Terms of Use

No Warranty

Use at Your Own Risk:  Access to the Site is provided “as is” and without warranties of any kind, either express or implied.  By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk. 

NO WARRANTY:  Although we have made reasonable efforts to ensure that the materials contained on this Site are accurate, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Third Party Information: We are not responsible for any materials or information on the Site or any linked site that you may find offensive, undesirable or objectionable.  Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. 

Limitation of Liability, Release and Indemnity

NO LIABILITY FOR LEGAL ADVICE:  THE INFORMATION PROVIDED ON THE SITE IS NOT LEGAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. DOING SO WITHOUT SEEKING THE ADVICE OF LEGAL COUNSEL CONSTITUTES A MISUSE OF THE INFORMATION.  EVAN ROITENBERG WILL HAVE NO LIABILITY FOR ANY DAMAGE ARISING FROM THE MISUSE OF ANY INFORMATION PROVIDED ON THE SITE.

LIMITATION OF LIABILITY: WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) ANY DUTY AT LAW OR IN EQUITY.

RELEASE:  YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE.

INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE.