Terms of Use Agreement

Read This “Terms of Use Agreement” Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on July 1, 2009.

This Terms of Use Agreement sets forth the standards of use of the Garber-Martin Corporation website. By using the Garber-Martin.com website (the “site”) you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Garber-Martin.com website. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Garber-Martin Corporation is providing the contents of this website for your information and communication. The material displayed on this site may not be distributed, modified, transmitted or reused for any purpose.

2. Disclaimer of Warranties.

The site is provided by Garber-Martin Corporation on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Garber-Martin Corporation makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Garber-Martin Corporation shall have no liability for any interruptions in the use of this website. Garber-Martin Corporation disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Garber-Martin Corporation shall not be liable for any damages whatsoever, and in particular Garber-Martin Corporation shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Garber-Martin Corporation has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.

4. Modifications and Interruption to Service

Garber-Martin Corporation reserves the right to modify or discontinue the website with or without notice. Garber-Martin Corporation shall not be liable to you or any third party should Garber-Martin Corporation exercise its right to modify or discontinue the website.

5. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

6. Compliance with Laws

You may not use the website or its contents in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

7. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Garber-Martin.com, with all rights reserved, or is the property of Garber-Martin Corporation and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Garber-Martin Corporation is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Garber-Martin Corporation.

Garber-Martin Corporation and Garber-Martin.com are proprietary trademarks of Garber-Martin.com. Garber-Martin Corporation’s trademarks may not be used in connection with any product or service that is not provided by Garber-Martin Corporation, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits Garber-Martin Corporation.

8. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Garber-Martin Corporation, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user of this website. Any communication or written material submitted through this website will be treated in accordance with our privacy policy. You agree that by accepting this Terms of Use Agreement, you are consenting to the use of your personally identifiable information as described in our Privacy Statement.

 

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