I. Visitor Postings and Submissions
From time to time, we may enable visitors to our site to post materials on our site. For example, from time to time we may elect to include as a service of our site a chat room or message board, and visitors will be able to post materials on the pages comprising such service. The following will apply to you whenever you post materials on our site:
II. Links to Other Sites and Advertiser Sites
There may be links from our site to other websites and from other websites to our site. (Each such other website is referred to in these Terms and Conditions as a "linked site".) If you click on a link which appears on our site, then you will arrive at the website of, or associated with, that link. Also, if you click on any advertising material which appears on our site, then you may arrive at the website of, or associated with, the relevant advertiser. (Each such website is referred to in these Terms and Conditions as an "advertiser site".) No linked site or advertiser site is both owned and controlled by us. Links which appear on our site are for convenience only. In accordance with (and without limiting) the terms set forth below in Section III, you acknowledge that neither we nor any of the other Site-Related Persons and Entities (defined below) shall be responsible or liable for the content or conduct of, or associated with, or related to any linked site or advertiser site, and, accordingly, your access and use of any linked site or advertiser site shall be solely at your own risk.
III. Disclaimer and Limitation of Liability
YOU MAY ACCESS AND USE OUR SITE ONLY AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS THAT MAY APPLY. WE DISCLAIM ALL WARRANTIES - EXPRESS AND IMPLIED - WITH REGARD TO INFORMATION, SERVICES AND MATERIALS APPEARING ON OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ACCESS TO OUR SITE MAY BE DELAYED OR INTERRUPTED, AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE AND MAY NOT BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE TERM "SITE-RELATED PERSONS AND ENTITIES" SHALL MEAN (1) US; (2) ANY OTHER ENTITY OR PERSON INVOLVED IN DEVELOPING, PRODUCING, OR MAKING AVAILABLE OUR SITE, OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON OUR SITE; (3) OUR AND THEIR RESPECTIVE AFFILIATED AND RELATED ENTITIES AND (4) THE RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES OF US AND EACH OF THE OTHER PERSONS OR ENTITIES SET FORTH ABOVE. NEITHER WE NOR ANY OTHER SITE-RELATED PERSONS AND ENTITIES SHALL BE LIABLE OR RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OUR SITE.
UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF THE OTHER SITE-RELATED PERSONS AND ENTITIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES OR MATERIALS ON OUR SITE, EVEN IF WE OR ANY OF THE OTHER SITE-RELATED PERSONS AND ENTITIES, OR ANY OF OUR OR THEIR AUTHORIZED REPRESENTATIVES, HAVE RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION, SERVICES AND MATERIALS APPEARING ON OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, APPLIES.
WE WOULD NOT PROVIDE OUR SITE TO YOU WITHOUT YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. SOME STATE STATUTES CONCERNING LIMITATION OF LIABILITY MAY APPLY.
You shall indemnify, defend, and hold harmless us and all other Site-Related Persons and Entities, from any liability, loss, claim and expense (including, but not limited to, attorneys' fees and court costs) resulting from or arising out of your access to or use of our site, your violation of these Terms and Conditions, and your posting any material to our site.
V. Site Ownership / Restrictions on Visitors' Use of Materials on Our Site
This site is owned and operated by us, including, but not limited to, its format and layout as well as all software used to create or otherwise give effect to this site. (Such software is referred to in these Terms and Conditions as the "Site Software".) All materials on our site are copyrighted by us. You may access, download, or print for your personal non-commercial use, one copy of these materials. You may not modify, copy, distribute, transmit, display, or publish any of the materials on our site, in whole or in part, without our prior written permission.
You may not modify the Site Software in any manner or form, or use modified versions of the Site Software, for the purpose of obtaining unauthorized access to our site or for any other purpose. You may not access our site by any means other than through the interface that is provided by us for use in accessing our site. Other than a limited right of personal use in connection with your personal, non-commercial use of our site as and in the manner described in (and limited by) these Terms and Conditions, you will have no rights to the Site Software.
VI. Changes to Our Site and to These Terms and Conditions
We reserve the right to make improvements or changes to the materials on our site (including, without limitation, information and services) and to terminate our site, at any time without notice. We may modify these Terms and Conditions at any time. Any changes shall be effective immediately upon our posting the revised Terms and Conditions. Whenever we make any change(s) to these Terms and Conditions, we will post the date on which these Terms and Conditions shall have been last updated. That posting will appear on the home page of our site next to the icon "Terms and Conditions". Your continued access and use of our site after we post modified Terms and Conditions indicates that you agree to be bound by these Terms and Conditions as modified.
VII. Copyright Infringement Policy
All trademarks, service marks and trade names which appear on our site (including, by way of example only, any and all names, nicknames, logos, designs, and slogans of and designating the Rochester Americans, Blue Cross Arena, and the Rochester Americans) are federally registered or common law trademarks and service marks of their respective owners and each such trademark, service mark or trade name may be used only with the prior written permission of its owner.
These Terms and Conditions and the resolution of any dispute related to the access and use of our site shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any principles of conflicts of law. Our site is operated and controlled in the United States. We do not represent that the site is appropriate in other jurisdictions. You are solely responsible for compliance with local laws applicable to your access to or use of our site. Our failure to insist upon strict enforcement of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Any legal action between you and us related to our site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Rochester, New York and/or the Western District of New York.
If any part of these Terms and Conditions is deemed invalid or unenforceable according to applicable law, the remainder of these Terms and Conditions shall continue in effect.