Terms and Conditions
All use of Sundance Enterprises, Inc.’s (“Sundance”) Web pages is subject to the terms and conditions set forth below. Any use of such Web pages constitutes the user’s agreement to abide by the following terms and conditions.
All information provided by Sundance and its affiliates is owned by or licensed to Sundance and its affiliates (the “Sundance Information”). Sundance and its licensors retain all proprietary rights to the Sundance Information. Sundance has the right to use all material entered into these Web pages (other than third-party material transmitted through private electronic mail) in any of Sundance’s print or electronic publications. Except for making one hard copy print of limited portions of the Sundance Information on an ad hoc basis, or downloading as expressly authorized by Sundance, the Sundance Information may not be reproduced, transmitted or distributed without Sundance’s permission.
Sundance makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the Sundance Information. Neither Sundance nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the Sundance Information or for any damages resulting therefrom. THE USER UNDERSTANDS AND AGREES THAT USE OF THE SUNDANCE INFORMATION IS AT USER’S SOLE RISK. THE SUNDANCE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUNDANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE MATERIALS ON THIS WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SUNDANCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SUNDANCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SUNDANCE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT SUNDANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUNDANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SUNDANCE’S WEB SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Users entering materials on any of these Web pages are responsible for the content of that material. Sundance has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through Sundance’s pages. However, Sundance retains the right, which it may or may not exercise, at its sole discretion, to review, edit or delete from its web pages any third-party material that Sundance deems to be illegal, offensive or otherwise inappropriate.
Users may, through hypertext or other computer “links,” gain access to other sites on the Internet that are not part of Sundance’s Web pages. Sundance assumes no responsibility for any material outside of the Sundance Web pages that may be accessed through any such “link.” ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB PAGE IS DONE AT USER’S DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. The user agrees to indemnify Sundance from any damages, losses, costs or expenses which Sundance, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these Web pages by the user.
Any rights not expressly granted herein are reserved. Information on this website is subject to change without notice and does not represent a commitment on the part of Sundance. Nothing contained herein shall be construed as creating an obligation on the part of Sundance to provide the products or services described.
This Web Site is controlled, operated and administered by Sundance from its offices within the United States of America. Sundance makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States. You may not use the Site in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Westchester County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Sundance relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These terms and conditions will inure to the benefit of Sundance’s successors, assigns and licensees.
This Agreement constitutes the entire agreement between Sundance and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.