Terms & Conditions

Terms and Conditions of Use
May 19, 2008

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS OF USE.

This web site     including all of its features and content (the “Web Site”) is a service made available by BarrySpitz.com (“Provider”) and all content, information, services, and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).

1. Web Site Limited License

As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

2. Copyright/ Intellectual Property Rights: Permitted Uses and Restrictions on Use

Materials available in this Web site are protected by copyright law. All rights reserved. No part of the materials, including graphics or logos, available in this Web site may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.  Distribution for commercial purposes is prohibited. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel , or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Content on this Web Site is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of any country. Any unauthorized use of this Web Site or its Content is prohibited.

3. Not Legal Advice

Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.

4. Linking to this Web Site

You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Web Site, (b) you give Provider notice of such link by sending an e-mail to info@barryspitz.com and (c) you discontinue providing links to this Web Site if requested by Provider.

5. License of Your Content to Provider

By posting, publishing,  uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, “Postings”) for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Provider.

6. No Solicitation

You may not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site (the “Interactive Areas”), which includes, without limitation, any blogs , wikis , bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.

7. Advertisers

This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

8. Registration

Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit (a) anyone other than you to use the sections requiring registration by using your name or password; or (b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing barryspitz.com.

9. Limitation on Rights flowing from Registration

You have the right to download items of information or other services provided at the time of any such item being made available to you by Provider. Your right of access to any such item of information or other service is indefinite, subject only to the following limitations of time: (a) updating of the item in question; (b) removal of the item in question; (c) discontinuation of the material part of the program; or (d) Provider, its sole discretion, deeming that your use of this Web Site or any part thereof constitutes a breach of these Terms and Conditions.

10. Errors and Corrections

Provider does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content or Postings at any time. 

11. Third Party Content

Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Provider.   Further, information and opinions provided by employees and agents of Provider in Interactive Areas are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.

12. Attorney Ethics Notice

If you are an attorney participating in any aspect of this Web Site, including but not limited to  Interactive Areas, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules.

13. DISCLAIMER

THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS,  THE CONTENT, OR THE POSTINGS.

14. LIMITATION OF LIABILITY

PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS,  THE CONTENT, OR THE POSTINGS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00 (one hundred US dollars).

15. Indemnification

You agree to indemnify, defend and hold Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you. 

16. Third Party Rights

The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability), and 15 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

17. Unlawful Activity

Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

18. Remedies for Violations

Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other Provider web sites and their features.

19. Governing Law and Jurisdiction

The Terms of Use are governed by and construed in accordance with the laws of the State of New York Any dispute arising out of or relating to these terms shall be submitted to mediation, each of the parties choosing one mediator and the third mediator being chosen by the other two mediators.

20. Privacy

Provider does not give away any information regarding its clients and keeps confidential all information received about or in connection with its clients. Furthermore, your privacy in using this Web Site is protected by making all your data and all your payments secure through the Security Socket layer (“SSL”) encryption medium. The SSL provider is a highly trusted stable single root 128 / 256 bit SSL.

21. Privacy in the case of casual surfing <

The User may visit the Web Site without providing any information. The Web Site servers will in such instances have access to the IP address of the User computer. The Provider undertakes not seek to obtain the email address or any other distinguishing information of the User. The sole information which will under any circumstances be obtained by the Provider from the access to the Web Site by any User will only be used for the limited purposed of aggregating the number of visits and the average time spent at the Web Site, pages viewed, etc. The Provider may use this information in order to optimize the Web Site and the content and use thereof. The Provider assumes no obligation to protect the said information, and may copy, distribute, or otherwise use such information without limitation.

22. Refund and Cancellation Policy

The Provider will gladly stop any billing in respect of products not already delivered on any proxy account or service provided. However, by virtue of the fact that, when products are provided on this Web Site by the Provider they are in electronic form and can be copied electronically and otherwise, the standard exclusion applying to such products applies in the same way as it does to items such as flowers, food, etc. as well as special orders (special configurations, etc.)

23. Severability of Provisions

These Terms of Use incorporate by reference any notices contained on this Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of this Web Site, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

24. Modifications to Terms of Use

Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.