Do not post information that you know to be confidential or sensitive or
otherwise in breach of the law.
Not exact matches
By submitting User Materials to or using the Site, you represent that you have the full legal right to provide the User Materials, that such User Materials will not: (a) divulge any protected health information or infringe any intellectual property rights
of any person or entity or any rights
of publicity, personality, or privacy
of any person or entity, including without limitation as a result
of your failure to obtain consent to post personally identifying or
otherwise private information about a person or which impersonates another person; (b) violate any
law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any
of the foregoing; (g) result
in product liability, tort,
breach of contract, personal injury, death, or property damage; (h) constitute misappropriation
of any trade secret or know - how; or (i) constitute disclosure
of any confidential information owned by any third party.
24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms
of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof
of damages, to appropriate equitable remedies with respect to
breaches of these Terms & Conditions,
in addition to such other remedies as we may
otherwise have available to us under applicable
laws.
You and Velocity Micro agree that any claim, dispute, or controversy, whether
in contract, tort or
otherwise, and whether pre-existing, present or future, and including statutory, common
law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from,
in connection with, or relating to this Agreement, its interpretation, or the
breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code
of Procedure then
in effect.
The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning
of Section 15
of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost
of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred
in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common
law or
otherwise, arising out
of or based upon: (i) any untrue statement, or alleged untrue statement,
of a material fact required to be stated
in either any Registration Statement or any Prospectus, (ii) the
breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be
You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights
of publicity or privacy; (ii) violate any applicable
law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive
of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent
of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution
of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or
otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or international
laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations
of networks connected to the Sites, or attempt to
breach the security
of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one
of PetSmart Charities» or another party's officers or employees, or falsely state or
otherwise misrepresent your affiliation with a person or entity; (x) forge headers or
otherwise manipulate identifiers
in order to disguise the origin
of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or
otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form
of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security
of any content, host, network or account («cracking») on or from the Sites; or (xiv)
in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or
otherwise not
in furtherance
of our Vision
of a lifelong, loving home for every pet.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (ii) violate any applicable
law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive
of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent
of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution
of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or
otherwise in a manner that violate the Controlling the Assault
of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act
of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, federal or international
laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations
of networks connected to the Sites, or attempt to
breach the security
of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one
of the Animal League's or other's officers or employees, or falsely state or
otherwise misrepresent your affiliation with a person or entity; (x) forge headers or
otherwise manipulate identifiers
in order to disguise the origin
of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or
otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form
of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security
of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or
otherwise not
in furtherance
of the Animal Leagues stated purposes.
Cause for such termination may include, but not be limited to: (i)
breaches or violations
of these Terms or any provision
of these Terms; (ii) requests by
law enforcement or other government agencies; (iii) a request by you (self - initiated); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods
of inactivity; (vii) fraudulent or illegal activities performed by or on behalf
of you
in connection with the Services or the Sites; (viii) discontinuance
of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you
otherwise requesting termination
of your access to the Services; (x) completion
of the Animal League or other fundraising event or program
in which you are participating; and / or (xi) any other reason reasonably considered by Animal League to be
in its best interest.
Hotel Name 1 may at any time and without notice terminate or restrict a person \'s ability to submit a claim under or
otherwise benefit from the Best Price Guarantee, if
in its sole discretion Hotel Name 1 determines that such person has: (1) acted
in a manner inconsistent with applicable
laws or ordinances; (2) acted
in a fraudulent or abusive manner, (3) submitted multiple invalid Best Price Guarantee claims; (4) failed to stay at Hotel Name 1 Hotels after receiving approved Best Price Guarantee Claims; or (5)
breached any
of these BPG Terms.
Governing
Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rul
Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether
in contract, tort, or
otherwise, whether preexisting, present or future, and including statutory, common
law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rul
law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the
breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the
laws of the State
of California without regard to conflicts
of laws rules.
Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effec
IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effe
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the
breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable
law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effe
law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code
of Procedure then
in effec
in effect.
Starwood may at any time and without notice terminate or restrict a person's ability to submit a claim under or
otherwise benefit from the Best Rate Guarantee, if
in its sole discretion Starwood determines that such person has: (1) acted
in a manner inconsistent with applicable
laws or ordinances; (2) acted
in a fraudulent or abusive manner, (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at Starwood Hotels after receiving approved Best Rate Guarantee Claims; or (5)
breached any
of these BRG Terms.
