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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS WEBSITE.
Welcome to the Post Office Square Redevelopment Corporation
website ("Site"). Post Office
Square Redevelopment Corporation (“POSRC”),
a Massachusetts Corporation, maintains this Site to provide general
information to our visitors. All use of this Site is subject
to the following terms and conditions and privacy
policy (“Privacy
Policy”). By accessing and browsing this
Site, you agree to be bound by these terms and conditions, as
well as the Privacy Policy.
Copyright. This Site, including all text, images, software and
other content contained herein, is the property of POSRC or its
suppliers and is protected by United States and international
copyright laws. The compilation and arrangement of all content
on this Site is the exclusive property of POSRC and is protected
by United States and international copyright laws. All rights
reserved.
Trademarks. All POSRC marks, graphics, logos, designs and trade
names used and displayed on this Site, including The Park Card™,
are service marks or trademarks of POSRC and are the sole and
exclusive property of POSRC. The "look and feel" of
this Site constitutes proprietary trade dress of POSRC. All other
trademarks not owned by POSRC that appear on this Site are the
property of their respective owners. You may not use any such
marks for any purpose whatsoever without the express prior written
permission of the owner.
Use of Site; Restrictions. You may view and print material displayed
on this Site subject to the following conditions: (a) the materials
may be used solely for your own, personal information and not
for commercial use; and (b) you must retain without modification
all copyright, trademark and other proprietary notices affixed
to or contained in the materials you print and all copies thereof.
You may not copy or otherwise use this Site or any portion hereof,
except as expressly provided above. You may not reproduce, download,
republish, frame, transmit, distribute, sell, license, modify,
alter, reverse engineer or prepare derivative works from this
Site or any portion hereof, except with the express prior written
permission of POSRC. Use of data mining, robots and similar data
gathering and extraction tools is expressly prohibited. Links
to this Site should not be made without the express prior written
permission of POSRC. Nothing contained in this Site shall be
construed as conferring by implication, estoppel or otherwise
any license or right under any copyright, patent, trademark or
other proprietary interest of POSRC or any third party. Any rights
not expressly granted herein are reserved.
Informational Purposes Only. The information contained in or
made available through this Site is provided for informational
purposes only. Your use of this Site does not give rise to a
client, advisory, fiduciary or professional services relationship
between you and POSRC.
Accuracy of Information. While POSRC uses reasonable efforts
to furnish accurate and up-to-date information, POSRC does not
warrant that any information contained in or made available through
this Site is accurate, complete, reliable, current or error-free.
POSRC assumes no liability or responsibility for any errors or
omissions in the content of this Site or such other materials
or communications.
Disclaimer of Warranties and Limitations of Liability.
THIS SITE IS PROVIDED BY POSRC ON AN "AS IS" AND "AS
AVAILABLE" BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POSRC AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, POSRC AND ITS SUPPLIERS MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION
OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS
SITE. POSRC DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED
OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
POSRC AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER
IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Links to Third Party Websites. For your convenience, this Site
may provide hyperlinks to websites and servers maintained by
third parties. POSRC does not control, evaluate, endorse or guarantee
content found in such sites. POSRC does not assume any responsibility
or liability for the actions, products, services or content of
these sites or the parties that operate them. You should carefully
review their privacy statements and other conditions of use.
Your use of these sites is entirely at your own risk.
Feedback and Other Submissions. All comments, feedback, suggestions,
ideas and similar submissions furnished to POSRC in connection
with your use of this Site shall be deemed assigned to and shall
remain the property of POSRC. No such submissions shall be subject
to any obligation of confidence on the part of POSRC, and POSRC
shall be entitled to unrestricted use and disclosure of such
submissions throughout the world for any purpose whatsoever,
commercial or otherwise, without any obligation to compensate
you for such use or disclosure. You represent that you have the
lawful right to furnish such submissions to POSRC and agree that
you will not submit any information unless you are legally entitled
to do so.
Termination or Suspension of Access; Modifications
to Site. POSRC reserves the right to terminate, suspend or otherwise restrict
your access to this Site, or any portion hereof, with or without
notice at any time for any reason whatsoever including, but not
limited to, your violation of these terms and conditions or any
inappropriate or unlawful behavior on your part. In addition,
POSRC reserves the right to modify or discontinue this Site or
any portion hereof at any time with or without notice. POSRC
shall not be liable to you or any third party for any such termination,
suspension, restriction, modification or discontinuance.
Dispute Resolution. Any controversy or claim arising out of
or relating to these terms and conditions or breach hereof, or
otherwise relating to this Site (with the exception of injunctive
relief sought by POSRC for any violation of POSRC’s proprietary
rights), shall be settled by binding arbitration in accordance
with the then-current rules of the American Arbitration Association.
Before entering into arbitration, the parties shall each appoint
an arbitrator, and these two arbitrators shall select a third
arbitrator to be a member of the panel. Should the two arbitrators
not be able to agree on a choice of the third, then the American
Arbitration Association shall make the appointment of a person
who is neutral to the parties. None of the arbitrators shall
be officers or employees of the parties. Each such arbitrator
shall be an attorney having experience and familiarity with information
technology disputes. The location of arbitration shall be Boston,
Massachusetts, USA. The arbitrators shall have the right to award
costs, fees and expenses, including but not limited to the arbitrators'
fees and reasonable attorneys' fees, to the prevailing party.
To the fullest extent permitted by applicable law, no such arbitration
shall be joined to an arbitration involving any other party subject
to these terms and conditions, whether through class arbitration
proceedings or otherwise. Each party hereby waives its right
to a trial by jury for any disputes between the parties.
Applicable Laws; Exclusive Jurisdiction. POSRC maintains this
Site in Boston, Massachusetts, USA. POSRC makes no representation
that this Site or any content on or accessed through this Site
is appropriate or available for use in other jurisdictions. You
are responsible for compliance with all local laws and regulations,
as applicable. Use of this Site and any dispute arising therefrom
shall be governed by the laws of the State of Massachusetts,
USA, without regard to principles of conflict of laws. SUBJECT
TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL
ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS
AND CONDITIONS OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE
INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN BOSTON,
MASSACHUSETTS, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION
OF SUCH COURTS.
Modifications. POSRC reserves the right to modify these terms
and conditions at any time upon posting. By continuing to use
this Site after any changes are posted, you acknowledge your
acceptance of the revised terms and conditions. Please visit
this page regularly to review the then-current terms and conditions
to which you are bound.
Miscellaneous. If there is a determination that any provision
of these terms and conditions is invalid or unenforceable under
applicable law, that determination will not affect the rest of
these terms and conditions, and these terms and conditions shall
be deemed amended to the minimum extent necessary to make them
valid and enforceable. The failure of POSRC to exercise or enforce
any right or provision of these terms and conditions shall not
constitute a waiver of such right or provision. Regardless of
any statute or law to the contrary, any claim or cause of action
against POSRC arising out of or related to use of this Site or
under these terms and conditions must be filed within one (1)
year after such claim or cause of action arose or be forever
barred. The section titles in these terms and conditions are
for convenience only and have no legal or contractual effect.
Minors. This Site is not intended for use by or availability
to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE
YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS
OR USE THIS SITE.
Contact Information. If you have any questions regarding this
Site, please email us by clicking on the following link https://www.posquare.com/contact/.
These Terms of Use was last updated: October 26, 2006
These Terms
of Use is effective as of: October 26, 2006
© 2006 Post Office Square Redevelopment Corporation. All Rights
Reserved. |