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---
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title: OpenPOWER Foundation Web Systems Terms of Use
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date: 2022-01-16
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draft: false
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---
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## Legal Notices ##
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The OpenPOWER Foundation, hereby also known as the Operators of this Website, provide it as a public service to our users.
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Please carefully review the following basic rules that govern your use of the Website.
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Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use.
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If you (the _User_) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from the Website.
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OpenPOWER Foundation reserves the right to update or modify these Terms and Conditions at any time without prior notice to User.
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Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed.
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For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
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These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third-party sites.
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These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference,
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contain the entire agreement (the _Agreement_) between you and the OpenPOWER Foundation with respect to the Website.
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Any rights not expressly granted herein are reserved.
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## Permitted and Prohibited Uses ##
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You may use the Website for the sole purpose of sharing and exchanging ideas with other Users.
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You may not use the Website to violate any applicable local, state, national, or international law,
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including without limitation any applicable laws relating to antitrust or other illegal trade or business practices,
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federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission,
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any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and
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re-export of commodities or technical data.
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You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret,
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or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
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You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code,
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nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive
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to the ordinary operation of the Website.
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You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening,
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abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically,
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or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct
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that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
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You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers,
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fax numbers, email addresses or other contact information that may appear on the Website,
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for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials,
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whether by facsimile, email, or other technological means.
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You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes.
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The OpenPOWER Foundation shall deem the compiling of marketing and mailing lists using Users’ personal information,
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the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties
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for marketing purposes as a material breach of these Terms and Conditions of Use, and reserve the right to terminate or suspend your access
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to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
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The OpenPOWER Foundation note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence
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also may constitute violations of various state and federal anti-spam statutes.
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The OpenPOWER Foundation reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and
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government authorities, and will fully cooperate with any authorities investigating violations of these laws.
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## User Submissions ##
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The OpenPOWER Foundation does not want to receive confidential or proprietary information from you through the Website.
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Any material, information, or other communication you transmit or post (_Contributions_) to the Website will be considered non-confidential.
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All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them,
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including the OpenPOWER Foundation members and the Website users.
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If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time.
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Before making contributions to this site, get written permission from your employer.
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## User Discussion Lists and Forums ##
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The OpenPOWER Foundation Website administrators may, but are not obligated to, monitor or review any areas on the Website
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where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists,
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and the content of any such communications.
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The Website administrators, however, will have no liability related to the content of any such communications,
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whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
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The Website administrators may edit or remove content on the Website at their discretion at any time.
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## Use of Personally Identifiable Information ##
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Information submitted to the Website is governed according to the OpenPOWER Foundation's current Privacy Policy and the stated license of this website.
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You agree to provide true, accurate, current, and complete information when registering with the Website.
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It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete.
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If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect
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that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or
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terminate your account without notice and to refuse any and all current and future use of the Website.
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Although sections of the Website may be viewed simply by visiting the Website,
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in order to access some Content and/or additional features offered at the Website,
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you may need to sign on as a guest or register as a member.
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If you create an account on the Website, you may be asked to supply your name, address, a User ID and password.
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You are responsible for maintaining the confidentiality of the password and account and are fully responsible
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for all activities that occur in connection with your password or account.
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You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security.
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You further agree that you will not permit others, including those whose accounts have been terminated,
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to access the Website using your account or User ID.
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You grant the Website administrators and all other persons or entities involved in the operation of the Website
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the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of
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the Website and in the provision of services to you.
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The Operators cannot and do not assume any responsibility or liability for any information you submit,
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or your or third parties' use or misuse of information transmitted or received using website.
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To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.
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## Indemnification ##
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You agree to defend, indemnify and hold harmless the OpenPOWER Foundation, Website administrators and operators, agents, vendors or
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suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees,
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arising from or related to your use or misuse of the Website, including, without limitation, your violation of
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these Terms and Conditions, the infringement by you, or any other subscriber or user of your account,
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of any intellectual property right or other right of any person or entity.
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## Termination ##
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These Terms and Conditions of Use are effective until terminated by either party.
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If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website.
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If you are dissatisfied with the Website, their content, or any of these terms, conditions,
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and policies, your sole legal remedy is to discontinue using the Website.
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The Operators reserve the right to terminate or suspend your access to and use of the Website,
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or parts of the Website, without notice, if we believe, in our sole discretion,
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that such use :
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1. is in violation of any applicable law
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2. is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity
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3. where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
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## WARRANTY DISCLAIMER ##
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THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN _AS IS_ AND _AS AVAILABLE_ BASIS.
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TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY.
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THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS,
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OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY
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AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.
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THE OPENPOWER FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION,
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CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
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IN NO EVENT SHALL THE OPENPOWER FOUNDATION, WEBSITE ADMINS OR OPERATORS OR ANY OF THEIR AGENTS,
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VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
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BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE,
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EVEN IF THE OPENPOWER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
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LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS
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AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
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LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT.
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THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED,
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DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE.
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YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS,
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THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE,
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BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
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LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
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NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS,
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VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH
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THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
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THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
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LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
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EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
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THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00).
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USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND
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THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
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## General ##
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The Website is hosted in the European Union.
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The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States or European Union.
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Access to the Content may not be legal by certain persons or in certain countries.
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If you access the Website from outside the United States or the European Union,
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you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
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A party may give notice to the other party only in writing at that party’s principal place of business,
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attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing.
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Notice shall be deemed given upon personal delivery or facsimile, or,
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if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or,
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if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing.
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If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way.
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Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and
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economic effect of the unenforceable provision.
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Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.
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The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and
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shall not limit the Operators' rights with respect to such breach or any subsequent breaches.
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Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of
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the United States, and you consent to the exclusive personal jurisdiction and venue of such courts.
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Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim
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or cause of action arises. These Terms set forth the entire understanding and agreement of the parties and supersedes
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any and all oral or written agreements or understandings between the parties, as to their subject matter.
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The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
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## Links to Other Materials ##
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The Website may contain links to sites owned or operated by independent third parties.
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These links are provided for your convenience and reference only.
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We do not control such sites and, therefore, we are not responsible for any content posted on these sites.
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The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site,
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its content or the companies or products referenced therein, and the Operators reserve the right to note
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its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website,
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you do this entirely at your own risk.
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Because some sites employ automated search results or otherwise link you to sites containing information
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that may be deemed inappropriate or offensive,
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the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained
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in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
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## Notification of Possible Copyright Infringement ##
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In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.
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