For purposes of this Disclaimer, the following terms when capitalized are defined terms and shall have the meanings set forth below:
ActivityQuest.com publishes articles and online resources about activities you can do yourself at home or anywhere you are. Users of the Website can search its Activity Articles by keywords, tags, and age groups, to locate and read activity descriptions.
Authors are solely responsible for the Content provided in their Activity Articles. The accuracy of such Content is not reviewed or validated by ActivityQuest.com, and We do not warrant the currency, accuracy or completeness of any information in the Activity Articles. We also do not make any representations about and do not endorse, warrant or guarantee, the activities and Authors listed on our Website.
ActivityQuest.com also provides links to the websites of Authors and other third parties over which Content we have no control. By using ActivityQuest.com, You agree to assume full responsibility for the use of the information contained in these websites as well as in Our Website by parties other than ActivityQuest.com. ActivityQuest.com is not responsible or liable for any information made available at or through the Website by parties other than ActivityQuest.com.
All Content contained within an Activity Article is owned by the Author who created it.
All contents of the Website, including all screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ActivityQuest.com in writing or otherwise required by applicable law, any rent, lease, license, sale, modification, duplication, distribution, alteration, reverse engineering, reproduction, creation of derivative works, reformatting, retransmission, publication or other exploitation of any intellectual property or proprietary information (including without limitation programming codes such as source codes and object codes) of ActivityQuest.com is strictly prohibited.
All contents of the Website — excluding Activity Articles — are Copyright by ActivityQuest.com.
All rights not expressly granted herein are reserved.
You agree to indemnify and hold harmless ActivityQuest.com, its subsidiaries, affiliates, managers, members, officers, agents, employees, partners, co-branders and/or any other related parties from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by ActivityQuest.com in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to (i) any content which you submit, post to, e-mail or transmit through or on the Website, (ii) your use of the Website, any other site or Our services, or (iii) your violation of any rights of any third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVITYQUEST.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ACTIVITYQUEST.COM MAKES NO WARRANTY THAT (i) THE WEBSITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE AVAILABLE, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTIVITYQUEST.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTIVITYQUEST.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, BODILY INJURY, INCLUDING DEATH, OR DAMAGE TO PROPERTY WHICH YOU INCUR AS A RESULT OF YOUR ENGAGEMENT IN ANY ACTIVITY DESCRIBED ON THIS WEBSITE, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACTIVITYQUEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ACCESSING THE WEBSITE OR OUR SERVICES; (v) YOUR ENGAGEMENT IN ANY ACTIVITY DESCRIBED ON THIS WEBSITE; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE OR OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
This Disclaimer shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other jurisdiction be applied, even where such a result would be indicated by choice of law rules. By using the Website or Our services, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of Federal and state courts in Monroe County, New York regarding any and all disputes relating to this Disclaimer or your use of the Website.
Notices to You may be made via e‑mail or regular mail. Notices from You to ActivityQuest.com may also be made via e‑mail or regular mail. ActivityQuest.com may (but is not obligated to) provide notices of changes to this Disclaimer or other matters by displaying notices or links to notices generally on the Website.
Any questions or comments regarding this Disclaimer, the Website or Our services should be directed to:
ActivityQuest.com, LLC
130 Boniface Drive
Rochester, NY 14620, USA
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