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IMPORTANT: READ CAREFULLY REGARDING YOUR USE OF THIS WEB SITE.

Choice Advisor [dot] Net (“ChoiceAdvisor”) operates this web site through which the Choice Advisor System (“CAS”) is accessible (“Web Site”) to provide online access to information about ChoiceAdvisor and the products and services provided by ChoiceAdvisor. By accessing and using this Web Site, you agree to each of the terms and conditions set forth in these Web Site Terms of Usage (sometimes referred to as the “Agreement”).

ChoiceAdvisor reserves the right to modify this Agreement at any time without giving you prior notice. Your use of this Web Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

Restricted Use License

Absent prior written permission from an officer of ChoiceAdvisor, you may not copy, distribute, republish, upload, post, or transmit information including text, logos, graphics, digital images, sounds, icons and buttons, contained in this Web site (“Information”) in any manner. The Information is proprietary and protected by US Copyright Laws. You may not change the Information in any manner or delete or change any copyright, trademark, or other proprietary notice contained in the Information. Doing so would violate ChoiceAdvisor’s intellectual property rights.

You are provided a restricted use license to use this Web Site according to the following terms: You may not sell the Information or use the Information for commercial use. You are prohibited from using any type of data mining, robots, or similar data gathering or extraction methods on this Web Site. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright, or trademark. All such rights remain with ChoiceAdvisor. Modifying, or using the Information for any purpose other than as specifically authorized herein violates ChoiceAdvisor’s intellectual property rights. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. You may not use framing, metatag, or hidden text techniques in association with any part or portion of ChoiceAdvisor’s Information.

ChoiceAdvisor takes its intellectual property rights seriously and protects them accordingly and to the fullest extent permissible under applicable state, federal and/or international law.

Transmissions and Ownership Thereof

You acknowledge that transmissions by you to, from or through this Web Site, including any information input into or delivered by you through or from the Web Site (“Transmissions”), are non-confidential and that others may read and/or intercept such Transmissions. ChoiceAdvisor has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this Web Site or ChoiceAdvisor’s server and to edit or delete any Transmissions which violate any term of this Agreement. You hereby consent to ChoiceAdvisor’s collection and use of such Transmissions in accordance with ChoiceAdvisor’s then current Privacy Policy and acknowledge that submitting Transmissions to this Web Site, creates no confidential or fiduciary relationship between you and ChoiceAdvisor. By using this Web Site, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to ChoiceAdvisor. Accordingly, ChoiceAdvisor shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you, subject to any restrictions on use set forth in the Privacy Policy. By submitting such Transmissions to this Web Site, you irrevocably waive all “moral rights” in such Transmissions.

ChoiceAdvisor may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). Using this Web Site in association with such spam, any computer viruses or any other potentially damaging computer code is strictly prohibited. ChoiceAdvisor will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Web Site as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, ChoiceAdvisor reserves the right to report any Transmissions which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.

Indemnification

You agree to defend, indemnify and hold ChoiceAdvisor, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to your use or misuse of this Web Site or the Information, including, but not limited to: (1) your submission to this Web Site of any Transmission; (2) your breach or alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

Limitation of Liability

IN NO EVENT SHALL CHOICEADVISOR, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE INFORMATION, OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHOICEADVISOR’S RECORDS, OBTAINING SUBSTITUTE GOODS AND SERVICES, UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR TRANSMISSIONS, OR ANY OTHER TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF CHOICEADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, CHOICEADVISOR’S LIABILITY IS LIMITED AND THE ABOVE WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL CHOICEADVISOR’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO CHOICEADVISOR IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEB SITE.

Disclaimer

YOU ACKNOWLEDGE THAT THIS WEB SITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT CHOICEADVISOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEB SITE OR THE INFORMATION. CHOICEADVISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEB SITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE WEB SITE OR THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) CHOICEADVISOR DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, SECURITY, COMPLETENESS OR ACCURACY OF THE INFORMATION, THE WEBSITE OR ANY SERVICES OR FUNCTIONS PROVIDED BY THE WEBSITE; AND (3) CHOICEADVISOR DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

ChoiceAdvisor may periodically change the Information. ChoiceAdvisor reserves the right to implement such changes, at any time without notice to you. Unless specifically indicated in writing to the contrary, no reference in this Web Site to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise shall constitute or imply ChoiceAdvisor’s endorsement or sponsorship thereof.

Links to Third-Party Sites

This Web Site includes hypertext links to other web sites and ChoiceAdvisor has no control over, and makes no representations or warranties of any kind regarding the content on such web sites or the content on any web site linked to such web sites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against ChoiceAdvisor regarding such web sites and acknowledge that you must adhere to and will be subject to the usage and privacy policies governing such sites. Note that this Web Site’s use of hypertext links to other web sites does not imply ChoiceAdvisor’s sponsorship or endorsement of any such web sites.

Impermissible Activity

By using this Web site you agree not to use this Web Site or the ChoiceAdvisor server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information; (6) inhibits another user from use or enjoyment of this Web Site; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.

Data Collection and Use

Your Transmissions are subject to ChoiceAdvisor’s Privacy Policy. ChoiceAdvisor’s Privacy Policy sets forth the terms and conditions upon which ChoiceAdvisor collects and uses personal information from users of the Web Site, including children under the age of 13. By using this Web Site, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, ChoiceAdvisor may change its Privacy Policy without notice to you, subject to the terms and conditions of the Privacy Policy. Your continued use of this Web Site after the posting of any changes to the Privacy Policy, shall constitute your agreement with and acceptance of such changes.

Termination

Either you or ChoiceAdvisor may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site and discontinuing your use of the Web Site. ChoiceAdvisor may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Web Site.

Severability

If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.