Liquid Management Partners makes no representations or warranties of any kind as to (1) the accuracy or completeness of the information or materials on this Website and assumes no responsibility for any errors or omissions in its content, (2) the availability for use of any copyrighted, trademarked or proprietary materials of third parties that may appear on this Website, (3) the existence of any computer viruses or other bugs that third parties may embed in or attach to this Website without its knowledge or consent and any damage to or virus that may infect any computer equipment or other property in connection with accessing or using this Website, (4) any software made available for downloading, copying or other use through this Website, (5) the merchantability, fitness for use, title to or non-infringement of any or all of the contents of this Website, and (6) that operation of this Website will not be uninterrupted, timely, secure or error free.
Limitations of Liability
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCEPTED AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE, INCLUDING FORM DOWNLOADING SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, LIQUID MANAGEMENT PARTNERS PROVIDES THIS WEBSITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LIQUID MANAGEMENT PARTNERS OR ITS AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE CONTENT, EVEN IF LIQUID MANAGEMENT PARTNERS HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT LIQUID MANAGEMENT PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHERWISE) THAT MAY RESULT FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF LIQUID MANAGEMENT PARTNERS HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Liquid Management Partners has a policy to respect and protect the privacy of its Users. This Agreement discloses how it collects information from Users and how it uses that information. Liquid Management Partners will check the ages of Users before accepting information from them, because no information is collected from Users under the age of 21. From time to time, Liquid Management Partners requests personal information such as a User’s name, e-mail address and birth date. It may request User personal information, for example, when a User registers to enter a promotion, such as a sweepstakes or a contest. Whenever Liquid Management Partners collects and stores User personal information, that information is not be disclosed to third parties without the User’s consent. However, Liquid Management Partners may collect and share aggregate information about its Users (for example, what percentages of its Users are male or female) with advertisers, business partners, sponsors, and other third parties in order to customize the content of this Website to deliver a better experience to its Users.
Liquid Management Partners may disclose User information in special cases when it has reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) Liquid Management Partners’ rights or property, other Liquid Management Partners Users or anyone else. Liquid Management Partners may also disclose User information when it believes, in good faith, that the law requires it.
To keep Users in control of their personal information and the communications directed to them, Users may opt out of receiving communications from Liquid Management Partners about new features or services simply by replying to an email from Liquid Management Partners with “REMOVE” in the body of the email.
An IP address is a number that is automatically assigned to a User’s computer whenever they surf the Web. Web servers automatically identify a User’s computer by its IP address. Liquid Management Partners collects IP addresses for the purposes of system administration, reporting aggregate information to its promotional partners, and auditing use of this Website. When Users request pages from this Website, the servers automatically log the User’s IP addresses. Liquid Management Partners does not normally link IP addresses to anything personally identifiable, which means that a User’s session will be logged, but the User’s identity remains anonymous to Liquid Management Partners. However, Liquid Management Partners can and will use IP addresses to identify a User when it feels such is necessary to enforce compliance with this Agreement or to protect its service, Website, customers or others.
Corporate Identification and Trademarks
All registered and unregistered trademarks and service marks (collectively “Marks”) used or referred to on this Website are the property of Liquid Management Partners or its affiliates, unless otherwise stated. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way for any purpose without Liquid Management Partners’ prior written authorization. The use by a User of the Marks on any other Website is strictly prohibited.
Proprietary Rights to Content
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make only one (1) copy of such Content and only for personal, noncommercial use. User may not copy, reproduce, distribute or create derivative works from the Content or use the Content other than as expressly authorized by this Agreement without Liquid Management Partners’ prior and express written authorization.
User agrees that all information posted or accessed by User will be used only for informational or educational purposes. No commercial or other unauthorized use of the interactive features of this Website may be made by User. User may not engage in any conduct or action that is prohibited by or violates Federal, state or local law. User agrees not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, which contains vulgar, obscene or indecent language or images, which contains unauthorized copyrighted material or which infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, including Liquid Management Partners.
User agrees that any materials (including without limitation, stories, text, pictures) submitted by User to Liquid Management Partners become the sole property of Liquid Management Partners, and that User has no rights of any kind in such materials. To the extent that ownership of such materials cannot be transferred by User to Liquid Management Partners, User grants Liquid Management Partners a worldwide, royalty free, and nonexclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.
Links to Third Party Sites
Liquid Management Partners may provide Users with links to other Websites that have been selected by Liquid Management Partners. User understands and acknowledges that such third party Websites are not under the control of Liquid Management Partners and that Liquid Management Partners is not responsible or liable for any content, advertising, products or other materials found on or available from such third party Websites. User agrees that Liquid Management Partners shall not be liable for any loss or damage of any sort whatsoever sustained by User as a result of User using any such third-party Website. While Liquid Management Partners strives to protect their Users’ personal information and privacy, it cannot guarantee the security of any information Users may disclose elsewhere online.
User agrees, at User’s expense, to indemnify, defend and hold harmless Liquid Management Partners, its members, officers, directors, employees, agents, affiliates, distributors, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this Website or any product or service related thereto.
Venue and Governing Law
This Agreement and the relationship between User and Liquid Management Partners shall be governed by and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Website and the material contained in this Website shall be resolved in the Federal courts in New York, New York. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
Waiver and Sever-ability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved to Liquid Management Partners.
Copyright and Trademark Notice
This Website is protected by United States copyright laws, and may also be protected by the copyright laws of other countries and jurisdictions.