services and
to remove and/or edit any materials in its sole
discretion. Doran Consulting, LLC reserves the right
to terminate your access to any or all of the
Communication Services at any time, without notice,
for any reason whatsoever.
Doran Consulting, LLC reserves the right at all
times to disclose any information as Doran
Consulting, LLC deems necessary 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 Doran Consulting, LLC's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your
children in any Communication Services. Doran
Consulting, LLC does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, Doran
Consulting, LLC specifically disclaims any liability
with regard to the Communication Services and any
actions resulting from your participation in any
Communication Services. Managers and hosts are not
authorized Doran Consulting, LLC spokespersons, and
their views do not necessarily reflect those of
Doran Consulting, LLC.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage,
reproduction and/or dissemination; you are
responsible for adhering to such limitations if you
download the materials.
Materials Provided to Doran Consulting, LLC or
Posted to the Website
Unless otherwise specified, Doran Consulting, LLC
does not claim ownership of the materials you
provide to Doran Consulting, LLC (including, without
limitation, information, ideas, concepts,
techniques, feedback, data, questions, comments and
suggestions, or the like) or post, upload, input or
submit to the website or its associated services for
review by Doran Consulting, LLC, the general public,
and/or by the members of any public or private
community (each a "Submission" and collectively
"Submissions"), and such Submissions shall be deemed
not to be confidential. However, by posting,
uploading, inputting, providing or submitting
("Posting") your Submission you are granting Doran
Consulting, LLC, its affiliated companies and
necessary sublicensees permission to use your
Submission in connection with the operation of their
businesses (including, without limitation, all Doran
Consulting, LLC services), including, without
limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and reformat your
Submissions; to publish your name in connection with
your Submission; develop, manufacture, and market
products incorporating such ideas, concepts, or
techniques, and the right to sublicense such rights
to any supplier of the services and/or materials on
the website.
No compensation will be paid with respect to the
use of your Submission, as provided herein. Doran
Consulting, LLC is under no obligation to post or
use any Submission you may provide and Doran
Consulting, LLC may remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in these Terms of
Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that
contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the
copyright owner of such Images, or that the
copyright owner of such Images has granted you
permission to use such Images or any content and/or
images contained in such Images consistent with the
manner and purpose of your use and as otherwise
permitted by these Terms of Use and the website, (b)
you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and
(c) that each person depicted in such Images, if
any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by
way of example, and not as a limitation, the
distribution, public display and reproduction of
such Images. By Posting Images, you are granting (a)
to all members of your private community (for each
such Images available to members of such private
community), and/or (b) to the general public (for
each such Images available anywhere on the website,
other than a private community), permission to use
your Images in connection with the use, as permitted
by these Terms of Use, of any of the services or
materials on the website (including, by way of
example, and not as a limitation, making prints and
gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, modify, translate and
reformat your Images without having your name
attached to such Images, and the right to sublicense
such rights to any supplier of the services and/or
materials on the website. No compensation will be
paid with respect to the use of your Images.
You acknowledge that Doran Consulting, LLC does
not pre-screen Submissions, but that Doran
Consulting, LLC and its designees have the right
(but not the obligation) in their sole discretion to
block or restrict access to or the availability of,
or to disable, any Submissions that is available via
the website. Without limiting the foregoing, Doran
Consulting, LLC and its designees may disable,
restrict access to or the availability of, any
Submissions that violates the Terms of Use or is
otherwise objectionable. You must evaluate, and bear
all risks associated with, the use of any
Submissions, including any reliance on the accuracy,
completeness, or usefulness of such Submissions.
You understand that all Submissions, whether
publicly posted or privately transmitted, are the
sole responsibility of the person from whom such
Submissions originated. This means that you, and not
Doran Consulting, LLC, are entirely responsible for
all Submissions that you upload, post, provide,
input, submit, or otherwise transmit via the
website. Doran Consulting, LLC does not control the
Submissions posted via the website and, as such,
does not guarantee the accuracy, integrity or
quality of such Submissions. You understand that by
using the website, you may be exposed to Submissions
from others that are offensive, indecent or
objectionable.
