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Numerof & Associates, Inc. ("NAI" or "We")
provides its content on this Web site (the "Site") subject to the following
terms and conditions (the "Terms"). We may periodically change the Terms, so
please check back from time to time. These Terms were last updated on November
1, 2006. By accessing and using this Site, you agree to these Terms. For an
explanation of NAI's practices and policies related to the collection, use, and
storage of our users' information, please read our Privacy Policy.
Copyrights
All content and functionality on the Site, including
text, graphics, logos, icons, and images and the selection and arrangement
thereof, is the exclusive property of NAI or its licensors and is protected by
U.S. and international copyright laws. All rights not expressly granted are
reserved.
Trademarks
The trademarks, service marks, designs, and logos
(collectively, the "Trademarks") displayed on the Site are the registered and
unregistered Trademarks of NAI and its licensors. You agree that you will not
refer to or attribute any information to NAI or its licensors in any public
medium (e.g., press release, Web sites) for advertising or promotion purposes,
or for the purpose of informing or influencing any third party and that you
will not use or reproduce any Trademark of, or imply any endorsement by or
relationship with, NAI or its licensors.
Use of Site Content
NAI hereby grants you a non-exclusive,
non-transferable license for the term hereof to access and download, display,
and print one copy of the content and functionality displayed on the Site (the
"Site Content") on any single computer solely for your internal, business use,
provided that you do not modify the Site Content in any way and that you retain
all copyright and other proprietary notices displayed on the Site Content. You
may not otherwise reproduce, modify, distribute, transmit, post, or disclose
the Site Content without NAI's prior written consent.
User Postings
Unless otherwise specified in a written agreement
signed by both parties, you acknowledge and agree that NAI shall own and have
the unrestricted right to use, publish, and otherwise exploit any and all
information that you post or otherwise publish on the Site in postings, survey
responses, and otherwise, and you hereby waive any claims against NAI for any
alleged or actual infringements of any rights of privacy or publicity, moral
rights, or rights of attribution in connection with NAI's use and publication
of such submissions. You covenant that you shall not post or otherwise publish
on the Site any materials that (a) are threatening, libelous, defamatory, or
obscene; (b) would constitute, or that encourage conduct that would constitute,
a criminal offense, give rise to civil liability, or otherwise violate law; (c)
infringe the intellectual property, privacy, or other rights of any third
parties; (d) contain a computer virus or other destructive element; (e) contain
advertising; or (f) constitute or contain false or misleading statements. NAI
does not and cannot review all information posted to the Site by users and is
not responsible for such information. However, NAI reserves the right to refuse
to post and the right to remove any information, in whole or in part, for any
reason or for no reason.
Notices of Infringement and Takedown
NAI prohibits the posting of any information that
infringes or violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person or entity. If
you believe that your intellectual property rights (or such a right that you
are responsible for enforcing) is infringed by any content on the Site, please
write to NAI at the address shown below, giving a written statement that
contains: (a) identification of the copyrighted work and/or intellectual
property right claimed to have been infringed; (b) identification of the
allegedly infringing material on the Site that is requested to be removed; (c)
your name, address, and daytime telephone number, and an e-mail address if
available; (d) a statement that you have a good faith belief that the use of
the copyrighted work and/or exercise of the intellectual property right is not
authorized by the owner, its agent, or the law; (e) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that the signatory is authorized to act on behalf of the owner of the right
that is allegedly infringed; and (f) the signature of the intellectual property
right owner or someone authorized on the owner's behalf to assert infringement
of the right. NAI will remove any posted submission that infringes the
copyright or other intellectual property right of any person under U.S. law
upon receipt of such a statement (or any statement in conformance with 17
U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting
such a statement falsely. Under appropriate circumstances, persons who
repeatedly submit infringing or unlawful material will be prohibited from
posting further submissions. NAI's contact for submission of notices under this
Section 5 is: Michael Abrams, Managing Partner, Numerof & Associates, Inc.,
Four CityPlace Drive, Suite 430, St. Louis, MO 63141.
Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED
WITH THE UNDERSTANDING THAT NAI IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL
ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NAI AND ITS THIRD-PARTY CONTENT PROVIDERS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR
ADEQUACY OF THE SITE CONTENT. NAI SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR
ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER
SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER NAI
NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND
REGARDLESS OF THE THEORY OF LIABILITY.
Third-Party Web Sites
We may provide links to third-party Web sites, and
some of the content appearing to be on this Site is in fact supplied by third
parties, for example, in instances of framing of third-party Web sites or
incorporation through framesets of content supplied by third-party servers. NAI
has no responsibility for these third-party Web sites, which are governed by
the Terms of Use and privacy policies, if any, of the applicable third-party
content providers.
Governing Law; Jurisdiction
These Terms are governed by the laws of the State of
Missouri without reference to the principles of conflicts of laws thereof.
Credits
Select St. Louis images by Ron Sallee (www.ronsallee.com).
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