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Limitations of Liability COUNTERPARTS MEDIA INC. AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON. IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OF LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $500.00. Notices Our notices to you may include notice of important changes to this agreement. We may send any notice to any address you provide, including email addresses, so it is important that all such information you provide to us be accurate. Proprietary Rights All right, title and interest in the website is the exclusive property of Counterparts Media Inc., except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement. Counterparts Media Inc., the Counterparts Media Inc. Logo and other Counterparts Media Inc. trademarks which appear on the website are trade names and trademarks of Counterparts Media Inc.. The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of Counterparts Media Inc. or the third party which owns the marks. Counterparts Media Inc. respects the intellectual property of others and asks that our users do the same. It is the policy of Counterparts Media Inc. to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act. Use of Links The website may contain links to and be linked from third-party websites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Counterparts Media Inc. of any information contained in any third-party website. We are not responsible for the information contained on that site or your use of or inability to use the website. If you choose to connect to a third-party website, Counterparts Media Inc. makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does Counterparts Media Inc. warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of our website. Privacy Counterparts Media Inc. respects your privacy. See the Privacy Policy for an important description of the information, including your personal information, we collect from you, and what we do with it. Your agreement to these terms and conditions includes an agreement to our privacy policy. Indemnification You hereby indemnify and hold harmless Counterparts Media Inc. and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of Counterparts Media Inc. or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system. Full and Complete Agreement Regarding Website These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and Counterparts Media Inc. governing the conduct of your relationship with Counterparts Media Inc.. Other Terms No waiver, modification or amendment of any of these terms and conditions shall be effective against Counterparts Media Inc. unless it is in writing and signed by an authorized official of Counterparts Media Inc.. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement. All rights and remedies given to Counterparts Media Inc. in these terms and conditions are cumulative and not exclusive of any other rights or remedies which Counterparts Media Inc. otherwise has at law or equity. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of Counterparts Media Inc. and shall inure to the benefit of Counterparts Media Inc. successors and assigns whether by merger, consolidation or otherwise. Counterparts Media Inc. may assign this agreement or any of its rights or obligations under these terms and conditions. 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 or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings. Choice of Law and Personal Jurisdiction; Jury Trial This website is created and controlled by us in the Commonwealth of Puerto Rico, U.S.A. The laws of the Commonwealth of Puert Rico govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN JUAN, COMMONWEALTH OF PUERTO RICO AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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