AGREEMENT BETWEEN THE USER AND GREYSTONE & CO., INC. AND ITS AFFILIATES
Greystone & Co., Inc. (together with its affiliated companies, “Greystone”) offers this web site to the user (the “User”) conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. By accessing and using this web site, the User is deemed to have agreed to all such terms, conditions, and notices (the “Agreement”).
INTELLECTUAL PROPERTY
All content published on this web site by Greystone, including without limitation any and all proprietary rights thereto, is owned by Greystone or Greystone’s third-party licensor, and Greystone or Greystone’s third-party licensor retain all right, title and interest in such content. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site.
LIABILITY DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GREYSTONE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. GREYSTONE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GREYSTONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GREYSTONE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GREYSTONE 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.
LINKS TO THIRD PARTIES’ WEB SITES
This web site may contain links and pointers to Internet sites maintained by third parties. Greystone does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by Greystone. The User assumes sole responsibility for use of third party links and pointers and Greystone will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use or reliance on any such content, goods, or services available on or through any such third party links or pointers.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this web site (“Software”) is the copyrighted work of Greystone and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The User shall not install or use any Software that is accompanied by or includes a License Agreement, unless the User first agrees to the License Agreement terms.
Please note that all Software, including without limitation all HTML, ASP code, VB (and scripting), JAVA (and scripting), C#, and Active X controls contained in this web site, is owned by Greystone and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, GREYSTONE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INDEMNITY
As a condition of use of this web site, the User agrees to indemnify Greystone from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from the User’s use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by the User
MODIFICATION OF THESE TERMS AND CONDITIONS
Greystone reserves the right to change this Agreement at any time by revising the terms and conditions herein. The User is responsible for regularly reviewing these terms and conditions. Continued use of this web site following any such changes shall constitute the User’s acceptance of such changes.
GENERAL
Greystone reserves the right to make any and all changes to this web site at its sole discretion without notice to the User. Greystone reserves the right to deny access to this web site to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of New York. The User consents to the exclusive jurisdiction and venue of courts in New York County, New York in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
The User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Greystone as a result of this Agreement or use of this web site. The User agrees not to hold himself or herself out, as a representative, agent, or employee of Greystone and Greystone shall not be liable for any representation, act or omission of the User.
Greystone’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Greystone’s right to comply with law enforcement requests or requirements relating to the User’s use of this web site or information provided to or gathered by Greystone with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and Greystone with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Greystone with respect to this web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.