Terms of Service

This Terms of Service Agreement applies to all entities owned and managed by SNN, Inc. (“SNN”), to include, but not limited to, SNN Network CEO Video Interviews, MicroCap Review Magazine, MicroCap Review Index, Wall Street Views, SNN Network-produced Podcasts, [ etc. ] and each is a part of the SNN family of companies, each of whom may also have their own websites (each an “SNN Website,” and collectively the “SNN Websites”). SNN includes our parent company, our subsidiaries and our affiliated companies, which collect and disseminate financial information to the marketplace.

SNN provides this SNN Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (this “Agreement”). Please read this Agreement carefully before using this SNN Website. Your use of this SNN Website constitutes your willingness to be bound by this Agreement without limitation, qualification or change. You are only authorized to access this SNN Website or to use the materials and Services contained in this SNN Website (regardless of whether your access or use is intended) if you will abide by all applicable laws and this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this SNN Website. This Agreement sets forth SNN’s policies with respect to its operation of the SNN Websites. Other policies govern SNN’s non-Internet operations.

This SNN Website is a general audience website. Minors under 18 are welcome to be visitors to this SNN Website, but cannot upload blogs, new articles, user videos or any other content.

Certain products or services offered by this and/or other SNN Websites (each a “SNN Internet Service,” and collectively the “SNN Internet Services”), and certain areas within this and/or other SNN Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or the SNN Internet Services. For example, if you wish to register for this SNN Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY SNN WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY SNN WEBSITE MAY BE TERMINATED IMMEDIATELY IN SNN’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement

In its sole discretion, SNN may modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access the SNN Website. Your continued use of the SNN Website and/or SNN Internet Service after SNN posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this SNN Website and/or the SNN Internet Service to which the changes may apply.

Privacy and Protection of Personal Information

SNN has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Privacy Policy below by clicking here.

Accounts, Security, Passwords

If a particular SNN Website or SNN Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will notify SNN immediately at info@microcapreview.com if you suspect any unauthorized use of your account or access to your password. SNN is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will not use the account, username, or password of another registered user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular SNN Internet Service. By using the particular SNN Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.

SNN may terminate your account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, this Agreement will remain in effect in its entirety.

Access and Use

Materials contained in this SNN Website (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. SNN grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing this SNN Website and using the SNN Internet Services. This means that you may only view or download material from this SNN Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The SNN Internet Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by SNN. Illegal and/or unauthorized use of the SNN Internet Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this SNN Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. SNN may take appropriate legal action for any illegal or unauthorized use of the SNN Internet Services.

Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this SNN Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of SNN or unless it is expressly permitted by this SNN Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this SNN Website. The use of materials from this SNN Website on any other web site or networked computer environment is similarly prohibited.

Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this SNN Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Fees

Except where otherwise provided, access to and use of this SNN Website and the SNN Internet Services offered through this SNN Website are currently available without charge. SNN may charge a fee for access to or use of this SNN Website, or any SNN Internet Service available on this SNN Website at any time in the future. Your access to or use of this SNN Website prior to the imposition of a fee does not entitle you to the continued use of this SNN Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SNN WEBSITE AND/OR SNN INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SNN WEBSITE OR SNN INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SNN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SNN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SNN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SNN WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. SNN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SNN WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

SNN IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR SNN INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Certain Regulatory Matters

This SNN Website and its contents are not to be construed, under any circumstances, as an offer to sell or a solicitation to buy or effect transactions in any securities. No investment advice is provided or should be construed to be provided herein. This SNN Website and its owners, employees and affiliates are not, nor do any of them claim to be, registered broker-dealers or registered investment advisors.

This SNN Website may contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements other than statements of historical fact are “forward-looking statements” for purposes of federal and state securities laws, including, but not limited to, any projections of earnings, revenue or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new services or developments; any statements regarding future economic conditions or performance; any statements of belief; and any statements of assumptions underlying any of the foregoing. Such forward-looking statements of or concerning the companies mentioned herein are subject to numerous uncertainties and risk factors, including uncertainties and risk factors that may not be set forth herein, which could cause actual results to differ materially from those stated herein. Accordingly, user of this SNN Website are cautioned not to place undue reliance on such forward-looking statements. This SNN Website undertakes no obligation to update any forward-looking statements that may be contained herein.

The owners, employees and affiliates of this SNN Website, and their families, may have investments in companies featured on this SNN Website, may purchase securities of companies featured on this SNN Website and may sell securities of companies featured on this SNN Website, at any time and from time to time. However, it is the general policy of this SNN Website that such persons will refrain from engaging in any pre-publication transactions in securities of companies featured on this SNN Website until two trading days following the publication date.

This SNN Website may contain company advertisements/advertorials, which are indicated as such. Information about a company contained in an advertisement/advertorial has been furnished by the company, the owner/operator of this SNN Website has not made any independent investigation of the accuracy of any such information and no warranty of the accuracy of any such information is provided by this SNN Website, its owners, employees and affiliates. Pursuant to Section 17(b) of the Securities Act of 1933, as amended, in situations where the owners, employees or affiliates of this SNN Website have received consideration for the advertisement/advertorial of a company or security, such fact will be disclosed in print.

This SNN Website may also contain company profile pages, which are indicated as such. Information about a company contained on a company profile page has been furnished by the company, the owner/operator of this SNN Website has not made any independent investigation of the accuracy of any such information and no warranty of the accuracy of any such information is provided by this SNN Website, its owners, employees and affiliates. Pursuant to Section 17(b) of the Securities Act of 1933, as amended, in situations where the owners, employees or affiliates of this SNN Website have received consideration for a company profile page or security, such  fact will be disclosed in print.

