1. HOW 45ºN 68ºW® MAY MODIFY THIS AGREEMENT
45ºN 68ºW® reserves the right to change the terms, conditions, and notices under which it offers the 45ºN 68ºW® web sites.
2. INFORMATION AVAILABLE FROM THE 45ºN 68ºW® WEB SITES
The information available from the 45ºN 68ºW® Web sites may include inaccuracies or typographical errors, even if such information appears in any e-mail, pager, cell phone or other alerts available through the 45ºN 68ºW® Web sites.
3. TERMINATION; ACCESS RESTRICTION
45ºN 68ºW® may terminate this Agreement, or terminate or suspend your access to the Q&S International, Inc. Web sites at any time, with or without cause, and with or without notice. User may terminate this agreement at any time as well by giving 45ºN 68ºW® 14 days notice in writing. Upon such termination or suspension, your right to use the 45ºN 68ºW® Web sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE 45ºN 68ºW® WEB SITES MAY NOT BE RETRIEVED LATER.
This Agreement is with 45ºN 68ºW® claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of the State of New York. By your use of these Web sites, as provided by 45ºN 68ºW®, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in the State of New York in all disputes arising out of or relating to the use of the 45ºN 68ºW® Web sites.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. 45ºN 68ºW® Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the 45ºN 68ºW®. Web sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and 45ºN 68ºW® Inc. with respect to the 45ºN 68ºW® Inc. Web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 45ºN 68ºW® with respect to the 45ºN 68ºW® Web sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
6. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE 45ºN 68ºW® WEB SITES
The 45ºN 68ºW® Web sites are only for your personal use. You may not use the 45ºN 68ºW® Web sites for commercial purposes. You may not use the 45ºN 68ºW® Web sites in any way that is unlawful, or harms 45ºN 68ºW® its affiliates, resellers, distributors, service providers and/or suppliers (each, a " 45ºN 68ºW®) Party" and collectively, the " 45ºN 68ºW® Parties") or any customer of a 45ºN 68ºW® Party, as determined in 45ºN 68ºW® 's sole discretion. 45ºN 68ºW® may tell you about certain specific harmful uses in a code of conduct or other notices available through a 45ºN 68ºW® Web site, but has no obligation to do so. You may not use the 45ºN 68ºW® Web sites in any way that breaches any code of conduct, policy or other notice applicable to the 45ºN 68ºW® Web sites. Without limiting the generality of this section, you may not use the 45ºN 68ºW® Web sites in any manner that could damage, disable, overburden, or impair any 45ºN 68ºW® Web site (or the network(s) connected to any 45ºN 68ºW® Web site) or interfere with any other party's use and enjoyment of the 45ºN 68ºW® Web sites.
7. 45ºN 68ºWTM INC. MAKES NO WARRANTY
45ºN 68ºW® PROVIDES THE 45ºN 68ºW® WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE 45ºN 68ºW® PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE 45ºN 68ºW® PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE 45ºN 68ºW® WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY 45ºN 68ºW® PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE 45ºN 68ºW® WEB SITES, EVEN IF SUCH 45ºN 68ºW® PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE 45ºN 68ºW® WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY 45ºN 68ºW® PARTY WITH RESPECT TO THIS AGREEMENT OR THE 45ºN 68ºW® WEB SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 45ºN 68ºW® WEB SITES.
9. ADDITIONAL LIABILITY LIMITATION
AS YOU USE THE 45ºN 68ºW® WEB SITES, YOU SHOULD EXPECT TO RECEIVE, ACCESS OR USE INFORMATION, MATERIALS, GRAPHICS, SOFTWARE, DATA AND CONTENT (COLLECTIVELY, "CONTENT") ORIGINATED BY 45ºN 68ºW® AND PERSONS OTHER THAN 45ºN 68ºW® (ANY SUCH PERSON IS REFERRED TO AS A "THIRD PARTY" OR “THIRD PARTIES’). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE 45ºN 68ºW® PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT 45ºN 68ºW® IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT MAY AFFECT YOUR ACCESS TO OR USE OF THE 45ºN 68ºW® WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE 45ºN 68ºW® WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY DOWNLOADS, TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE 45ºN 68ºW® WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE 45ºN 68ºW® WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7, 8 AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU BY LAW.
10.YOU HAVE LIMITED TIME TO BRING ANY CLAIM
USER AND 45ºN 68ºW® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 45ºN 68ºW® WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the 45ºN 68ºW® Web sites are Copyright © 2011 45ºN 68ºW® except as otherwise denoted on any particular 45ºN 68ºW® Web site page. All rights reserved. 45ºN 68ºW® Inc. , the logo, and/or other 45ºN 68ºW® products and services referenced herein may also be either trademarks or registered trademarks of 45ºN 68ºW® in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.