Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING (the
Site). By using this web site, you explicitly agree to
comply with and be bound by the following terms and
conditions, which DigitalAdvisor LLC may change at
any time. Please review these terms and conditions
periodically for changes.
Ownership and copyrightExcept as otherwise
indicated, this web site, and all text, images, marks,
logos and other content contained herein ("Site
Content") is (c) 2004 - 2006, DigitalAdvisor LLC,
all rights reserved. , logo and all
other marks displayed on this site (the "Trademarks")
are registered and/or common law trademarks of DigitalAdvisor LLC
LLC and/or various third parties.
Nothing contained on this site may be construed as
granting, by implication, estoppel or otherwise, any
license or right to use any Trademark without the prior
written permission of DigitalAdvisor LLC or such
other party that may own the Trademarks.
Use of this web site
DigitalAdvisor LLC authorizes you to view,
download and print Site Content subject to the
following conditions: (i) you may only do so for
your own personal and non-commercial use; (ii)
you may not modify the Site Content; (iii) any
displays or printouts of Site Content must be
marked "(c) 2004 - 2006, DigitalAdvisor LLC
All rights reserved."; (iv) you may not remove
or modify any copyright, trademark, or other proprietary
notices that have been placed in the Site Content
by DigitalAdvisor LLC; (v) you may not reproduce,
prepare derivative works from, distribute or display
Site Content, except as provided herein. Except
as expressly permitted above, copying, transmission,
reproduction, republication, posting or redistribution
of the Site Content or any portion thereof is
strictly prohibited without the prior written
permission of DigitalAdvisor LLC. To request
permission, you may contact DigitalAdvisor LLC
as follows:
Director of Business Development
DigitalAdvisor LLC
464 Hillside Avenue, Suite 304
Needham, MA 02494, USA
Send
Request
You represent and warrant that your use of Site
Content will be consistent with this license and will
not infringe or violate the rights of any other party or
breach any contract or legal duty to any other parties,
or violate any applicable law. You expressly agree to
indemnify DigitalAdvisor LLC against any liability
to any person arising out of your use of Site Content
not in accordance with these terms and conditions.
WARRANTY DISCLAIMER AND LIMITATION OF
LIABILITY
DigitalAdvisor LLC MAKES NO REPRESENTATION
OF ANY KIND REGARDING THE SUITABILITY OF THE SITE
CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE.
ALL SITE CONTENT IS PROVIDED "AS IS" AND DigitalAdvisor LLC
EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
USE, INCLUDING ALL IMPLIED WARRANTIES. DigitalAdvisor LLC
ALSO EXPRESSLY DISCLAIMS ANY WARRANTY
OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY
CHARACTER OF THE SITE CONTENT. YOU WAIVE AND COVENANT
NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY
NATURE WHATSOEVER ARISING FROM OR RELATING TO
YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION,
ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED
INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED
INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT
DigitalAdvisor LLC HAS OR SHOULD INDEMNIFY,
DEFEND OR HOLD YOU HARMLESS FROM ANY CLAIM OR
ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION
OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK
AND NEITHER DigitalAdvisor LLC NOR THE PARTIES
WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION
WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY
DAMAGES OF ANY SORT ARISING FROM YOUR USE OF THE
SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Links to other sitesThe
site contains links to third-party web sites. The linked
sites are not under the control of DigitalAdvisor LLC,
and DigitalAdvisor LLC is not responsible for
the contents of any linked site. DigitalAdvisor LLC
provides these links as a convenience, and a link does
not imply endorsement of, sponsorship of or affiliation
with the linked site by DigitalAdvisor LLC. Linked
sites are owned and operated by independent retailers or
service providers, and therefore, DigitalAdvisor LLC
cannot ensure that you will be satisfied with their
products, services or business practices. You should
make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with
any of these third parties.
Use of chat rooms, bulletin boards and other
communications forums
The site may contain and
allow its users to post reviews of products or services,
as well as general postings of messages in chat
rooms, bulletin boards or other forums. If the
Site provides such services, you expressly agree
to use such services only to send messages and
material that are appropriate and that are related
to the topic of the particular forum. DigitalAdvisor LLC
does not edit or control the information
or materials posted to or distributed through
any chat rooms, bulletin boards or other communications
forums, will not be in any way responsible or
liable for such information or materials and claims
no proprietary rights of any kind arising from
the posting or distribution of information or
material in such forums. DigitalAdvisor LLC
nevertheless reserves the right for any reason
in its sole discretion to remove without notice
any contents of any such forum. By posting or
distributing information or material through such
forums, you expressly abandon any proprietary
rights you may have in such information or material,
and such information or material may be freely
used, copied and distributed, in any medium and
in any form, by others without your permission.
You agree not to post or distribute any information
or material that is copyrighted by any third party
without the express written consent of such party,
and you agree to indemnify and hold harmless DigitalAdvisor LLC
from any claim arising out of or
relating to your violation of this provision.
Digital Millennium Copyright Act
complianceDigitalAdvisor LLC complies with the
provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C.
section 512). If you have any complaints or objections
to material posted on this site, or if you believe that
material posted on this site infringes a copyright that
you hold, you may contact our Designated Agent Content
Director, at the following address:
DigitalAdvisor LLC
464 Hillside Ave, Suite 304
Needham, MA 02494, USA
Applicable law and jurisdictionThe
site (excluding links to
third-party sites) is controlled by DigitalAdvisor LLC
LLC, and operated by DigitalAdvisor LLC
from its offices in and around Needham, Mass. While
DigitalAdvisor LLC has made no effort to publish
the site elsewhere, because this
site is published on the World Wide Web it is accessible
in all 50 states of the United States and in other
countries. Each of these places has laws that may differ
from those of Massachusetts and from each other. You and
DigitalAdvisor LLC both benefit from establishing a
predictable legal environment in which to publish,
access and use this site. Therefore, by publishing,
accessing and/or using the DigitalAdvisor LLC web
site, you and DigitalAdvisor LLC explicitly agree
that all disputes, claims or other matters arising from
or relating to your use of this site will be governed by
the laws of the Commonwealth of Massachusetts, without
regard to its conflicts of law principles. You agree
that all claims you may have against DigitalAdvisor LLC
LLC arising from or relating to the
operation or use of this web site will be heard and
resolved in a court of competent subject matter
jurisdiction located in Boston, Mass. You consent to the
personal jurisdiction of such courts over you, stipulate
to the fairness and convenience of proceeding in such
courts, and covenant not to assert any objection to
proceeding in such courts. If you choose to access this
web site from locations other than Boston, Mass., you
will be responsible for compliance with all local laws
of such other jurisdiction.
ModificationsDigitalAdvisor LLC may
change, add or delete these Terms and Conditions of Use
or any portion thereof from time to time in its sole
discretion. DigitalAdvisor LLC will provide you
with reasonable notice of any changes. Thereafter, you
expressly agree to be bound by any such amended Terms
and Conditions of Use.
DigitalAdvisor LLC may change, suspend or
discontinue any aspect of the DigitalAdvisor LLC
service at any time, including availability of any
feature, database or content. DigitalAdvisor LLC
may also impose limits on certain features and services
or restrict your access to all or parts of the DigitalAdvisor LLC
web site without notice or liability.
YOUR CONTINUED USE OF NOW,
OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY
CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH
MODIFICATIONS.
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