TERMS & CONDITIONS OF USE
Julien Icher (“Operator,” "us" or "we"), is the operator and copyright holder of the Lafayette Trail web-based application as made available on this website (the "Site"). This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Site. If you do not accept the Terms and Conditions, you may not use the Site. Your continued use of the Site will constitute your agreement to the most current version of these Terms and Conditions as updated from time to time and made available to users, and if at any time you do not agree to the Terms and Conditions, you must cease your use of the Site. The Terms and Conditions are subject to change at any time by us by posting them on the website. It is your obligation to review the Terms and Conditions from time to time. Any changes to the Terms and Conditions will be effective immediately upon posting to the website.
TERMS & CONDITIONS OF USE
These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.
For the purposes of these Terms and Conditions, the following definitions apply:
II. INTELLECTUAL PROPERTY RIGHTS
All Contents on the Site is the sole property of the Operator and are protected by U.S. copyright and international treaties. The Operator authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose except to the extent agreed by you the Operator in advance in writing in a separately executed agreement. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics. The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. Any product names, names of services, trademarks and service marks ("Marks") are the property of the Operator or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
III. ACCEPTABLE USE OF THE SITE
The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.
IV. SUSPENSION AND TERMINATION OF ACCESS TO THE SITE
The use of the Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion. Users who violate these Terms and Conditions may be denied access to the Site at our sole discretion.
V. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:
a. Conduct of Users
We assume no responsibility for the activities or conduct of Users.
b. Third Party Information
To the extent that the Site displays the content, services, products or hyperlinks of other companies or persons, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk.
c. Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any form of communication engaged in or information exchanged by Users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information will be at your own risk.
d. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
The Terms and Conditions are governed by the internal substantive laws of the State of New York in the United States, without regard to its conflict of laws principles. If any provision of the Terms and Conditions is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of the Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.