Terms and Conditions
The following terms and conditions ("Terms and Conditions") govern
your use of this web site (this "Site") operated by Witness Search,
and any services contained within the Site. These Terms and Conditions include
our Privacy Policy and supplemental terms and conditions ("Supplemental
Terms") that will govern your use of specific Witness Search services
("Additional Services").
By using or downloading any materials from this Site, you agree
to these Terms and Conditions. In addition, you agree to the applicable Supplemental
Terms by using or downloading materials from that Additional Service (if applicable).
Copyrighted Information and Copyright Agent . Please note that
the pages on the Site may contain other proprietary notices and copyright information,
the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data,
images, Documents (as defined below), software or other materials (collectively
hereinafter referred to as the "Materials") contained on any page
within this Site are copyrighted by Witness Search or a third party (hereinafter
collectively referred to as the "Copyright Holder"). Title to copyright
in the Materials will at all times remain with the Copyright Holder. You may
only use, download or copy the Materials contained in the Site in accordance
with the Terms and Conditions. Any permitted copies of the Materials must retain
the copyright notice, and any other proprietary notices contained in such Materials.
Unless otherwise provided in the Terms and Conditions, you may not edit, modify
or make use of the Materials without the express, prior written consent of Witness
Search. You may not use any content contained in the Materials in any manner
that may give a false or misleading impression or statement as to the Witness
Search, the Copyright Holder, or any third party referenced in the Materials.
Nothing on this Site shall be construed as conferring any license under any
Copyright Holder's intellectual property rights, whether by estoppel, implication
or otherwise. You agree to use the Site and the Materials and services and products
on the Site or accessible via the Site only for lawful purposes. Witness Search
may revoke any of the foregoing rights, as well as any access and use authorizations
granted to users of the Site at any time.
Except as specifically provided in these Terms and Conditions (including any
applicable Supplemental Terms), any reproduction, distribution, replication
or retransmission of any information contained on this Site without the prior
written consent of Witness Search is strictly prohibited.
Notice With Regard to Documents on this Site. Permission to display, copy and/or
download any papers, articles or other works of authorship on this Site (the
"Documents") is hereby granted, provided that (a) the copyright notice
set forth on the Document and a statement that the Document is being reproduced
under permission of the Copyright Holder both appear on such displayed, copied
or downloaded Document, (b) use or reproduction of such Documents from this
Site is for informational or personal use only, and (c) no modifications of
any Documents are made. Any other use of the Documents is expressly prohibited.
Disclaimers and Limitation on Liability.
(A) Disclaimer of Warranties The contents of this Site, including, without
limitation, the materials, are provided "as is", and Witness Search
makes no representations or warranties expressed or implied, of any kind with
respect to this Site or its contents. Witness Search disclaims all representations
and warranties, including, without limitation, warranties of merchantability,
fitness for a particular purpose, title and non-infringement.
(B) Disclaimer of Accuracy. Witness Search does not represent or warrant that
the information accessible via this Site is accurate, complete or current. This
Site could contain typographical errors or technical inaccuracies. Witness Search
reserves the right to add to, change or delete its content or any part thereof
without notice. Ay price or availability of information is subject to change
without notice. Additionally, this Site may contain information provided by
third parties, which includes, without limitation, the documents and/or software.
Witness Search makes no representation or warranty regarding the accuracy, truth,
quality, suitability or reliability of such information. Witness Search is not
responsible for any errors, omissions or inaccuracies contained in any information
provided by such third parties.
(C) Limitation on Liability. Neither Witness Search nor any of its members,
directors, employees or other representatives will be liable for damages arising
out of or in connection with the use of this Site or any information, products
or services contained herein, which includes, without limitation, the materials,
even if advised of the possibility thereof. This is a comprehensive limitation
of liability that applies to all damages of any kind, including, without limitation,
indirect, special and consequential damages, loss of data, income, profit or
goodwill, loss of or damage to property and claims of third parties.
You have sole responsibility of adequate protection and backup of data and/or
equipment used in connection with the Site and will not make any claim against
Witness Search for lost data, rerun time, inaccurate output, work delays or
lost profits resulting from the use of the materials.
(D) Limitation on Liability of Copyright Holders. Copyright holders will not
be liable for any direct, indirect, special or consequential damages, loss of
data, income, profit or goodwill or damage to property arising out of any use
of the materials or performance or implementation of the contents thereof.
(E) Links to Third Party Sites. Any other web sites that are accessible via
any link on this Site are not under the control of Witness Search. Witness Search
is not responsible for the contents of any linked site or any link contained
in a linked site, or any changes or updates to the information contained in
such sites. Witness Search provides the linked sites to you only as a convenience
and the inclusions of any such link on the Site does not imply the Witness Search's
endorsement of the site, the organization operating such site, nor any products
or services of that organization. Your linking to any off-site pages or other
sites is entirely at your own risk.
(F) References to Products or Services . Information published by Witness Search
on the Site may contain references or cross references to Witness Search products
or services that are not announced or available in your country. Such references
do not imply that Witness Search intends to announce such products or services
in your country.
(G) User Input. Unless otherwise provided in the Terms and Conditions, any
communication, material or feedback with regard to contents on this Site transmitted
by a user of this Site via electronic mail or otherwise, including any data,
questions, or comments regarding the content of any Document or other information
contained on the Site, such information shall be deemed to be non-confidential
and Witness Search shall have no obligation of any kind with respect to such
information and shall be free to reproduce, use, disclose and distribute the
information to others without limitation. Further, Witness Search shall be free
to use any ideas, concepts, know-how or techniques contained in such information
for any purpose whatsoever including, without limitation, publication on the
Site, or other Witness Search publications, and developing, manufacturing, and
marketing products using such information. Witness Search shall have no obligation
to compensate the contributor of such information in any manner.
(H) Governing Law; Venue for any Proceedings. Any action, proceeding, dispute,
claim or controversy arising out of or relating to this Site or these Terms
and Conditions, or any Witness Search products or Witness Search services offered
on or accessed via the Site, shall (i) be governed by New York State law and
controlling U.S. federal law, without application of any choice of law rules
and (ii) be subject to the exclusive jurisdiction of the courts of the State
of New York located in New York County or of the United States District Court
of the Southern District of New York, and you hereby submit to the jurisdiction
of said courts.
(I) Complete Agreement; Changes to the Terms and Conditions. These Terms and
Conditions represent the entire understanding relating to the use of the Site
and prevail over any prior or contemporaneous, conflicting or additional, communications.
Witness Search shall have the right to revise and modify the Terms and Conditions
at any time by posting the revised Terms and Conditions on the Site. Any use
of the Site after such posting shall be deemed to constitute acceptance of the
revised Terms and Conditions by the user.
(J) Trademarks. All company names or other marks appearing on this Site are
the trademarks of their respective owners. Nothing contained in the Site should
be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any trademark displayed on the Site without prior written permission
of Witness Search or other trademark owners.
(K) Indemnification. You agree to defend, indemnify, and hold harmless Witness
Search, its officers, directors, employees, members, agents and affiliates from
and against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your breach of the Terms
and Conditions. Witness Search shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
(L) Termination. Witness Search may terminate this agreement at any time. Upon
termination, you agree to cease all use of this Site. Without limiting the foregoing,
Witness Search shall have the right to immediately terminate your access and
use of the Site, or any portion of the Site, in the event of any conduct by
you or through your account which Witness Search, in its sole discretion, considers
to be unacceptable, or in the event of any breach by you of the Terms and Conditions.
Please contact us
if you have any questions about these Terms and Conditions, including our online
privacy policy.
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