Last Updated: 12/01/2023
1. Copyright and Trademark Notices
The Site and Content are protected by U.S. and international intellectual property laws. We, or our licensors, own all information, photographs, screen displays, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of any materials, provided through the Site, and the look and feel of the Site (collectively, the “Content”). We own the trademarks and service marks under which Michel Nafziger does business. Third party company names, product names, service names and logos referenced on the Site may be the trademarks of their respective owners. You may not remove, alter or obscure any copyright, trademark, or other proprietary rights notices in the Site or Content.
2. Caution about Site Content and Accuracy
This Site may include Content that some people may find offensive, indecent, or otherwise objectionable, including, but not limited to, explicit words and photographs. There may be information on the Site that is outdated, contains typographical errors, inaccuracies or omissions. You agree that your access, use, or reliance on this Site (including any Content) is solely at your own risk.
3. Site Use
You may view Content from this Site solely for your own personal and non-commercial purposes. You may not otherwise use, modify, copy, download, store, print, display, perform, distribute or publish any Content or any part of this Site without our prior written (non-electronic) consent. All rights not expressly granted to you under these Terms are reserved.
The Site may not always be available. We reserve the right to change or remove, and restrict or block access to, all or any part of the Site at any time without notice.
4. No Warranties
The Site and Content are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. We (and our suppliers) make no representations, warranties, or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
5. Disclaimer of Certain Damages
In no event will we or any supplier be liable for any consequential, special, incidental, indirect, or punitive damages, including damages for loss of profits or confidential or other information, business interruption, personal injury, property damage, loss of privacy, failure to meet any duty of good faith or reasonable care, negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, even if we or any supplier have been advised of the possibility of such damages.
6. Limitation of Liability and Exclusive Remedy
We and our suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, or your use of the Site will be to recover the actual damages you incur based upon reasonable reliance on the Site up to five dollars (U.S. $5.00). These actual money damages will be your sole remedy.
Each of the limitations of liability in Sections 5 and 6 apply (a) even if any remedy fails of its essential purpose, and (b) without regard to whether damages arise from (i) breach of contract, (ii) breach of warranty, (iii) fault or tort, including negligence and misrepresentation, (iv) strict liability or (v) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.
7. Applicable Law and Forum
The laws of the State of New York in the United States, as applicable to contracts entered into and to be wholly performed within such state, govern the interpretation of these Terms and you agree to submit to the exclusive jurisdiction and venue in the state and federal courts in New York County, New York for any and all disputes, claims and actions arising from or in connection with the Site and these Terms.
We reserve the right to terminate these Terms and your access to the Site or any portion thereof at any time, without notice. Sections 4, 5, 6, 7, 9, 10 and this sentence will survive termination.
We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to us. You agree to keep your email and mailing addresses current and to check for notices posted on the Site. You agree to send us a notice by contacting me and by sending via postal mail to the following address:
990 6th Avenue, Suite 22S
New York, NY 10018
Attention: Legal Notices