Please read the following terms and conditions carefully before using this Web site. By accessing or using our site, you acknowledge and agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our site. “Content” refers to any images, graphics, logos, design, audio, video, materials, documents, and any other information provided from or on our Web site.

1. Web Site Provided For Your Convenience Only

Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:

• the content is up-to-date or current;
• the content is accurate or complete;
• we have a duty to update any content;
• the content is free from technical inaccuracies or typographical errors;
• the content is free from changes caused by third party; and
• your access to our Web site will be free from interruptions, errors, computer viruses, or other harmful components.

We assume no liability under any circumstances for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental, or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair, or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

2. We Provide Our Web Site “As Is” and Disclaim All Warranties

Our Web site content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.

3. We Have No Responsibility for Links to Third Party Content (Hyperlinks)

We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control and we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge that third party sites may use cookies or other means to collect information about you, and such use is not subject to this Agreement.

4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party

We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site’s owners or sponsors.

5. If a Third Party Links to Our Web Site, It is Not An Endorsement

If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.

A Web site that links to our Web site:

• May link to, but not replicate, our content, including but not limited to any copyrighted or protected content;
• Should not create a browser, border environment, or frame our content;
• Should not imply that we are endorsing it or its products;
• Should not misrepresent its relationship with us;
• Should not present false information about our products or services; and/or
• Should not contain content that could be construed as distasteful, offensive, harmful, or controversial, and should contain only content that is appropriate for all age groups.

6. Data You Transmit or Provide to Us is Non-Confidential

We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or from or post on our Web site any material, data, information, or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.

You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

7. Your Use of Our Web Site is Restricted

Our Web site and its content are owned and operated by us. Our Web site’s content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

No content from www.cubrc.org, or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” or duplicate any material contained on our Web site on any other server. The sole exceptions to these restrictions are:

• you obtain written permission from us to waive these restrictions; or
• you may download one copy of the content on a single computer for informational, non-commercial, and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.

Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of the terms or conditions of this Agreement. Upon termination, you must immediately destroy any downloaded materials and printed materials, subject to our review and audit.

8. No Use of Our Trademarks

The trademarks, service marks, and logos of CUBRC used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of CUBRC or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without our prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.

9. You Must Obey Local Laws in Accessing Our Web Site

This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Web site and its content and materials will be governed by the laws of the State of New York without giving effect to any principles of conflicts of laws or choice of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties’ obligations shall be brought exclusively in a federal or state court in New York, County of Erie.

10. You are Bound by Changes in this Agreement’s Terms and Conditions

We may at any time revise these terms and conditions by updating this posting. By using our Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the most current Agreement terms and conditions to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between CUBRC and its customers or vendors, the express terms and conditions of the latter agreement shall prevail.

11. You Agree to Indemnify Us for Using Our Web Site

You agree to indemnify, defend, and hold harmless CUBRC, its officers, directors, employees, agents, licensors, suppliers, affiliates, consultants, and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.

12. Third Parties May Have Rights Under This Agreement

Some of the provisions of this Agreement are for the benefit of CUBRC and its officers, directors, employees, agents, licensors, suppliers affiliates, and consultants. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.