Terms and Use

 

Terms and Conditions of Use

By using or downloading information from this web site, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree, do not use or download materials from this web site.

This web site is owned by Argus Merchant Services, (“Argus”) and operated by The Bund Inc., a New York State company (on this web site sometimes referred to as “The Bund”).

Copyright and Restrictions on Use

The materials on this web site as well as its layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from this web site (“Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Bund and/or Argus (except you may download one copy of Materials for your personal, non-commercial internal use). Modification or use of Materials for any other purpose violates copyright, trademark, and other laws. Except as otherwise described, all Materials on this web site are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this web site and shall remain with Argus who owns full and complete title to all Materials on this web site.

Submissions

All remarks, suggestions, ideas, graphics, data, questions or other information communicated through this web site or through electronic mail (together, a “Submission”) shall be owned by Argus. Argus will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and neither it nor The Bund or any of their affiliates will incur any liability as a result of any similarities that may appear in future The Bund’s operations. Without limitation, Argus will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Argus and its licensee The Bund will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not Argus or The Bund or their affiliates, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INFORMATION, TEXT, GRAPHICS AND LINKS AND OTHER ITEMS CONTAINED IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, UNINTERRUPTED SERVICE, DEFECTS OR HARMFUL COMPONENTS. NEITHER THE BUND, ARGUS NOR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES NOR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, AND DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INFORMATION WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ARGUS AND/OR THE BUND RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE, AT ANY TIME, WITHOUT NOTICE.

Limitation on Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE BUND, ARGUS OR THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, FOR ANY LOST REVENUES OR PROFITS, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR REFERRED TO ON THIS WEB SITE, EVEN IF THE BUND, ARGUS OR THEIR AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

For your convenience, this web site may contain links to other web sites that may be of interest to you. The Bund is responsible for the content of any linked web sites or any link contained in a linked web site. Argus and The Bund reserves the right to terminate any link or linking program at any time. The inclusion of any link to such web sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by either Argus or The Bund of the linked web sites, or any products or services provided by such web sites. If you decide to access any of the web sites linked to this web site, you do so entirely at your own risk.

Severability

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Governing Law and Venue; Miscellaneous

These Terms and Conditions will be governed and construed pursuant to the laws of the State of New York, notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, for any litigation arising out of or relating to the use of this web site, waive any objection to the venue of any such litigation in the State of New York courts and agree not to plead or claim in any State of New York court that such litigation brought therein has been brought in an inconvenient forum. This is the entire agreement between you and Argus and The Bund relating to the use of this web site. Either Argus or its licensee The Bund can revise these Terms and Conditions at any time by updating this posting.

Copyright © Argus Merchant Services LLC, 2017 All rights reserved.

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