TERMS AND CONDITIONS OF USE
Last Updated: 11/28/2004
Your Obligations and Responsibilities
In accessing and using the Site, you shall comply with these Terms and Conditions and any other instructions for access or use posted on the Site. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any content available on the Site, including but not limited to text, graphics, logos, images, audio clips, data and software, whether individually or collectively (the "Content"), and may not impair in any way the integrity or operation of the Site.
All Content is the property of the Two Percent Company or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of the Two Percent Company or our licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as permitted by the limited licenses in Section 4 below, or as permitted by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit, in whole or in part, the Content, Trademarks or any other portion of the Site for any purpose without our prior written consent.
We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) create any derivative work based upon either the Site or Content; (iv) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the technology infrastructure supporting the Site.
We also grant you a limited, revocable, nonexclusive license to create a hyperlink to the home page or any other page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may link to, but not reproduce, our Content (except as set forth below); (ii) may not imply that we are endorsing such Web site or its products, services or content; (iii) may not misrepresent its relationship with us; (iv) may not portray us or our Content in a false or misleading manner; and (v) may not use any Trademark. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
We further grant you a limited, revocable, nonexclusive license to reproduce and comment upon individual articles, or portions thereof, that constitute our original Content for personal, non-commercial use only, provided that such reproduction and commentary: (i) does not imply that we are endorsing such reproduction and commentary; (iii) does not misrepresent its relationship with us; (iv) does not portray us or our Content in a false or misleading manner; and (v) does not use any Trademark. We may, in our sole discretion, request that you remove such reproduction and commentary, and upon receipt of such request, you shall immediately remove such reproduction and commentary. This limited license does not permit you to reproduce any substantial portion of our Content or our Content in its entirety.
Third Party Web Sites
If you make a Submission, you represent and warrant that such Submission does not infringe, misappropriate or otherwise violate the intellectual property rights of any person or entity. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of spam. You may choose to provide your name, e-mail address and/or Web site in connection with making Submissions, and to store this information in a cookie on your computer to facilitate future Submissions. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. We reserve the right to reject or remove any Submissions in our sole discretion.
You agree to defend, indemnify and hold us harmless from any losses, damages, costs or expenses, including but not limited to, reasonable attorney's fees and expenses, resulting from any third party claim, action or demand resulting from your use or misuse of the Site, including but not limited to, third party claims, actions or demands resulting from your Submissions.
Disclaimer; Limitation of Liability
THE SITE IS PRESENTED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT (A) THE CONTENT GENERALLY REPRESENTS OUR OPINIONS AND THE OPINIONS OF THE USERS OF THE SITE, AND (B) THE CONTENT IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT IS COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE TWO PERCENT COMPANY, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, IS OR WILL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), COST, EXPENSE, INJURY, CLAIM, DEMAND OR OTHER LIABILITY OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR ATTEMPTED USE OF THE SITE OR ANY THIRD PARTY SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE TWO PERCENT COMPANY, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE IS OR WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARY SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (F) INACCURACIES OR OMISSIONS IN CONTENT, INCLUDING BUT NOT LIMITED TO SUBMISSIONS; (G) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY PERSON OR ENTITY OR (H) EVENTS BEYOND OUR REASONABLE CONTROL.
Governing Laws; Disputes
These Terms and Conditions and the use of the Site shall be governed by the laws of the State of New Jersey without regard to its conflict of laws principles. You and the Two Percent Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey, County of Passaic for all disputes arising out of or relating to these Terms and Conditions and/or the use of the Site.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice.
Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to enforce any provision of these Terms and Conditions will not affect our full right to enforce such provision at any time thereafter, nor will our waiver of a breach of any provision of these Terms and Conditions be interpreted to be a waiver of the provision itself. If any provision of these Terms and Conditions is held to be unenforceable or invalid under applicable law, the remainder of these Terms and Conditions will remain enforceable and valid to the fullest extent permitted by applicable law.