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TERMS AND CONDITIONS

Welcome to http://www.normanpearlstine.com, the web site about Norman Pearlstine’s book, “Off the Record” (the “Site”).

Your access and use of the site is subject to the following terms and conditions (the "terms and conditions") and all applicable laws. by accessing or using any part of the site, you accept, without limitation or qualification, these terms and conditions. if you do not agree with all of the terms and conditions set forth below, you may not use any portion of the site.

Use of the Site: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires our prior written consent.

Registration and Passwords: If you access the Site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. Further, you may not use a screen name that violates the intellectual property or other rights of any third party, or that we otherwise, in our sole discretion, deem inappropriate.

Unauthorized Use: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Proprietary Rights: We are the exclusive owner of, or authorized to use or provide access to, all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein, including, without limitation, those applicable to the book “Off the Record.” Some materials on the Site belong to third parties who have authorized us to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by us.

Communications: Subject to the paragraph below, any communication or material you transmit online to us by email, posting or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever.

Blogs: This Site may provide you with a forum to express your personal opinions in a weblog or other online discussion group. When using such forums, you agree that (i) you have the right to post all information and materials, (ii) all opinions expressed are genuinely held based upon your research and consideration, (iii) you will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation. You hereby grant to us a perpetual license to use, redact, republish, edit, copy and distribute your postings in any medium now known or hereinafter developed without payment of compensation to you. You agree to be solely liable for the content all of all information posted by you. Further, we are not responsible for content posted by third parties and will have no liability of any kind in connection therewith.

Privacy: Please see our Privacy Policy posted at http://www.normanpearlstine.com/privacy.html

Links and advertising: This Site may contain links to other web sites not maintained by us. Other web sites may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site or in advertisements on this Site.

No Warranties: While we use reasonable efforts to include up-to-date information on the Site, we make no warranties or representations as to its accuracy or completeness. We assume no liability or responsibility for any errors or omissions in the content on the Site, including any third party advertising. Your use of the Site is at your own risk. THE SITE, INCLUDING ALL CONTENT AND ADVERTISING MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR ADVERTISING ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT OR ADVERTISING CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT OR ANY ADVERTISING AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN OR ANY ADVERTISING. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Site during the prior twelve (12) months or (ii) ten dollars ($10).

Changes: All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us harmless, our business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Joseph Lewczak
Davis & Gilbert
1740 Broadway
New York, NY 10019
JLewczak@dglaw.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

No Personal Advice: The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, legal matters. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Waiver; Remedies: Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

International Access: Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law. The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at comments@normanpearlstine.com.

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© 2007 Norman Pearlstine
TERMS AND CONDITIONS | PRIVACY POLICY