Terms of Use and Consent Form

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

AGREEMENT TO RULES OF USER CONDUCT

If you use PWP Forum Services, you agree to abide by PWP Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, is available here.

THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet. Such sites or Links may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PWP, and you acknowledge that PWP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The including of such Sites or Links does not imply endorsement of the site by PWP or any association with its operators. Links to the World Wide Web and other resources may be available through PWP's services. Because PWP has no control over such sites and resources, you acknowledge and agree that PWP is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that PWP is not liable for any loss or damages which occurs as a result of using or relying on the content, goods and services found on these other sites.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by PWP, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PWP is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is strictly prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of PWP.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you hereby:

1. Grant PWP and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights to the content, including but not limited to, model releases, and that public posting and use of your content by PWP will not infringe or violate the rights of any third party.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify PWP.

DISCLAIMER OF WARRANTIES

All materials, information, software, products, and services included in or available through this site (the "Content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. PWP, its heirs, assigns, parent, subsidiaries and licensors do not warrant that the content is accurate, reliable for correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances shall PWP its parent, subsidiaries, or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PWP has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, PWP's liability if such jurisdiction shall be limited to the extent permitted by law.

INDEMNIFICATION

Upon a request by PWP, you agree to defend, indemnify, and hold harmless PWP and its parent, subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this site. PWP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PWP in asserting any available defenses.

INTERNATIONAL USE

PWP makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PWP with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PWP with respect to this site. If any part of these Terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

RESERVATION OF RIGHTS/TERMINATION

PWP reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

last revised: 17 October 2004