Terms and Conditions

Last Revised: December 7, 2022

INTRODUCTION

These terms and conditions ("Terms and Conditions") are entered into by and between you, whether personally or on behalf of an entity (“you”), and Tiernan Ray LLC (d/b/a The Technology Letter) ("Company," "we," or "us"). These Terms and Conditions govern your access to and use of www.thetechnologyletter.com (the "Website"). The Website includes any content, functionality, subscription offerings and other services (the “Services”) offered on or through the Website. The Website and Services are referred to collectively as the “Website.”

Please read these Terms and Conditions carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not agree with these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

ACCESSIBILITY

If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at 1-917-385-0002, between 9 am and 5 pm, Eastern Standard Time.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy, located at    https://www.thetechnologyletter.com/tl-privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Website may be intercepted or read by others.

ACCESSING THE WEBSITE

To access some of the resources the Website offers, such as the ability to contact us or subscribe to all of our features, you may be asked to provide certain personal details or other information. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete. You agree that all information you provide through the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. In addition, you must not:

·      Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

·      Modify copies of any materials from this site.

·      Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·      Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: tiernan@thetechnologyletter.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Copyright Infringement

If you believe that any user contributions or other materials on the Websites violate your copyright, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Websites;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

• Your name, address, telephone number and email address (if available); and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

The Company’s DMCA designated copyright agent for notice of claims of copyright infringement on the Websites is Tiernan Ray, CEO, and can be reached as follows:

The Technology Letter

241 West 122nd Street, Apt. 2

New York City, N.Y. 10027

E-mail: dmca@thetechnologyletter.com

TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

NO IDEAS ACCEPTED

We do not accept any unsolicited ideas regarding the Website from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you. 

USER COMMENTS

We welcome your comments regarding the content provided on the Website. Any comments, notes, messages, ideas, feedback or other communications (collectively, “Comments”) that you submit to the Website shall be and remain the exclusive property of the Company. Your submission of any such Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You agree that you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; your comments do not violated any Terms and Conditions set forth herein; and your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason; we may alter or edit Comments in our sole discretion and for any reason; and we may remove Comments from the Website for any reason.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·      To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·      To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

·      Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·      Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the Website.

·      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

·      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the Website.

FOR INFORMATION PURPOSES ONLY; NO PERSONAL ADVICE

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The information contained on or made available through the Website (including but not limited to information contained in message boards) cannot replace or be a substitute for the services of trained professionals in any field, including, but not limited to, financial, technology, or legal matters. No content provided on the Website or by any user should be understood or used as the sole basis of any financial, technology or legal decision. Such content does not constitute professional, legal, tax, investment, financial, or other advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer by the Company or any third party service provider to buy or sell any securities or other financial instruments. The Company is not a fiduciary by virtue of any person's use of or access to the Website.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE AND TERMS AND CONDITIONS

All information posted on the Website is subject to change at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  In addition, we may revise and update these Terms and Conditions at any time at our sole discretion. All changes are effective immediately when we post them and any material modifications will only be applied prospectively. We will make any such changes by posting them on the Website. You should check the Website for such changes frequently so you are aware of any changes, as they are binding on you. Your continued access to the Website after such changes demonstrates your acceptance of those changes.

LINKING TO THE WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

FREE UPDATES BY EMAIL

You may choose to receive  email updates about new posts on the Website (“Updates”) by signing up for them on the Website. By choosing to receive Updates, you agree and consent to receive email from us that inform you when new content is posted on the Website, including links to that content. Upon signing up for Updates, you will receive an email confirming that you want to receive Updates. You may unsubscribe from Updates emails at any time by clicking the “Unsubscribe” link at the bottom of any Updates email that you receive or by emailing us at tiernan@thetechnologyletter.com. A subscription to Updates is free of charge and is not required to access many features or the Website.

We reserve the right to either modify or discontinue email Updates, at any time with or without notice to you. The Company also reserves the right to unsubscribe a user from the Updates service, without notice, and at our sole discretion. The Company will not be liable to you or any third party should we exercise such right.

PAID SUBSCRIPTIONS

You are not required to purchase anything to use the Website. Your access to some Services will be limited, however, without a paid subscription. 

