Legal Disclaimers

Legal Disclaimer
IMPORTANT DISCLAIMERS AND TERMS OF USE

Welcome to the Cane2.com website. Cane2.com is provided by Cane2.com. subject to your compliance with the terms and conditions set forth below (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE Cane2.com WEBSITE. BY ACCESSING OR USING Cane2.com, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE Cane2.com. THE RIGHT TO USE Cane2.com IS PERSONAL, AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.

Cane2.com. MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION AT Cane2.com. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT, YOU MAY CANCEL THE AGREEMENT BY SENDING US NOTICE OF TERMINATION TO THE E-MAIL OR POSTAL MAIL ADDRESS IDENTIFIED IN SECTION 12 BELOW. UNLESS AND UNTIL WE RECEIVE SUCH NOTICE, YOUR CONTINUED ACCESS OR USE OF Cane2.com FOLLOWING POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE THEREOF. Cane2.com SHALL ALSO HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF Cane2.com, INCLUDING, BUT NOT LIMITED TO, ALL OF ITS CONTENT, AND ITS HOURS OF AVAILABILITY.

1. Glossary.

Cane2.com is an interactive online service on the World Wide Web portion of the Internet, owned and operated by Cane2.com. ("Cane2"), and consisting of reviews and evaluations of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations, or suggestions about what products or services are either 'best bets', 'top-rated', 'suggested', or in some way 'recommended', and rankings of third party reviews and other information sources across multiple categories. "Content" means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on Cane2.com, whether such Content is owned by Cane2 or third parties. "User" means each person who establishes or accesses a connection for access and for use of Cane2.com.

2. User Conduct.

(A) User shall use Cane2.com for lawful purposes only. User shall not post or transmit through Cane2.com any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cane2's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Cane2's discretion restricts or inhibits any other User from using or enjoying Cane2.com will not be permitted. User shall not use Cane2.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with Cane2.com.

(B) Cane2.com contains copyrighted material, trademarks of Cane2 as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. Cane2 owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to Cane2.com. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Cane2 and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on Cane2.com any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to Cane2.com, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants Cane2 the right to edit, copy, publish and distribute any material made available on Cane2.com by User.

3. Disclaimer of Warranty; Limitation of Liability.

(A) USER EXPRESSLY AGREES THAT USE OF Cane2.com IS AT USER'S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. Cane2.com IS PROVIDED ON AN "AS IS "AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

(B) NEITHER Cane2, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Cane2.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Cane2.com, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH Cane2.com. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.

(C) IN NO EVENT WILL Cane2, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Cane2.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE Cane2.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL OF THE CONTENT ON Cane2.com. IN ANY EVENT, Cane2'S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO Cane2.com OR 25 DOLLARS ($25.00).

(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. Cane2 SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT Cane2 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(E) Cane2 DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON Cane2.com TO BE REFERRALS OR ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. Cane2 IS NOT AFFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING Cane2.com.

4. Monitoring.

Cane2 shall have the right, but not the obligation, to monitor the Content of Cane2.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Cane2, and to satisfy any law, regulation or authorized government request. Cane2 shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on Cane2.com. Without limiting the foregoing, Cane2 shall have the right to remove any material that Cane2, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.

5. Indemnification.

User agrees to defend, indemnify and hold harmless Cane2, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, based upon or arising out of the use of Cane2.com by User.

6. Termination.

Either Cane2 or User may terminate this Agreement, and the right to access Cane2.com, at any time. The provisions of Sections 2(B), 2(C), 3, 5, 7, 9 and 10 shall survive termination of this Agreement.

7. Trademarks.

Cane2 and Cane2.com are service marks (trademarks pending) of Cane2.com. All rights reserved. All other trademarks appearing on Cane2.com are the property of their respective owners.

8. Miscellaneous.

This Agreement and any operating rules for Cane2.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

9. Arbitration.

Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Cane2 for any violation of Cane2's proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be White Plains, New York, USA.

10. Privacy.

The User's privacy is important to Cane2. All information gathered from the User in connection with User's use of Cane2.com will be governed by the provisions of the Cane2.com Privacy Policy.

11. Copyrights and Copyright Agent.

Cane2 respects the rights of all copyright holders and, in this regard, Cane2 has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cane2's Copyright Agent with: a notice containing the identification of the protected work claimed to have been infringed, the identification of the material that is allegedly infringing on the protected work, the information that would allow the Copyright Agent to contact the owner of the protected work (including name, address, telephone number, and e-mail address), a statement by the owner of the protected work indicating that they have a good faith belief that the use of the work is not authorized by the owner, its agent, or the law, and a sworn statement from the owner of the protected work, or from a person authorized to act on their behalf, that states that all the information is accurate under penalty of perjury.

Cane2's Copyright Agent for notice of claims of copyright infringement on or regarding Cane2.com can be reached as follows:

Copyright Agent