BETWEEN USER AND Bayshore Capital
Please read this agreement ("Agreement") carefully before accessing or using
this Web site ("Site"). By accessing or using the Site, you agree to be bound
by this Agreement. Bayshore Capital and its suppliers
provide the information and services on this Site to you, the user, conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this Site constitutes your agreement to all such
terms, conditions, and notices.
The information and services offered on this Site are provided with the understanding
that neither Bayshore Capital nor its suppliers or
users are engaged in rendering legal or other professional services or advice.
Your use of the Site is subject to the additional disclaimers and caveats that
may appear throughout the Site.
Bayshore Capital and its agents assume no responsibility
for any consequence relating directly or indirectly to any action or inaction
that you take based on the information, services, or other material on this Site.
While Bayshore Capital. and its suppliers strive to
keep the information on this Site accurate, complete, and up-to-date, Bayshore Capital and its suppliers cannot guarantee, and will not
be responsible for any damage or loss related to, the accuracy, completeness,
or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download, and print materials on this Site for your personal
and non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, frame in
another Web page, use on any other Web site, transfer or sell any information,
software, lists of users, databases or other lists, products or services obtained
from this Site. The foregoing prohibition expressly includes, but is not limited
to, the practices of "screen scraping" or "database scraping" to obtain lists
of users or other information. If and when requested by Bayshore Capital, you agree to provide true, accurate, and complete user information
and to refrain from impersonating or falsely representing your affiliation with
any person or entity. Except with the written permission of Bayshore Capital, you agree to refrain from accessing or attempting to access
password protected, secure, or nonpublic areas of this Site. Unauthorized individuals
attempting to access prohibited areas of this Site may be subject to prosecution.
All materials on this Site (as well as the organization and layout of the Site)
are owned and copyrighted or licensed by Bayshore Capital
and its affiliates or its suppliers. ý Copyright Bayshore Capital, 2002. All rights reserved. No reproduction, distribution,
or transmission of the copyrighted materials at this Site is permitted without
the written permission of Bayshore Capital.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Bayshore Capital that you will not use this Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. If you violate any of
these terms, your permission to use the Site automatically terminates.
You use this Site at your own risk. If your use of this Site or the materials
therein results in the need for servicing or replacing property, material, equipment,
or data, neither Bayshore Capital nor its affiliates
are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Bayshore Capital, ITS AFFILIATES,
AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES,
PRODUCTS, OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Bayshore Capital, ITS AFFILIATES, AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR
INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND/OR SERVICES
OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Bayshore Capital, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Bayshore Capital, its affiliates, and suppliers from any liability, loss, claim, and
expense (including attorneys' reasonable fees) related to your violation of this
LINKS TO THIRD PARTY SITES
Outside Links — While on this Web site, you may be led to other Web sites operated
by parties other than Bayshore Capital or its affiliates.
Inclusion of hyperlinks by Bayshore Capital to Web
sites does not imply any endorsement of the material on such Web sites or any
association with their operators, and you access and use such sites, including
information, material, products, and services therein, solely at your own risk.
We are not responsible for the quality or results or any product or service provided
by these companies. Review their products and services carefully. Furthermore,
only when you are on our Site, once linked to another Web site, you should read
own privacy policies may be different than ours. We are not responsible for the
use of the information that you give these third parties.
CHANGES TO AGREEMENT Bayshore Capital may modify this Agreement at any time
and such modifications shall be effective immediately upon posting of the modified
Agreement. Accordingly, you agree to review the Agreement periodically, and your
continued access or use of this Site shall be deemed your acceptance of the modified
This Agreement and the resolution of any dispute related to this Agreement or
this Site shall be governed by and construed in accordance with the laws of Pennsylvania
without giving effect to any principles of conflicts of law. Failure by Bayshore Capital or its affiliates to insist upon strict
enforcement of any provision of this Agreement shall not be construed as a waiver
of any provision or right. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
this Site or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred. Any legal action or proceeding
between Bayshore Capital and/or its affiliates and
you related to this Agreement shall be brought exclusively in federal district