B. In order to access some features of the Web Site, you will have to create an account. You may never use another users account without permission. When creating your account, you must provide accurate and complete information as requested by us. If you register, you may communicate with MeasuredUp and other Users, post or publish comments or rating features, as may be made available at our complete discretion, a message board, chat area, bulletin board, feedback area, news group, email functionality or other communication feature. All such communications are referred to after this as Comments. You are solely responsible for all Comments. If you have a review featured on the Web Site, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We disclaim all liability relating to your Comments. You may not submit any Member Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.
C. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to any submissions made by them.
5. Participation at Your Own Risk.Your participation is at your own risk. Although the Web Site enables users to connect and share Comments with one another, MeasuredUp has no responsibility to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and Comments made available on the Web Site. Some people may find the reviews, advertisements and Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and Comments. We assume no responsibility for monitoring any reviews, advertisements and Comments or conduct during use of the Web Site. We are also under no obligation to modify or remove any reviews, advertisements and Comments and assume no responsibility for a User's conduct during his or her use of the Web Site. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and Comments.
6. Intellectual Property RightsA. MeasuredUp owns all right, title and interest, including without limitation all worldwide intellectual property rights in the Web Site including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively Information), and all such rights to all derivative works or enhancements of, in and to, or relating to, the Web Site, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Notwithstanding the foregoing, MeasuredUp shall not own any right, title and interest to the Comments (as defined above). The Information is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. MeasuredUp reserves all rights not expressly granted in and to the Web Site and the Information.
7. DisclaimerA. Your use of the Web Site is at your sole discretion and risk. The Web Site, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
B. MEASUREDUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
C. MeasuredUp expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Web Site; (ii) regarding the goods, services, advise, information or links provided by any third parties or users; (iii) that the Web Site will meet your requirements; or (iv) that the Web Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Web Site shall create any warranty not expressly stated in this Agreement.
D. MeasuredUp assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Web Site, including any injury or damage to you or to any person's computer related to or resulting from use of the Web Site.
E. Under no circumstances shall MeasuredUp be responsible for any loss or damage, including personal injury or death, resulting from use of the Web Site, from any reviews, advertisements or Comments posted on or through the Web Site, or from the conduct of any users of the Web Site, whether online or offline.
F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
8. Limitation of LiabilityA. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MEASUREDUP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEB SITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MEASUREDUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE CONTENT, EVEN IF MEASUREDUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. User Conduct.You agree to use the Web Site only for lawful purposes. You agree not to take any action that might compromise the security of the Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Web Site or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Web Site in any manner that might interfere with the rights of MeasuredUp or any third party
12. Governing Law.A. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws principles. In any dispute arising out of this Agreement, you and MeasuredUp consent to the jurisdiction of both the state and federal courts of New York County, New York and agree to bring any actions arising out of this Agreement in such court.
YOU AND MEASUREDUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: November 1, 2007.