In this Agreement "you" and "your" refer to each customer, "we", "us" and "our" refer to M2J. In addition to this Agreement, specific services or information contained within this web site may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
Use of Service
You shall have no ownership rights in the material contained within this web site. You shall have only the limited right to access and use the material contained within this Web site as set forth herein. Such right shall continue only as long as this Agreement remains in full force and effect. Ownership of said material and all intellectual property rights contained therein shall remain at all times with M2J.
This web site contains proprietary material that is or may be protected by United States Copyright Law, trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by M2J. No portion of the materials obtained from or through this web site may be reprinted, republished, redistributed, reproduced, retransmitted or otherwise transferred in any form except for your private or internal business use without the prior express written permission of M2J.
THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, M2J MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEB SITES WHICH YOU MAY ACCESS THROUGH THE M2J WEB SITE.
Limitation of Liability
ALTHOUGH M2J MAKES EFFORTS TO ENSURE THE ACCURATENESS AND INTEGRITY OF THE INFORMATION CONTAINED ON AND THROUGH ITS WEB SITE, WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE WEB SITE AND INFORMATION CONTAINED THEREIN. IT IS POSSIBLE THAT THE WEB SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE WEB SITE BY THIRD PARTIES. M2J, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE OR ANY INFORMATION RECEIVED FROM THE WEB SITE, INCLUDING THE CONTENT OF ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE AND THE INFORMATION OBTAINED THEREIN.
Warranty and Indemnification
You represent and warrant to M2J that your use of the materials contained within this web site will at all times comply with all applicable laws, rules, regulations, and this Agreement. You hereby agree to indemnify, defend and hold harmless M2J and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal costs and expenses and attorneys' fees) arising out of or relating to any breach by you of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. Magic2Java reserves the right, at its sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of M2J.
M2J may terminate this Agreement and your license to use its web site and services at any time and for any reason.
This Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of law provisions thereof. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the United States District Court for California, U.S.A. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
No Waiver by either M2J or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default hereunder.