al berrios &
company and its affiliates ("al berrios & co." or "we")
provides its content on this Web site (the "Site") subject
to the following terms and conditions (the "Terms"). We
may periodically change the Terms, so please check back from time
to time. These Terms were last updated on October 10, 2005. By accessing
and using this Site, you agree to these Terms.
All content and functionality on the Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof,
is the exclusive property of al berrios & co. or its licensors and
is protected by U.S. and international copyright laws. All rights not
expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the
"Trademarks") displayed on the Site are the registered and
unregistered Trademarks of al berrios & co. and its licensors. You
agree that you will not refer to or attribute any information to al
berrios & co. or its licensors in any public medium (e.g., press
release, Web sites) for advertising or promotion purposes, or for the
purpose of informing or influencing any third party and that you will
not use or reproduce any Trademark of, or imply any endorsement by or
relationship with, al berrios & co. or its licensors.
Use of Site Content.
al berrios & co. hereby grants you a non-exclusive, non-transferable
license for the term hereof to access and download, display, and print
one copy of the content and functionality displayed on the Site (the
"Site Content") on any single computer solely for your internal,
business use, provided that you do not modify the Site Content in any
way and that you retain all copyright and other proprietary notices
displayed on the Site Content. You may not otherwise reproduce, modify,
distribute, transmit, post, or disclose the Site Content without al
berrios & co.'s prior written consent.
You acknowledge and agree that al berrios & co. shall own and have
the unrestricted right to use, publish, and otherwise exploit any and
all information that you post or otherwise publish on the Site in postings,
survey responses, and otherwise, and you hereby waive any claims against
al berrios & co. for any alleged or actual infringements of any
rights of privacy or publicity, moral rights, or rights of attribution
in connection with al berrios & co.'s use and publication of such
submissions. You covenant that you shall not post or otherwise publish
on the Site any materials that (a) are threatening, libelous, defamatory,
or obscene; (b) would constitute, or that encourage conduct that would
constitute, a criminal offense, give rise to civil liability, or otherwise
violate law; (c) infringe the intellectual property, privacy, or other
rights of any third parties; (d) contain a computer virus or other destructive
element; (e) contain advertising; or (f) constitute or contain false
or misleading statements. al berrios & co. does not and cannot review
all information posted to the Site by users and is not responsible for
such information. However, al berrios & co. reserves the right to
refuse to post and the right to remove any information, in whole or
in part, for any reason or for no reason.
Notices of Infringement and Takedown by al berrios & co.
al berrios & co. prohibits the posting of any information that infringes
or violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person or
entity. If you believe that your intellectual property right (or such
a right that you are responsible for enforcing) is infringed by any
content on the Site, please write to al berrios & co. at the address
shown below, giving a written statement that contains: (a) identification
of the copyrighted work and/or intellectual property right claimed to
have been infringed; (b) identification of the allegedly infringing
material on the Site that is requested to be removed; (c) your name,
address, and daytime telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that the use of the
copyrighted work and/or exercise of the intellectual property right
is not authorized by the owner, its agent, or the law; (e) a statement
that the information in the notification is accurate, and, under penalty
of perjury, that the signatory is authorized to act on behalf of the
owner of the right that is allegedly infringed; and (f) the signature
of the intellectual property right owner or someone authorized on the
owner's behalf to assert infringement of the right. al berrios &
co. will remove any posted submission that infringes the copyright or
other intellectual property right of any person under U.S. law upon
receipt of such a statement (or any statement in conformance with 17
U.S.C. § 512(c)(3)). U.S. law provides significant penalties for
submitting such a statement falsely. Under appropriate circumstances,
persons who repeatedly submit infringing or unlawful material will be
prohibited from posting further submissions. al berrios & co.'s
contact for submission of notices under this Section 5 is: al berrios
& company, inc., 7 Marcy Avenue, Jersey City, New Jersey 07304.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING
THAT AL BERRIOS & CO. IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL
ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AL BERRRIOS
& CO. AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE
SITE CONTENT. AL BERRIOS & CO. SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY
USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES.
NEITHER AL BERRIOS & CO. NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Third-Party Web Sites.
We may provide links to third-party Web sites, and some of the content
appearing to be on this Site is in fact supplied by third parties, for
example, in instances of framing of third-party Web sites or incorporation
through framesets of content supplied by third-party servers. al berrios
& co. has no responsibility for these third-party Web sites, which
applicable third-party content providers.
Governing Law; Jurisdiction.
These Terms are governed by the laws of the State of New York without
reference to the principles of conflicts of laws thereof.