1. CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.
A. Description of Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to African Sunrise Partners, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view or access through the Site. B. Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by African Sunrise Partners or other parties that have licensed their material to African Sunrise Partners, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of African Sunrise Partners or such third-party that owns the Content. All rights not expressly granted herein by African Sunrise Partners and/or its licensors to you are reserved by African Sunrise Partners and/or its licensors.
C. Restrictions on Your Use of Content. You may access and use Content solely for your information and personal, non-commercial use, as intended through the provided functionality of the Site and permitted under this Agreement. Any modification of the Content, use of the Content on any web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of African Sunrise Partners or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site.
D. Disclaimer. Content is provided to You AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.
3. TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on the Site are the property of African Sunrise Partners or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of African Sunrise Partners, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
4. MODIFICATION, SUSPENSION OR TERMINATION OF SERVICES. You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. While the Services are currently free of charge, you acknowledge that African Sunrise Partners reserves the right to charge for aspects or additions to the Services in the future.
6. VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to African Sunrise Partners (“Comments”) are not confidential and you hereby grant to African Sunrise Partners a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
7. LINKS TO THIRD PARTY SITES AND SERVICES; NO IMPLIED ENDORSEMENT. This Site contains links to other web sites owned by third parties, including sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web site for which African Sunrise Partners has no responsibility or control. You agree that African Sunrise Partners shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
8. THE SERVICES NOT INTENDED AS FINANCIAL OR INVESTMENT ADVICE. BY PRODUCING CONTENT MADE AVAILABLE THROUGH THE SITE, AFRICAN SUNRISE PARTNERS DOES NOT INTEND TO PROVIDE FINANCIAL OR INVESTMENT ADVICE AND/OR ANY OTHER ADVICE OF ANY KIND. THE CONTENT AVAILABLE THROUGH THE SITE IS OFFERED AS A FINANCIAL PUBLICATION OF GENERAL AND REGULAR CIRCULATION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND ANY USE OF INFORMATION OF ANY KIND MADE AVAILABLE AS PART OF THE SERVICES IS AT YOUR SOLE RISK.
9. CONTENT NOT TO BE CONSTRUED AS SOLICITATION OR RECOMMENDATION. THE CONTENT IS PREPARED FOR GENERAL CIRCULATION AND IS CIRCULATED FOR GENERAL INFORMATION ONLY AND IS NOT SOLICITING ANY ACTION BASED UPON IT. THE CONTENT IS NOT TO BE CONSTRUED AS A RECOMMENDATION OR AN OFFER TO BUY OR SELL; OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT, OR SERVE AS THE BASIS FOR ANY PARTICULAR INVESTMENT OR OTHER TRANSACTION. IT IS NOT INTENDED TO ADDRESS THE SPECIFIC INVESTMENT OBJECTIVES, FINANCIAL SITUATION AND THE PARTICULAR NEEDS OF ANY SPECIFIC PERSON WHO MAY USE THE SERVICES. INVESTORS SHOULD SEEK FINANCIAL ADVICE REGARDING THE APPROPRIATENESS OF INVESTING IN ANY SECURITIES OR INVESTMENT STRATEGIES REFERENCED IN OUR OR OTHERWISE RELATED TO OUR MARKET COMMENTARY AND SHOULD UNDERSTAND THAT STATEMENTS REGARDING FUTURE PROSPECTS MAY NOT BE REALIZED.
10. DISCLAIMER OF WARRANTY. ACCESS TO THE SERVICES AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFRICAN SUNRISE PARTNERS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER AFRICAN SUNRISE PARTNERS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES AFRICAN SUNRISE PARTNERS AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF SERVICES AND YOUR RELIANCE UPON THE CONTENT IS AT YOUR SOLE RISK. FURTHER, AFRICAN SUNRISE PARTNERS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
NEITHER AFRICAN SUNRISE PARTNERS NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM AFRICAN SUNRISE PARTNERS OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF AFRICAN SUNRISE PARTNERS OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AFRICAN SUNRISE PARTNERS AND HOLD AFRICAN SUNRISE PARTNERS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
12. EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL AFRICAN SUNRISE PARTNERS, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY OF THE CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
A. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the STATE OF NEW YORK without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
C. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.