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User Agreement
USER AGREEMENT
TERMS AND CONDITIONS
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree" to this Agreement, you ("User") signify
your agreement to all terms, conditions, and notices contained or referenced
herein (the "Agreement"). If you do not agree to this Agreement please do not
use this site and do not click "I agree". Preferred Strategies. ("PS") reserves
the right, at our discretion, to update or revise this Agreement. Please check
this Agreement periodically for changes as we reserve the right to revise this
Agreement and your continued use of this site following the posting of any changes
to the Agreement constitutes acceptance of those changes. PS reserves the right
to terminate a User's use of the site at any time without notice and will do
so for any breach of this agreement or the policies on this site by User. This
Agreement applies to third parties ("Third Parties") which include licensors,
linked parties and advertisers of the materials on this site.
LICENSE TO USE THE SITE
PS hereby grants you a non-exclusive, non-transferable limited license to use
our site in accordance with the terms and conditions in this Agreement and as
permitted via instructions on the site. You acknowledge and agree that the content
on this site is property of PS and Third Parties and that the content is protected
by copyrights, moral rights, trademarks, service marks, patents, trade secrets,
and other proprietary rights and laws, in the U.S. and internationally. All rights
not expressly granted herein are fully reserved by PS and Third Parties.
LICENSE RESTRICTIONS
Use Limitations
Except as may occur through normal use of the site, you agree not to sell, license,
rent, lease, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from materials,
code or content on or from this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from PS is prohibited. In addition,
use of the content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
International Users
The information provided on this site is for United States use only. Users from
outside the United States who choose to access this site from other locations
do so on their own initiative, knowingly and voluntarily at their own risk, and
are responsible for compliance with local and national laws of their region.
None of the information on this site may be downloaded, exported or reexported
into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia
and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed
by the US Government. By using this site, you state and agree that you are not
a citizen of or a resident in any of these countries.
Export
You agree that you will comply with all applicable export and import control
laws and regulations in your use of this site or materials or services received
through this site and, in particular, you will not export or re-export the anything
on or received through this site in violation of local or foreign export laws
and without all required United States and foreign government licenses.
TRADEMARKS
PS and Third Parties' materials, services or products referenced on this site
are either trademarks or registered trademarks of such parties.
THIRD PARTY SITES
You may be transferred to Third Parties' sites through links from our site. You
are cautioned to read such sites' Terms of Use and Privacy Policies before using
such site in order to be aware of the terms and conditions of your use of such
sites. These sites may contain information or material that is illegal, unreasonable
or that some people may find inappropriate or offensive. These other sites are
not under the control, endorsement or sponsorship of PS, are not monitored or
reviewed by PS, and PS is not aware of the contents of such sites. You acknowledge
that PS is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions received through
such sites. The inclusion of such a link does not imply endorsement of the site
by PS or its licensors or any association with its operators and is provided
solely for your convenience. You agree that PS and its licensors have no liability
whatsoever from such Third Parties' sites and your usage of them.
DISCLAIMER OF WARRANTIES
PS AND THIRD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE FOR ANY
PURPOSE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. PS AND THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PS AND THIRD PARTIES DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE
THROUGH THIS SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR
RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. PS DOES NOT WARRANT,
ENDORSE OR SPONSOR ANY THIRD PARTY LINKS OR INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PS AND/OR THIRD PARTIES BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM, OR ARISE OUT OF, THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PS AND/OR THIRD PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PS
AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PS and Third Parties, subsidiaries
and other affiliated companies, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses, including attorney's fees,
that arise from your use of this site or violation of this Agreement. PS reserves
the right, at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will
cooperate with PS in asserting any available defenses.
CHOICE OF LAW AND FORUM
This site (excluding Third Party sites) is controlled by PS from its offices
within the State of California, United States of America. It can be access from
all 50 states as well as from other countries around the world to the extent
permitted by site. As each of these places has laws that may differ from California,
by accessing this site, both you and PS agree that the statues and laws of the
California will apply to any actions or claims arising out of or in relation
to this Agreement or your use of this site, without regard to conflicts of laws
principles thereof. You and PS also agree and hereby submit to the filing of
any claim only in, the exclusive personal jurisdiction and venue of the United
State Central District Court in California and any legal proceedings shall be
conducted in English. PS makes no representation that materials on the site are
appropriate or available for use in other locations, and accessing them from
territories where their contents are illegal is prohibited. Those who choose
to access this site from other locations voluntarily and knowingly do so at their
own risk and are entirely responsible for compliance with local laws. This Agreement
will not be governed by the United Nations Convention on Contracts for the Sale
of Goods.
MISCELLANEOUS.
This Agreement constitutes the entire agreement between the parties related to
the subject matter thereof, supersedes any prior or contemporaneous (oral, written
or electronic) agreement between the parties and will not be changed except by
written agreement signed by an officer of PS. If any provision of this Agreement
is prohibited by law or held to be unenforceable, the remaining provisions hereof
will not be affected, and this Agreement as much as possible under applicable
law will continue in full force and effect as if such unenforceable provision
had never constituted a part hereof and the une unenforceable provision
had never constituted a part hereof and the unenforceable provision will be automatically
amended to so as to best accomplish the objectives of such unenforceable provision
within the limits of applicable law. User will not assign or transfer this Agreement
and any such transfer will be void.
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