2. DEFINITIONS. As used here:
a. “Hosts” means J. Burns Bookkeeping, Inc.
b. “Materials” means source code, code samples, object code, technical materials, documentation, discussion thread postings, blogs, wikis, data, and any other content, information, technology or services available on the Site.
c. “Project” means a project hosted on the Site.
e. “Submissions” means any Materials submitted to the Site, including all Projects.
g. “Use” and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A “User” is a person or entity who uses the Site.
h. “You” means you personally, as well as any person or entity on whose behalf you are using the Site.
3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.
b. Use at Your Own Risk. You understand that the Hosts may or may not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, defamatory or offensive content, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks. If Hosts become aware of Submissions that violate these Terms or that Hosts believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable, they may act in good faith to restrict access to or availability of the material. If You notice that any other User’s Submissions appear to violate these Terms, or if any other User makes You feel harassed or unsafe, You agree to contact us immediately.
c. Don’t Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Hosts responsible for such opinions.
d. Management of Materials and Access. You agree that the Hosts have sole discretion in deciding whether to accept and post Materials, and that they may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Hosts have no obligation to store or back up any Materials. You agree that the Hosts have the right to restrict or terminate, in their sole discretion, access to the Site for any reason, including their belief that a User has violated these Terms.
e. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by the Hosts, and you agree that the Hosts have no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.
a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE HOSTS DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOSTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF THE HOSTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST HOSTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD HOSTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE HOSTS, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
c. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.
e. Export Compliance. Materials and Submissions may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all such laws and to obtain such licenses as may be required. Materials and Submissions containing encryption software, technology and/or technical assistance involving encryption (collectively “Encryption Technology “) may be subject to U.S. Export restrictions. You agree not to submit any Encryption Technology to this Site. You warrant that you are not identified on the most current U.S. export exclusion lists or located in or a national of countries that are prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Asset Control regulations. You agree not to use the Site, Materials or Submissions for nuclear, missile, chemical, or biological weaponry end uses.
f. Governing Law. These Terms are governed by the laws of the State of New York and applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the state courts of the State of New York for the County of Westchester.
g. General. These Terms constitute the entire agreement between You and the Hosts regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by the Hosts in writing or as provided in Section 4.d above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Hosts as a result of these Terms or Your access to or Use of the Site and Materials.