This agreement governs your use of the ginarotolo.com
web site and related Internet information service
(the "Service"), which is operated by
Mobius Risk Group LLC. Additional terms and conditions
of use applicable to specific areas of the Service
may also be posted in such areas and, together
with this agreement, govern your use of those
areas. This agreement, together with any such
additional term and conditions, are referred to
as this "Agreement."
Mobius Risk Group LLC reserves the right, in
its discretion, to change or modify all or any
part of this Agreement at any time, effective
immediately upon notice published on the Service.
Your continued use of the Service constitutes
your binding acceptance of these terms and conditions,
including any changes or modifications made by
Mobius Risk Group LLC as permitted above. If at
any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately
cease all use of the Service.
Use Of Content
You acknowledge that the Service contains information,
software, photographs, audio and video clips,
graphics, links and other material (collectively,
the "Content") that are protected by
copyright, trademark or other proprietary rights
of Mobius Risk Group LLC or third parties. All
Content on the Service is copyrighted as a collective
work of Mobius Risk Group LLC pursuant to applicable
copyright law. You agree to comply with any additional
copyright notices, information, or restrictions
contained in any Content available on or accessed
through the Service. Users of the Service may
use the Content only for their personal, noncommercial
use.
You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit
any of the Content, in whole or in part, except
as expressly permitted in this Agreement. Content
consisting of downloadable software may not be
reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned
by you (such as your original statements), Content
for which you have received express permission
from the owner and Content in the public domain.
You assume all risk and responsibility for determining
whether any Content is in the public domain. You
grant to Mobius Risk Group LLC the right to edit,
copy, publish, distribute, translate and otherwise
use in any medium any Content that you place on
the Service without compensation to you. You represent
and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
You may download or copy the Content only for
your own personal use, provided that you maintain
all copyright and other notices contained in such
Content. You shall not store electronically any
significant portion of any Content. Except as
expressly permitted by the copyright laws, no
copying, storage, redistribution or publication
of any Content is permitted without the express
permission of Mobius Risk Group LLC or the owners
of such Content or their authorized persons, if
other than Mobius Risk Group LLC. You may download
from the Service any Content in the public domain
for your own personal use or for non-commercial
redistribution.
Rules of Conduct
You shall not post on the Service any Content
which (a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, (b) contains
viruses or other contaminating or destructive
features, (c) violates the rights of others, such
as Content which infringes any copyright, trademark,
patent, trade secret or violates any right of
privacy or publicity, or (d) otherwise violates
any applicable law. You may not post on the Service
any links to any external Internet sites that
are obscene or pornographic. You shall not use
the Service for any commercial purpose, to distribute
any advertising or solicitation of funds or goods
and services or to solicit users to join competitive
online services.
Indemnity
You agree to indemnify, defend and hold Mobius
Risk Group LLC and its affiliates, and their respective
officers, directors, owners, agents, information
providers and licensors (collectively, the "Mobius
Risk Group LLC Parties") harmless from and
against any and all claims, liability, losses,
costs and expenses (including attorneys' fees)
incurred by any Mobius Risk Group LLC Party in
connection with any use or alleged use of the
Service. Mobius Risk Group LLC reserves the right,
at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you, and in such case, you
agree to cooperate with Mobius Risk Group LLC
defense of such claim.
Termination of Service
Mobius Risk Group LLC reserves the right, in
its sole discretion, to restrict, suspend or terminate
access to all or any part of the Service, at any
time for any reason without prior notice or liability.
Mobius Risk Group LLC may change, suspend or discontinue
all or any aspect of the Service at any time,
including the availability of any feature, database,
or Content, without prior notice or liability.
Disclaimer of Warranties; Limitation of
Liability
NEITHER Mobius Risk Group LLC NOR ANY PROVIDER
OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES Mobius Risk Group LLC,
ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO
BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON
AN "AS IS, AS AVAILABLE" BASIS. NONE
OF Mobius Risk Group LLC, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES
SOLD THROUGH THE SERVICE. NEITHER Mobius Risk
Group LLC NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS
ASSUMED SOLELY BY YOU.
NEITHER Mobius Risk Group LLC, ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF Mobius Risk Group LLC, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Miscellaneous
This Agreement shall be construed in accordance
with the laws of the State of Texas, and the parties
irrevocably consent to bring any action to enforce
this Agreement in the federal or state courts
located in County of Harris, City of Houston,
Texas. This Agreement constitutes the entire agreement
between the parties with respect to the subject
matter hereof, and supersedes all previous written
or oral agreements between the parties with respect
to such subject matter. If any inconsistency exists
between the terms of this agreement and any additional
terms and conditions posted on the Service, such
terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the
additional terms and conditions shall control.
Certain sections of this Agreement shall survive
any termination of this Agreement as well as any
other provisions, which by their terms or sense
are intended to survive.