Spam E-mail and Postings
You agree that Doran Consulting, LLC would be
irreparably harmed by the use, by you or others, of
the website or facilities in connection with the
transmission of spam newsgroup postings or
unsolicited e-mail in violation of these Terms of
Use, and that Doran Consulting, LLC is entitled to
obtain injunctive relief against any such
transmission (in addition to all other remedies
available at law or in equity). Doran Consulting,
LLC reserves the right to block, filter or delete
unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold Doran
Consulting, LLC, and its subsidiaries, affiliates,
officers, agents, co-branders, partners, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of your Submissons,
your use of the website, including any use by your
employees, your connection to the website, your
violation of the Terms of Use, or your violation of
any rights of another.
Advertisements and Promotions
Doran Consulting, LLC may run advertisements and
promotions from third parties on the website. The
manner, mode and extent of advertising by Doran
Consulting, LLC is subject to change. Your
correspondence or business dealings with, or
participation in promotions of, advertisers other
than Doran Consulting, LLC found on or through the
website, including payment and delivery of related
goods or services, and any other terms, conditions,
warranties or representations associated with such
dealings, are solely between you and such
advertiser. Doran Consulting, LLC is not responsible
or liable for any loss or damage of any kind
incurred as the result of any such dealings or as
the result of the presence of such non-Doran
Consulting, LLC advertisers on the website.
General Information
The Terms of Use constitute the entire agreement
between you and Doran Consulting, LLC and govern
your use of the website, superseding any prior
agreements between you and Doran Consulting, LLC on
the subject matter (including, but not limited to,
any prior versions of the Terms of Use).
Notwithstanding the prior provision, to the extent,
and only to the extent, that any terms set forth in
this Terms of Use expressly contradicts any terms of
a prior written agreement between you and Doran
Consulting, LLC in effect as of the date of your use
of the website and specifically regarding your use
of the website ("Executed Agreement"), such
contradictory terms set forth in the Executed
Agreement shall govern. You also may be subject to
additional terms and conditions that may apply when
you use other Doran Consulting, LLC services,
third-party content or third-party software. You
must not assign or otherwise transfer the Terms of
Use nor any right granted hereunder.
Virginia law and controlling U.S. federal law
govern any action related to the Terms of Use,
without regard to the principles of choice of law.
The parties specifically disclaim the U.N.
Convention on Contracts for the International Sale
of Goods.
Doran Consulting, LLC controls and operates this
website from its headquarters in various locations
in the United States of America and makes no
representation that this website is appropriate or
available for use in other locations. If you use
this website from other locations, you are
responsible for compliance with applicable local
laws including but not limited to the export and
import regulations of other countries.
You acknowledge and agree that material on this
website is subject to the U.S. Export Administration
Laws and Regulations. Diversion of such material
contrary to U.S. law is prohibited. You agree that
none of the material on this website, nor any direct
product there from, is being or will be acquired
for, shipped, transferred, or re-exported, directly
or indirectly, to proscribed or embargoed countries
or their nationals, nor be used for nuclear
activities, chemical biological weapons, or missile
projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S.
Export Administration Regulations. Countries subject
to U.S. embargo are: Cuba, Iran, Libya, North Korea,
Syria, and Sudan. This list is subject to change
without further notice from Doran Consulting, LLC,
and you must comply with the list as it exists in
fact. You certify that you are not on the U.S.
Department of Commerce's Denied Persons List or
affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You
agree to comply strictly with all U.S. export laws
and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
The failure of Doran Consulting, LLC to exercise
or enforce any right or provision of the Terms of
Use does not constitute a waiver of such right or
provision. If a court of competent jurisdiction
finds any provision of the Terms of Use to be
invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full
force and effect. Regardless of any statute or law
to the contrary, any claim or cause of action
arising out of or related to use of the website or
the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be
forever barred. The section titles in the Terms of
Use are for convenience only and have no legal or
contractual effect. |