You may purchase a paid subscription (“Subscription”) to the full Services offered on the Website by following the subscription link on the Website and providing the required information.

Auto-renewing Subscription. Your Subscription, which may start with a promotional rate or free trial, will renew automatically for the term stated at the time of your Subscription order, unless you cancel your Subscription before the auto-renewal date. The Subscription fee and any applicable taxes will be charged to the payment method provided on the date you purchase your Subscription or after your free trial ends. Your Subscription will automatically continue at the stated term, and you will continue to be charged at the stated price (including any applicable taxes) at the beginning of each billing cycle (“Billing Period”) unless prior to the end of your current Billing Period: (a) you cancel your subscription (as described below); (b) we decline to renew your subscription; or (c) these Terms and Conditions are otherwise properly terminated as expressly permitted herein.

You can view the date of your next scheduled payment by logging in to your account on the Website by clicking the button labeled “My TL” on the home page (or, alternately, by navigating to the URL https://www.thetechnologyletter.com/account/ ), logging in with your account name and password, and navigating to the section of the account area titled Subscriptions. If your Subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your Subscription.

Billing.

•       Payment Method. You may pay for your Subscription with a major credit card or through other payment methods (e.g., Apple Pay or PayPal) made available during the purchase process (“Payment Method”). Accepted Payment Methods may vary based on your location. You may edit your Payment Method information by visiting the Website, logging into your account, and clicking on the section of the account area titled Payment. If your payment is unsuccessful due to insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount. All prices are in United States dollars, unless otherwise stated.

•       Billing Period. We will charge the subscription fee at the start of your subscription or, if applicable, at the end of your free trial period, and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.

•       Fee Changes. Except as otherwise set forth herein, we reserve the right to change Subscription  at any time. If the regular fee for your Subscription increases from the fee stated at the time of your initial order, we will notify you before applying the change to your Subscription or charging you in connection with an automatic renewal. You will have an opportunity to cancel your Subscription at that time. If you do not cancel your Subscription, you will be charged the new Subscription fee at your next Billing Period.

Free Trials and Promotional Rates. We may offer Subscriptions on a trial basis for free or at a promotional rate. If your Subscription includes a free trial, you will not be charged the applicable fee during the term stated when you initially subscribe. To obtain the free trial, you will be required to provide a Payment Method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Subscription will automatically convert into a recurring paid subscription and your Payment Method will be charged the applicable fee unless you have cancelled your Subscription before your free trial ends. You may cancel your Subscription during your free trial to avoid being charged as described above; such cancellation may be effective immediately. We reserve the right to change or terminate any offered promotions at any time. Free trials or promotional rates are limited to one per subscriber.

If your Subscription includes a promotional rate, you will be charged the promotional rate for the agreed upon number of Billing Periods and upon completion of those Billing Periods, your Subscription will continue to automatically renew at the regular rate posted on the Website at the start of your promotional-rate Subscription.

Cancellations and Refunds.

•     Cancellations. You may cancel your Subscription at any time by navigating to your account, either by visiting https://www.thetechnologyletter.com/account/login, or by clicking the button “My TL” in the upper right corner of any page. Once you have logged in to your account, select “Subscriptions,” then select “The Technology Letter,” and then  follow the “Cancel Subscription” link. You must cancel your Subscription before the start of the next Billing Period to avoid being billed the next Billing Period’s Subscription fees to your Payment Method. Cancellation only applies to future charges associated with your Subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your Subscription for the remainder of the Billing Period.

•     Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your Subscription, you are not entitled to receive any refund or credits for the time remaining in your Billing Period, and you will continue to have access to your Subscription until the end of your current Billing Period. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR SERVICES, PRODUCTS OR ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $100 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION

The laws of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail, you agree that all claims, disputes, or controversies against the Company arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, injunctive, or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

SEVERABILITY

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

WAIVER; REMEDIES; ENTIRE AGREEMENT

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.  The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Tiernan Ray LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

YOUR COMMENTS

This website is operated by Tiernan Ray LLC, 241 West 122nd Street, Apt. 2, New York City, N.Y. 10027.

Should you have any feedback, comments, requests for technical support, notices of copyright infringement claims and other communications relating to the Website, please direct them to: tiernan@thetechnologyletter.com.