By using the Site and/or the Content User represents that
Copyright Protection. All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Site and the Content (except for the Third Party Content – as defined below), shall remain in Hudson Rock, its affiliates, or their respective licensors, if any. User agrees that nothing contained in the Site shall be construed as granting a license to use any intellectual property right with respect to the Site or the Content without the prior written permission of Hudson Rock.
Each User agrees upon Hudson Rock’s first demand to indemnify, defend, and hold Hudson Rock and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) use of the Site and/or the Content; (ii) use of any Third Party Content and/or any other interaction with third parties through the Site; (iii) violation of the terms hereof; or (iv) violation of any third party’s rights. Hudson Rock reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
USER UNDERSTANDS AND AGREES THAT USER’S USE OF HUDSON ROCK’S SITE AND/OR CONTENT AND/OR THIRD PARTY CONTENT ARE AT USER’S OWN RISK. HUDSON ROCK’S SITE AND CONTENT AND THIRD PARTY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUDSON ROCK AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HUDSON ROCK AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SITE AND/OR THE CONTENT AND/OR THE THIRD PARTY CONTENT WILL MEET USER’S EXPECTATIONS; AND (ii) THE SITE AND/OR THE CONTENT AND/OR THE THIRD PARTY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY CONTENT AND/OR THE SITE AND/OR THIRD PARTY CONTENT IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE SITE, THE CONTENT, AND/OR THE THIRD PARTY CONTENT, AND/OR THE DOWNLOAD THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Hudson Rock OR THROUGH OR FROM THE SITE AND/OR THE CONTENT AND/OR THE THIRD PARTY CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
IN NO EVENT SHALL HUDSON ROCK OR ITS AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS (EVEN IF Hudson Rock HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE THIRD PARTY CONTENT; OR (ii) ANY OTHER MATTER RELATING TO THE USER’S USE OF THE SITE AND/OR THE CONTENT AND/OR THE THIRD PARTY CONTENT OR THESE TOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Hudson Rock’S TOTAL LIABILITY TO USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$100. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 40 DAYS AFTER THE CAUSE OF ACTION HAS OCCURRED.
Hudson Rock is always pleased to hear from its Users, and welcome their comments or suggestions (“Ideas”). When Hudson Rock refers to an “Idea” herein, Hudson Rock means: any comment, or suggestion made to Hudson Rock. With regard to such Ideas User represents and warrants that (i) such Ideas are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) Hudson Rock is entitled to unrestricted use or disclosure of the Ideas for any purpose whatsoever, all without compensation to the User that submitted the Idea.