USE OF CONTENT
You agree not to use any of the Website to:
- Attempt to gain unauthorized access to the Website, User Content, or computer systems and networks connected to the Website;
- Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another's privacy or otherwise objectionable;
- Harm legal minors;
- Impersonate another user, person or entity, or falsely state or otherwise misrepresent your affiliation with another user, person or entity;
- Collect and store personal data about other users, “cyber stalk" or harass another user or engage in conduct that negatively affects the online experience of another;
- Upload, post, email, transmit or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation;
- Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Reproduce, modify, rent, lease, loan, sell, trade, resell or create derivative works based on the Website Content or User Content for any commercial purpose;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Attempt to take any action that, in Dixon Schwabl's sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website; or
- Interfere with the operation of the Website, other computers, or Internet or network connections.
DISCLAIMER OF WARRANTIES
DIXON SCHWABL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIXON SCHWABL AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS DUE TO BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY CHANGES THAT DIXON SCHWABL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (2) THE DELETION OF, CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (3) YOUR FAILURE TO PROVIDE DIXON SCHWABL WITH ACCURATE PERSONAL INFORMATION; (4) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE DIXON SCHWABL WEBSITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES, CONTENT OR RESOURCES.
THE LIMITATIONS ON DIXON SCHWABL'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT DIXON SCHWABL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The Website may contain comments and statements by third parties about Dixon Schwabl or its Services. Dixon Schwabl does not represent or warrant that any statements or comments by third parties are accurate or that you will have a similar experience. Dixon Schwabl explicitly disclaims any liability for reliance on any comments or statements made by third parties.
Dixon Schwabl respects the intellectual property rights of others and Dixon Schwabl asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, User Content, or other content or material on any of the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA") by providing DIXON SCHWABL's Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website;
- Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number and email address;
- A statement that the owner or agent has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dixon Schwabl's designated Copyright Agent for receiving notifications of claimed infringement is:
Dixon Schwabl Inc.
1595 Moseley Road
Victor, New York 14564
Attention: David Lyttle
Via email to: email@example.com
In accordance with the DMCA and other applicable law, Dixon Schwabl has adopted a policy of terminating, in appropriate circumstances and at Dixon Schwabl's sole discretion, members who are deemed to be repeat infringers. Dixon Schwabl may also, at Dixon Schwabl's sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services may include hyperlinks to other websites, content or resources. Dixon Schwabl has no control over any websites or resources that are provided by companies or persons other than Dixon Schwabl. You acknowledge and agree that Dixon Schwabl is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.