MISMI, INC.
WEB SITE TERMS AND CONDITIONS OF SERVICE
Updated: December 12, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Terms") BEFORE USING THIS SITE.
BY CONTINUING TO ACCESS OR USE THIS SITE OR ANY SERVICE ON THIS SITE,
YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS. FROM TIME TO TIME, MISMI,
INC. ("MISMI") MAY MODIFY THE TERMS. ANY TERMS OR CONDITIONS PROPOSED
BY YOU THAT ARE IN ADDITION TO OR WHICH CONFLICT WITH THE TERMS ARE
EXPRESSLY REJECTED BY MISMI AND SHALL BE OF NO FORCE OR EFFECT.
Disclaimer. The material on this web site is for
information purposes only, and is not an offer or recommendation to buy
or sell or a solicitation of an offer to buy or sell any security or
instrument or to participate in any particular trading strategy.
Further, none of the material on the Web Site is intended to constitute
investment advice or a recommendation to make (or refrain from making)
any kind of investment decisions and may not be relied on as such.
Historical data and analysis should not be taken as an indication or
guarantee of any further performance, analysis, forecast o prediction.
Intellectual Property. This web site, including but
not limited to text, content, photographs, video, audio and graphics
(including all such information provided by Mismi in response to any
request through this web site, is protected by copyrights, trademarks,
service marks, international treaties and/or other proprietary rights
and laws of the U.S. and other countries, and is also protected as a
collective work or compilation under U.S. copyright and other laws and
treaties. The trademarks, service marks, trade names, trade dress,
logos, designs, and sounds associated with this web site are owned by
Mismi, or third parties who have authorized their use.
Restrictions on Use. You may not use this Web Site or
the information provided at this web site for any illegal purpose or in
any manner inconsistent with the Terms. You agree to use this web site
solely for your personal use and benefit or that of your organization,
and not for resale or other transfer to, or use by or for the benefit
of, any other person or entity. You agree not to use, transfer,
distribute or dispose of any information contained in this web site in
any manner that could compete with the business of Mismi. You acquire
no rights or licenses in or to the web site and materials contained
therein. Mismi prohibits caching this web site, unauthorized hypertext
links to this Site, and the framing of any materials available through
this web site.
Rights Reserved. All present and future rights in and
to trade secrets, patents, copyrights, trade names, trademarks, service
marks, databases, know-how and other proprietary rights of any type
under the laws of any governmental authority, domestic or foreign,
including rights in and to all applications and registrations relating
to this web site shall, as between you and Mismi, at all times be and
remain the sole and exclusive property of Mismi.
Disclaimer and Limitation of Liability. Although shall obtain information and data available on the web site (the "information")
from sources that Mismi considers reliable, the information is provided
on an "as is" basis and neither Mismi, its affiliates, any of its or
their direct or indirect information providers nor any other third party
involved in, or related to, compiling, computing or creating any of the
information (collectively, the "Mismi parties")
warrants or guarantees the originality, accuracy and/or the completeness
of any of the information or the results to be obtained by any use
thereof and none of the Mismi parties shall have any liability to any
person or entity for any errors, omissions or interruptions of or in
connection with the information. Further, none of the Mismi parties
makes any express or implied warranties of any kind and the Mismi
parties hereby expressly disclaim all warranties (including, without
limitation and for purposes of example only, all warranties of title,
sequence, availability, originality, accuracy, completeness, timeliness,
non-infringement, merchantability and fitness for a particular purpose
and all implied warranties arising from trade usage, course of dealing
and course of performance) with respect to the information, without
limiting the generality of any of the foregoing, in no event shall any
of the Mismi parties have any liability to any person or entity for any
damages, whether direct, indirect, special, incidental, punitive,
consequential (including, without limitation, loss of use, lost profits
or revenues or any other economic loss), even if it might have
anticipated, or was advised or notified of, the possibility of such
damages.
Indemnification. You agree, at your own expense, to
indemnify, defend and hold harmless Mismi and its employees,
representatives, Suppliers and agents, against any claim, suit, action
or other proceeding, to the extent based on or arising in connection
with your use of this web site, or any links on this web site,
including, but not limited to your use or someone using your computer's
use of this web site. You agree to pay any and all costs, damages and
expenses (including reasonable attorneys? fees) and costs awarded
against or incurred by or in connection with or arising from any such
claim, suit, action or proceeding.
Governing Law. These Terms shall be governed and
construed in accordance with the laws of the United States of America
and the State of New York, without giving effect to conflicts-of-law
principles thereof. You agree to submit to the personal jurisdiction of
the state and federal courts located in the Borough of Manhattan with
respect to any legal proceedings arising out of this agreement and waive
any objection to the propriety or convenience of venue in such courts.
If any provision of the Terms is found by a court of competent
jurisdiction to be invalid or unenforceable, such provision shall be
enforced to the maximum extent permissible and the other provisions of
the Terms shall remain in full force and effect. If you choose to
access this web site from outside the United States, you are responsible
for compliance with foreign and local laws. The Directive 2000/31/EC
of the European Parliament and of the Council of 8 June 2000 on certain
legal aspects of information society services, in particular electronic
commerce, in the Internal Market ('Directive on electronic commerce') as
implemented is excluded to the fullest extent permissible by law with
respect to your access to and use of this web site.
Official Correspondence. Official Correspondence must be sent via postal mail to:
Mismi, Inc.
810 7th Ave
Suite 2200
New York, NY 10019
Phone: 646-839-6100
Fax: 646-839-6123