MGM Resorts International may at any time and without notice terminate or restrict a person's ability to submit a claim under or
otherwise benefit from the Best Rate Guarantee, if
in its sole discretion MGM Resorts determines that such person has: (1) acted
in a manner inconsistent with applicable
laws or ordinances; (2) acted
in a fraudulent or abusive manner; (3) submitted multiple invalid Best Rate Guarantee claims; (4) failed to stay at an MGM Resorts destination after receiving approved Best Rate Guarantee claims; or (5)
breached any
of these Best Rate Guarantee terms.
You hereby agree that Undead Labs would be irreparably damaged if the terms
of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof
of damages, to appropriate equitable remedies with respect to
breaches of this ToU,
in addition to such other remedies as we may
otherwise have available to us under applicable
laws.
(i) where there is a
breach of a right afforded under EU
law, article 47
of the Charter is engaged; (ii) the right to an effective remedy for
breach of EU
law rights provided for by article 47 embodies a general principle
of EU
law; (iii)(subject to exceptions which have no application
in the present case) that general principle has horizontal effect; (iv)
in so far as a provision
of national
law conflicts with the requirement for an effective remedy
in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would
otherwise have to redesign the fabric
of the legislative scheme.
LORD JUSTICE STANLEY BURNTON: The claimant contended that, on its true construction, FSMA 2000, s 228 required the defendant to determine complaints
in accordance with the rules
of English
law,
otherwise Art 6 (1)
of the Convention would be
breached; if necessary, s 3
of the Human Rights Act 1998 (HRA 1998) compelled such a conclusion.
Accordingly, the Parties each agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Disclosing Party and that,
in addition to any other remedies that may be available,
in law,
in equity, or
otherwise, the Disclosing Party shall be entitled (a) to seek injunctive relief against the threatened
breach of this Agreement or the continuation
of any such
breach by the Receiving Party, without the necessity
of proving actual damages, and (b) to be indemnified by the Receiving Party from any loss or harm, including but not limited to attorney's fees, arising out
of or
in connection with any
breach or enforcement
of the Receiving Party's obligations under this Agreement or the unauthorized use or disclosure
of the Disclosing Party's Confidential Information.
Disclosure for Management and Administration: Except as
otherwise limited
in this HIPAA Addendum, BirdEye may disclose PHI for the proper management and administration
of the BirdEye, provided that disclosures are Required by
Law or BirdEye obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential, and used or further disclosed only as Required by
Law or for the purpose for which it was disclosed to the person, and the person notifies BirdEye
of any instances
of which it is aware
in which the confidentiality
of the information has been
breached.
9.5 Needles» waiver
of your
breach of any portion
of this TOS shall not operate or be construed as its waiver
of any subsequent
breach of the same provision or any other portion
of this TOS and no remedy available to Needles hereunder is exclusive
of any other remedy available to Needles hereunder or
otherwise available at
law or
in equity.
To the fullest extent permitted by
law, neither Bond Solon staff, material writers, presenters and trainers will be liable by reason
of breach of contract, negligence or
otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act or refraining from acting upon the material within Bond Solon Products, except to the extent that any such loss or damage does not exceed the price
of the Bond Solon product, arising from or connected with any error or omission
in the material.
Payment
of compensation
in respect
of death, injury or disablement
of insured (a) from intentional self - injury, suicide or attempted suicide (b) whilst under the influence
of intoxicating liquor or drugs (c) whilst engaging
in aviation or Ballooning, whilst mounting / dismounting from or traveling
in any Balloon or aircraft other than as a passenger (fare - paying or
otherwise)
in any duly Licensed Standard type
of aircraft anywhere
in the world (d) directly or indirectly caused by venereal disease or insanity (e) arising or resulting from the insured committing any
breach of the
law with criminal intent.
You represent and warrant for the benefit
of the Company, the Company's suppliers, and any third parties mentioned on the Site,
in addition to other representations and obligations contained
in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained
in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner
of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity / privacy right; (f) the Materials do not constitute defamation or libel or
otherwise violate the
law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from
breaches of (a) through (g).
In the event that Evolution Coaching determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Evolution Coaching may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent (s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Evolution Coaching deems to be appropriat
In the event that Evolution Coaching determines,
in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Evolution Coaching may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent (s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Evolution Coaching deems to be appropriat
in its sole discretion, that you have
breached any
of the Terms, or have
otherwise engaged
in inappropriate conduct, Evolution Coaching may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent (s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Evolution Coaching deems to be appropriat
in inappropriate conduct, Evolution Coaching may,
in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent (s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Evolution Coaching deems to be appropriat
in addition to any other remedies that may be available, (i) warn you
of the violation via e-mail; (ii) delete any content provided by you or your agent (s); (iii) terminate your use
of the Site; (iv) notify and fully cooperate with the proper
law enforcement authorities for further action; or (e) take any other action which Evolution Coaching deems to be appropriate.