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Invitation
Newkirk Products, Inc. ("Newkirk")
maintains this site (the "Site") for
your information and education. Please feel free
to browse the Site.
Restriction on Use of Materials
You may download or copy materials displayed
on the Site for non-commercial, personal use
only, provided you retain all copyright and other
proprietary notices contained on the materials.
You may not, however, distribute, modify, transmit,
reuse, re-post, or use the content of the Site
for public or commercial purposes, including
text, images, audio, and video, without the written
permission of Newkirk.
Ownership
You should assume that everything you see
or read on the Site is copyrighted unless otherwise
noted. Materials may not be used except as provided
in these Terms and Conditions or in the text
on the Site without the written permission of
Newkirk. Newkirk neither warrants nor represents
that your use of materials displayed on the Site
will not infringe the rights of third parties
not owned by or affiliated with Newkirk. No copyright
is claimed with respect to materials published
by the U.S. government or any agency thereof.
Accuracy
While Newkirk uses reasonable efforts to
include accurate and up-to-date information on
the Site, Newkirk makes no warranties or representations
as to its accuracy. Newkirk assumes no liability
or responsibility for any errors or omissions
in the content of the Site.
Frequently asked questions and answers
and commentary are provided as general guidance
on the subjects covered and are not provided
as legal advice to the questioner's situation.
Any legal issues should be reviewed by your legal
counsel, who can apply the law to the particular
facts of your situation. The laws, regulations,
and court decisions in the employee benefits
area change frequently. Answers and commentary
are believed to be correct as of the posting
dates shown. The completeness or accuracy of
specific information provided on the Site may
be affected by changes in the laws, regulations,
or court decisions that occur after the date
on which material is posted.
Warranties
The Site is provided to you "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Browsing or using
the Site is done at your own risk.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL NEWKIRK BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, A NEWKIRK
SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Viruses
Newkirk also assumes no responsibility,
and shall not be liable for, any damages to,
or viruses that may infect, your computer equipment
or other property on account of your access to,
browsing, or using the Site or your downloading
of any materials, data, text, images, video,
or audio from the Site.
Intellectual Property, Privacy, and Publicity
Images of people or places displayed on
the Site are either the property of, or used
with permission by, Newkirk. The use of these
images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by
these Terms and Conditions or specific permission
provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks
(collectively the "Trademarks") displayed
on the Site are registered and unregistered Trademarks
of Newkirk and others. Nothing contained on the
Site should be construed as granting, by implication,
estoppels, or otherwise, any license or right
to use any Trademark displayed on the Site without
the written permission of Newkirk or such third
party that may own the Trademarks displayed on
the Site. Your misuse of the Trademarks displayed
on the Site, or any other content on the Site,
except as provided in these Terms and Conditions,
is strictly prohibited.
Links
Newkirk has not reviewed all of the external
sites linked to the Site and is not responsible
for and assumes no liability for the accuracy,
content, or availability of any off-site pages
or any other sites linked to the Site. Your linking
to any other off-site pages or other sites is
at your own risk.
Choice of Law/Forum Selection
By using this website, users agree that
any disputes arising from such use will be resolved
in accordance with the laws of the State of New
York, without regard to any provision of New
York law that would require or permit the application
of the substantive law of any other jurisdiction,
and that any legal action with respect to any
such disputes shall be brought in the federal
or state courts located in Albany County, New
York.
Revisions
Newkirk may at any time revise these Terms
and Conditions by updating this posting. You
are bound by any such revisions and should therefore
periodically visit this page to review the then
current Terms and Conditions to which you are
bound.
Revised: 2/2011
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