Terms of Use
Notice
Eastman Commons Community, Inc. is providing this website (the “Site”) to you subject to the following terms (“Terms”). These Terms should be read carefully as they exclude or limit any liability as set forth in the terms and conditions which apply to your use of the Site. By using the Site, you agree to be bound by the Terms below. If, at any time, the provisions of these Terms are not acceptable to you or if you do not agree to be bound by these Terms, please discontinue your use of the Site.
Use of Information and Materials
The information and material contained within this Site, and the terms, conditions and descriptions that appear are subject to change. Unauthorized use of this Site or unauthorized entry into Eastman Commons’ systems, misuse of access, contact features or misuse of any information contained within the Site is strictly prohibited. The availability of information and materials described on this Site, as well as associated linkages may change from time to time. Your use of the information and materials is strictly limited to view the information contained in the Site and print pages in the Site for informational, non-commercial purposes only and no ownership right shall to extend to the user for any other purpose.
Copyright © Eastman Commons 2008
Content in the pages, in the screens displaying the pages, and in the information, materials and other content contained in the Site applicable to Eastman Commons is owned by Eastman unless otherwise indicated and is protected by United States and international copyright laws and treaties. Accordingly, such information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to created a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of Eastman Commons. No solicitation is made or intended by Eastman Commons to any person to use any information or materials in a jurisdiction where such information or materials is prohibited by law.
Submissions
All information submitted to Eastman Commons via this Site shall be deemed and remain the property of Eastman, and Eastman shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide Eastman Commons through this Site. Eastman Commons shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Eastman Commons' responsibilities and obligations to visitors and or users in accordance with Eastman Commons' Privacy Policy disclosed elsewhere via this Site.
Third Party Links
Eastman Commons has provided hypertexts links and pointers to websites maintained by third parties that are not part of the Site for you to access in your sole discretion and may from time to time provide third party materials on the Site (“Third Party Sites”). Eastman Commons nor its affiliates operate or control in any respect any information, products, or services on these Third Party Sites, and Eastman Commons makes no representations and you expressly agree that Eastman Commons is not responsible for any misinterpretation(s), changes, losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such Third Party Sites. The provision of hypertext links to these Third Party Sites is not a guarantee or endorsement of the information, facts, materials, products, services, or recommendations of such Third Party Sites, and Eastman Commons is not liable for any reliance upon or the failure of any products or services advertised on these or any other Third Party Sites. Also, you should be advised that Third Party Sites might have a privacy policy different from that of Eastman Commons and Third Party Sites may provide more or less security than this Site.
Disclaimer of Warranties
Access to and use of the Site is at your own risk and Eastman Commons or its providers do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, or otherwise minimize or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans, worms or others such conventions that might be prevalent or arise in the future. Also, Eastman accepts no liability in respect of misinterpretations, losses or damages arising out of changes made to the content of the Site by unauthorized third parties.
THE INFORMATION CONTAINED IN THIS SITE, INCLUDING TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS ARE PROVIDED “AS IS.”. NEITHER Eastman Commons NOR ITS SUPPLIERS or providers WARRANT THE AVAILABILITY, ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SITE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL Eastman Commons OR ITS THIRD PARTY providers or SUPPLIERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON or through THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Eastman Commons OR ITS THIRD PARTY PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
Governing Law and Jurisdiction
You agree that your use of the Site shall be governed by all applicable Federal laws and the laws of the State of New York without giving effect to any principles of conflicts of law. You expressly agree to submit to the sole and exclusive jurisdiction of the state and federal agencies sitting in or applicable to the City of Rochester, County of Monroe in the State of New York.
Revised 01/2008
