You accept these terms and conditions by accessing or using any part of www.emraware.com ("Website") after the first time you visit a page containing a link to them. You then confirm your acceptance of these terms and conditions (as varied from time to time) each time you access or use any part of the Website or the information, web links, products, services or other materials (collectively "Materials") it offers or provides.
A reference to "these terms and conditions" also includes all other instructions, terms or conditions concerning access to and use of the Website, the Materials, or any part of them. If you do not accept these terms and conditions, you may not access or use the Website or the Materials.
These terms and conditions, the Website, and the Materials are governed by, and are to be construed according to, the applicable laws of the State of New South Wales of the Commonwealth of Australia. The author publisher of the Website ("Author") may at his discretion modify, remove, change or amend any part of these terms and conditions or any of the features of the Website or the Materials without notice or liability.
The Author makes no representations that the Website or the Materials complies with the laws, including intellectual property laws, of any country outside Australia. If you access or use the Website or the Materials from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access or use the Website, the Materials, or where anything you publish or upload to the Website can be accessed or used.
You agree that you will not access or use the Website or the Materials for any purposes that are commercial, unlawful or may prejudice the reputation or interests of the Author. “Unlawful” use includes activities such as fraud, the posting of defamatory or offensive material, infringement of the rights of others and failure to comply with any legislation. You must not hack into, change or otherwise interfere with the operation of the Website or any information contained within it. This includes knowingly transmitting a virus or other damaging item to this site.
By logging on, you will be assuming all risks associated with use of the Website and the linked websites, including risk to your computer, software, or data being damaged by any virus which might be transmitted through the Website.
The Author will attempt to ensure that the Website and the Materials are accurate. However, to the maximum extent permitted by law, the Website and the Materials are provided “as is” and without any representations or warranties, express or implied. You are advised to make your own inquiries and act or not act accordingly at your own risk. In all instances, safety of person and property must receive absolute priority. Nothing herein is to be considered or used as professional, medical, or legal advice, or to assert or imply that any device or service mentioned is conclusively harmful or violates existing laws or regulations.
Without limitation, the Author does not warrant that the Website, linked websites, or the Materials are: a) constantly available, or available at all; b) complete, accurate, without error, non misleading; c) sanctioned by law; or d) suitable and/or safe for your intended use.
The Website and the Materials are for the sole purpose of educating people about environmental science, quality of life, and social justice, and are for general information purposes only. A reference or description in any part of the Website pertaining to a particular person, organization, service, product or other entity is for illustrative purposes only and shall not be construed by you as an endorsement or judgement on the part of the Author.
Access to and use of the Website and the Materials is entirely at your own risk. To the maximum extent permitted by law, the Author will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any costs, claims, expenses, charges, losses, damages or penalties of any kind (including indirect, special or consequential loss or damage, business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data) incurred directly or indirectly through your use of the Website, the Materials, or your reliance on the information on the Website or the linked websites, or any error, omission or misrepresentation in any information on the Website or the linked websites. Nothing in the Website terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
If the Author provides any Materials via the Website in breach of a condition or warranty which is implied by law and cannot be excluded, the Author’s liability is limited, to the maximum extent possible, to one of the following at his option: the supply of the Materials again; the repair of the Materials; or the payment of the cost of having the Materials supplied again or repaired.
You agree to indemnify, defend, and hold harmless the Author from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defence, or settlement thereof, arising in connection with your use of the Website, the Materials, any User-Generated Content you post, upload or otherwise make available to the Website, your violation of the terms and conditions, or your violation of any law, rule, or regulation, or the rights of the Author or any third party.
The Website and the Materials contain copyright material, intellectual property, brand names and other trademarks that are protected by law. You should assume that all names and logos are trademarks of the Author or third parties, and that all content of the Website and the Materials is subject to copyright. Except as expressly authorized in writing, the use of any material on this site (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited.
By accessing or using the Website or Materials, you agree that the exclusions and limitations of liability set out in the Website terms and conditions are reasonable. If you do not think they are reasonable, you must not use the Website, the links it provides, or the Materials.
If any provision of these terms and conditions of use is, or is found to be, unenforceable under applicable law, that provision must be read down to the extent necessary to make it enforceable and if it is unable to be so read down, it must be severed (without affecting the enforceability of the other provisions of these terms and conditions).
The Website and Materials are presented by the Author as acts in good faith with reference to the Commonwealth Consolidated Acts, Crimes Act 1914 - Section 24F: Certain acts done in good faith are not unlawful.
The Website may contain copyrighted material the use of which may not always be specifically authorized by the copyright owner. In such a case we are making the material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from the Website for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
In accordance with Title 17 USC.Section 107, the material on the Website is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: United States Code: Title 17, Section 107, http://www.law.cornell.edu/uscode/17/107.shtml.
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