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 Terms of Use for www.empirecitysubway.com ECS requires that all persons or entities visiting any ECS sites on the World Wide Web ("Sites") agree to the following terms and conditions. By accessing a site, you confirm your agreement to and acceptance of these terms. Use of Information Unless otherwise specified, copyright in all copyrightable subject matter on any Site is owned by ECS. To the extent that ECS has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, ECS grants you permission to copy or otherwise download from any site, information and materials (including related graphics), provided:
Documents posted by ECS on a site may contain other proprietary notices or describe products, services, processes or technologies owned by ECS or third parties. Nothing contained herein shall be construed by implication, estoppels or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of ECS or any third party. Trademarks The ECS name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of ECS and may not be used in any manner without the prior written consent of ECS. Other products and service marks are trademarks of their respective owners. Consent to Monitoring and Disclosure ECS is under no obligation to monitor the information residing or transmitted to this site. However, anyone accessing this site agrees that ECS may monitor the site to (1) comply with any necessary laws, regulations or governmental requests; (2) to, in its sole discretion, operate the Site in a manner it deems proper or to protect against conduct it deems inappropriate. ECS shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the site that it, in its sole discretion, believes is unacceptable or inconsistent with these terms and conditions. In the event ECS receives information or materials through the site, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information or material shall be deemed to be nonconfidential and ECS assumes no obligation to protect same from disclosure. The submission of information or materials to ECS shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by ECS for any purpose whatever. In addition, you grant ECS the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials you submit to through any site. Limitation of Liability You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall ECS or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the Internet generally, under contract, tort or any other cause of action or legal theory. Although ECS believes the content to be accurate, complete, and current, ECS makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. ECS may make changes in the products and/or the services described herein at any time. Warranty Disclaimer Access to each site (including any information or materials therein) is provided on an "as is" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ECS, its affiliates or their respective employees shall create any warranty. Neither ECS nor its affiliates warrant that the information or materials on, or access to, any site will be without interruption or error free. Endorsements and Linked Sites Some of the sites listed as links herein are not under the control of ECS. Accordingly, ECS makes no representations whatsoever concerning the content of those sites. The fact that ECS has provided a link to a site is NOT an endorsement, authorization, sponsorship or affiliation by ECS with respect to such site, its owners or its providers. ECS is providing these links only as a convenience to you. ECS has not tested any information, software or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software or products found on the Internet; and ECS cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet. Security You agree that you will comply with any security processes and procedures (such as passwords) specified by ECS with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a site which are not intended for general public access, unless you have been provided with explicit written authorization to do so by ECS. Changes and Other Terms ECS has the right to make changes and updates to any information contained within this site without prior notice. ECS reserves the right to change any of the Terms of Use without prior notice. Access to particular areas on the site may be subject to additional or different terms and conditions, as specified by ECS from time to time. Failure to Comply ECS has the right to terminate or restrict your access to any or all sites, unilaterally and without notice, in the event you violate any of these Terms of Use. ECS also reserves any and all remedies at law or equity in connection with violation of these Terms of Use. Information Provided by You Any information provided by you to ECS, including but not limited to feedback, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential. ECS shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Additionally, ECS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information. Digital Millennium Copyright Act - Copyright Infringement Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on ECS's system or network, should be promptly sent in the form of written communication to ECS's Designated Agent: Lauren K. Crowder‚ Agent for Claims Contracts Manager Bell Atlantic Internet Solutions, Inc. 1880 Campus Commons Drive Reston, VA 20191 Phone: (703) 295-4401 Facsimile: (703) 295-4238 E-mail: lcrowder@balink.com All claims must include the following information:
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