Terms of Use Agreement - Effective Date: September 12, 2007 This Terms of Use Agreement (“Terms”) is a legally binding agreement between SkyView Advisors, Inc. (“SkyView”) and you, the user (“User”), regarding your use of the SkyviewAdvisors.com Web Site and any services, features, contents or applications offered at the SkyviewAdvisors.com domain and related sub-domains (collectively the “Web Site”) By using the Web Site, you agree to be bound by the terms of these Terms. SkyView may change, modify, add, or delete portions of these Terms from time to time and such changes shall be effective upon posting on the Web Site. Your continued use of the Web Site after such changes constitutes your acceptance of the new Agreement. 1. Proprietary Rights – The Web Site uses and contains proprietary intellectual property rights owned by or licensed by SkyView. SkyView grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Web Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Web Site or any materials and you agree not to “frame” or “mirror” the Web Site, any material contained on or accessible from this Web Site on any other server or Internet-based device without the advanced written authorization of SkyView. 2. Links To Third Party Web Sites – As a convenience to you, SkyView may provide links to web sites operated by other entities. If you use these sites, you will leave this Web Site. If you decide to visit any linked site, you do so at your own risk. SkyView is not responsible for the privacy practices or the content of other web sites, and hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. Such party may have a privacy different from that of SkyView and the third party web site may provide less security than the SkyView site. 3. Trademarks – “SkyView” and “SkyviewAdvisors.com” are trademarks of SkyView. Unauthorized use or duplication of these marks is strictly prohibited by law. 4. Disclaimer – THE WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SKYVIEW DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. THIS WEB SITE, THE INFORMATION AND MATERIALS ON THE WEB SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SKYVIEW WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEB SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF SKYVIEW HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 5. Applicable Law – Any action related to these Terms will be governed by New Jersey Law and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Bergen County, New Jersey for the resolution of all disputes arising from or related to these Terms and/or your use of the site. 6. Miscellaneous – These Terms contain the entire agreement between SkyView and you concerning the subject matter hereof. The failure of SkyView to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of these Terms is found invalid, the remainder of the Terms shall remain valid and enforceable according to its terms. |