The BusyRochester.com website ("Site") is made available by Point Blank, Inc. All content provided on or through this Site may be used only under the Terms and Conditions stated below. Use of this website constitutes your agreement to the terms and conditions of use established by BusyRochester.com.
When you access information provided on the Site, you acknowledge your agreement to these Terms and Conditions. References to "you" or "your" refer to you as an individual as well as in any representative capacity you may have.
1. SERVICES PROVIDED
2. PROPERTY RIGHTS ON THE SITE AND IN USER-SUBMITTED DATA
2.1 Property Rights on the Site
Subject to these Terms and Conditions BusyRochester.com hereby grants to you, the right to access and use the Site. In your use of the Site you agree not to remove any copyright or other notices contained therein. You also agree not to use the Site for any unlawful purpose.
The Site is the property of Point Blank, Inc. and is protected by applicable copyright, patent, trademark or other intellectual property law. Point Blank, Inc. retains its title, ownership rights, and intellectual property rights in and to the Site.
In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information, services, software, or goods of any company, organization, or person other than BusyRochester.com, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Point Blank, Inc. and agree that Point Blank, Inc. shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
POINT BLANK, INC. MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER POINT BLANK, INC.'S CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.
Transmission or use of any material in violation of these Terms and Conditions — or any applicable law, rule or regulation (whether of the United States or other countries) — or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
2.2 Property Rights in User Submitted Data
Data, information or other content uploaded directly to, or provided to BusyRochester.com to place on the Site by you ("User Submitted Data") shall be and remain your property. All other information gathered or provided by BusyRochester.com (including, without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of BusyRochester.com ("Site Use Data").
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
3.1 THE SITE IS PROVIDED "AS IS." NEITHER BUSYROCHESTER.COM NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS AND BUSYROCHESTER.COM AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
3.2 YOU UNDERSTAND THAT POINT BLANK, INC. DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. POINT BLANK, INC. MAY DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD POINT BLANK, INC. LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.
3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL POINT BLANK, INC. OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, POINT BLANK, INC. SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
4. YOUR INFORMATION
4.1 You hereby represent and warrant that you are at least eighteen (18) years of age; that any information you have provided to the Site is true and accurate to the best of your knowledge; and that you have read and agree to the terms of our Privacy Statement.
4.2 You shall not upload to the Site any User Submitted Data which:
— violates or infringes the rights of any persons, including without limitation rights in copyrights, patents, trademarks or other intellectual property rights;
— is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law; or
— contains viruses, "worms", "trojan horses" or any other harmful properties, or use the Services for, or to further, any illegal purposes. BusyRochester.com reserves the right, in its sole discretion, to edit or delete any User Submitted Data uploaded to the Site in violation of the foregoing.
BusyRochester.com agrees to protect and maintain the confidentiality of User Submitted Data in accordance with the policies, methods, and procedures set forth in the privacy statements and security policies on the Site.
You agree to indemnify and hold harmless Point Blank, Inc. (and its directors, officers, employees, control persons, suppliers, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to: (a) your breach of your agreements, representations and warranties contained in these Terms and Conditions; (b) your use of the Site (i) in violation of these Terms and Conditions, (ii) in violation of any rights of Point Blank, Inc. or any third-party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or (iv) information or materials you upload or post to the Site.
7. COMPLIANCE WITH LAWS
You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our Web site, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Web site.
8.1 Notices given by BusyRochester.com to you will be given by e-mail, or by a general posting on BusyRochester.com, or by conventional mail. In any matter requiring BusyRochester.com's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of BusyRochester.com. Notices given by you to the BusyRochester.com may be sent by e-mail or by conventional mail addressed to Point Blank, Inc., 5868 Route 209, Kerhonkson, New York 12446-3110.
8.2 Except as herein provided, no waiver, modification or amendment of any provision of these Terms and Conditions shall be effective against BusyRochester.com unless the same is in writing and signed by an authorized official of BusyRochester.com. BusyRochester.com may modify these terms and conditions at any time upon written notice or posting to the Site. You agree that if you access and or use the Site after notification of changes in these Terms and Conditions, you will be bound by all such changes.
8.3 BusyRochester.com's failure to insist at any time upon strict compliance with any term of these Terms and Conditions, or any delay by BusyRochester.com in enforcing these Terms and Conditions, or a continued course of such conduct on BusyRochester.com's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. If any provision of these Terms and Conditions is declared invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intentions of the parties as nearly as possible in accordance with applicable law. These Terms and Conditions will be governed by and construed and enforced in accordance with the substantive law of the State of New York. The parties consent to venue in Ulster County, New York and to the jurisdiction of competent state and federal courts for all litigation which may be brought with respect to the terms of, and the transactions and relationships contemplated by these Terms and Conditions.
BY CONTINUING TO USE BUSYROCHESTER.COM YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.