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TIRF Labs, Inc. maintains this Web site (the "Site") as a service to our customers and the businesses they represent (collectively, "User" or "you"). By using this Site, the User agrees to accept and abide by the Terms and Conditions of Use set forth in this agreement and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, the user should not use the Site. TIRF Labs may revise or modify these Terms and Conditions of Use at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions of Use as so revised or modified.
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This site and the TIRF Labs materials are provided on an "as is" and "as available" basis and as such this site and the tirf labs materials may contain inaccuracies and typographical errors. TIRF Labs does not warrant the accuracy or completeness of the tirf labs materials or any opinion, advice or statement displayed on this site or your ability to access the site or any portion thereof. You expressly agree that your use of this site is at your sole risk. To the fullest extent permissible by applicable law, TIRF Labs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement regarding the site and the TIRF Labs Materials. TIRF Labs does not warrant that this site, its services or e-mail sent from TIRF Labs are free of viruses or other harmful components. TIRF Labs will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion of limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
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User understands and agrees that TIRF Labs, its subsidiaries, affiliates, officers, directors, employees and shareholders are not responsible for and shall have no liability for any User-Generated Content. Based on the very nature of User-Generated Content, TIRF Labs does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as User-Generated Content on the Site. Any User-Generated Content placed on the site represents the views of the posting user, and is the responsibility of the user.
TIRF Labs may examine User-Generated Content on the Site from time to time and TIRF Labs maintains the absolute right (though not the obligation) in the sole discretion of TIRF Labs to remove any User-Generated Content that does not meet the standards listed herein, or which is otherwise objectionable in the TIRF Labs' sole and absolute discretion. TIRF Labs also reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions of Use.
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TIRF Labs intends to comply with the requirements of the Digital Millennium Copyright Act ("DMCA"). If you own a copyright or are the agent of a copyright owner, and you believe that any User-Generated Content infringes your copyrights, you may submit written notification to the email: email@example.com, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted works, or a representative listing if multiple works are allegedly infringing on a single online site; (c) identification of the material which is claimed to be infringing and information reasonably sufficient to permit the TIRF Labs to locate the material; (d) information reasonably sufficient to permit the TIRF Labs to contact you, such as a telephone number, address or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a User whose User-Generated Content has been disabled or removed from the Site, and you believe that your User-Generated Content is not infringing or if you have been authorized by the owner of the copyright, its agent or the law to post or transmit the content as User-Generated Content, you may send a counter-notice to firstname.lastname@example.org, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User-Generated Content which has been removed or to which your access has been denied and the location at which the User-Generated Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User-Generated Content was removed or disabled as a result of a mistake or misidentification of the User-Generated Content; (d) your name, address, telephone number and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the state of North Carolina and will accept service of process from the person who provided notification to TIRF Labs of the allegedly infringing material.
If the designated contact person a TIRF Labs receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User-Generated Content will be restored or access to the User-Generated Content enabled within 10 business days. The TIRF Labs shall have the sole discretion to replace the User-Generated Content or enable access to the User-Generated Content at any time after 10 business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
TIRF Labs reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.
Any dispute relating in any way to your visit to the Site or to the services you purchase through the Site shall be submitted to confidential arbitration in Cary, North Carolina, except that, to the extent you have in any manner violated or threatened to violate TIRF Labs' intellectual property rights, TIRF Labs may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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This Site may contain information and press releases concerning TIRF Labs. While this information was believed to be accurate to the best of TIRF Labs' knowledge when put on this Site, TIRF Labs expressly disclaims any duty or obligation to update such information or keep such information current.
TIRF Labs may end this legal agreement with you at any time if you violate the Terms and Conditions of Use, if TIRF Labs is required to do so by law, or, if TIRF Labs determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. TIRF Labs shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions of Use. Upon termination, any provisions of this agreement required to preserve the intent of the parties agreement as expressed in these Terms and Conditions of Use shall survive.
This Site is intended only for Users over the age of 18, or the age of majority in the User's location, whichever is later. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.
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