Users of this SNN Website should always conduct their own due diligence before making any investment decision regarding the companies and securities mentioned on this SNN Website. Investment in securities generally, and many of the companies and securities mentioned on this SNN Website from time to time, are speculative and carry a high degree of risk.

Submissions

You may participate in an SNN Interactive Service by agreeing to this Agreement and the Interactive Service Additional Terms set forth below, and by completing the registration form. Thereafter, you may post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this SNN Website) (collectively “User Content”) to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this SNN Website (collectively “Forums”). You are solely responsible for such User Content. SNN accepts no responsibility whatsoever in connection with or arising from such User Content. If you do not agree to this Agreement and such Interactive Service Additional Terms, you may not participate in the SNN Interactive Service.

You agree that you will not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);
• Solicit personal information from anyone under age 18;
• Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• Publicly post information that poses or creates a privacy or security risk to any person;
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through any SNN Website, or any postings which advocate illegal activity;
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
• Deliver, or provide links to, any postings containing defamatory, false or libelous material, contains nudity or a link to an adult website;
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
• Use this SNN Website or the SNN Interactive Service in any manner that could damage, disable, overburden, or impair or otherwise interfere with the use of the SNN Website or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
• Attempt to gain unauthorized access to this SNN Website, any related website, other accounts, computer system, or networks connected to this SNN Website, through hacking, password mining, or any other means; or
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this SNN Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the SNN Website using your account. Any violation of these provisions can subject your SNN account to immediate termination and, possibly, further legal action.

SNN does not endorse, does not control and is not responsible for any notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files delivered to any SNN Website by you or other users. SNN is not obligated to and does not regularly review, monitor, delete, or edit postings. However, SNN may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. SNN is not responsible or liable for damages of any kind arising from any postings even when SNN has been advised of the possibility of such damages, or from SNN’s deletion of any posting. Nonetheless, SNN may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. SNN may terminate your membership or restrict, suspend, or terminate your access to any part of the SNN Internet Services if SNN determines, in its sole discretion, that you have violated this Agreement or pose a threat to SNN and/or the users of the SNN Internet Services.

The information and opinions expressed in postings on this SNN Website are not necessarily those of SNN or its affiliated or related entities, content providers, advertisers, sponsors, and SNN makes no representations or warranties regarding that information or those opinions. SNN does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the SNN Website automatically and immediately become the property of SNN without any obligation of confidentiality. SNN shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that SNN does not retain ownership of any User Content, then you hereby expressly grant to SNN a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the User Content for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

By submitting any material or photographs to or through this SNN Website, you are granting permission to have this material posted on this SNN Website and other SNN Websites, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. SNN may remove access to infringing material. Such actions do not affect or modify any other rights SNN may have under law or contract.

You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You will not permit any other user of this SNN Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of this SNN Website by any other person.

You release SNN, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

 

Unsolicited Submissions

SNN does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SNN’s policy is to simply delete any such submission without reading it or forwarding it to other SNN staff. Therefore, any similarity between an unsolicited submission and any elements in any SNN creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

Notwithstanding the forgoing, if unsolicited submissions are sent to SNN through this SNN Website or through the SNN Interactive Services, these submissions become the property of SNN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SNN sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SNN, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Links

This SNN Website may contain links to websites operated by third parties. SNN does not monitor or control these sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply SNN’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, that site.

Software Available Through SNN Websites

Any software that is made available to view and/or download in connection with an SNN Internet Service (the “Software”) is owned or controlled by SNN and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. SNN is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.

With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the SNN Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.

Third-Party Merchants

This SNN Website may enable you to order and receive products, information and services from businesses that are not owned or operated by SNN. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. SNN does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. SNN is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the SNN Internet Service.

Modification/Termination by SNN

SNN may, in its sole discretion, modify, suspend, or terminate this SNN Website and/or any portion thereof, including any SNN Internet Service, and/or your account, password, or use of any SNN Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for an SNN Internet Service removes your authorization to use the SNN Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, SNN shall not be liable to you or any third-party for any termination of your access to an SNN Internet Service.

Employment Opportunities

SNN may, from time to time, post SNN employment opportunities on the SNN Website and/or invite users to submit resumés to the SNN Website. If you choose to submit your name, contact information, resume and/or other personal information to SNN in response to employment listings, you are authorizing SNN to utilize this information for all lawful and legitimate hiring and employment purposes. SNN also may, in its sole discretion, forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the SNN Website shall constitute a promise by SNN to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the SNN Website constitute a promise that SNN will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.

Interactive Services

This SNN Website may offer certain SNN Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively the “SNN Interactive Services”). If an SNN Website offers such Interactive Services, there will be separate Interactive Service Additional Terms applicable to such Interactive Services.

Subscription Services

This SNN Website may offer certain SNN Subscription Services such as newsletters (collectively “SNN Subscription Services”). By registering for an SNN Subscription Service, you will be subject to any charges and rules set forth in the description of that SNN Subscription Service.

Premium Services

Some SNN Internet Services accessible through this SNN Website, including certain SNN Interactive and Subscription Services (the “SNN Premium Service”), may be offered to you conditioned on your payment of a fee. By using the SNN Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that Premium Service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes

The specific rules and terms that apply to any contests or sweepstakes conducted by this SNN Website, can be found at the link for the particular contest or sweepstakes. Your participation in any SNN contest or sweepstakes is subject to those rules and terms.

Limitations on Liability

In no event shall SNN, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the SNN Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the SNN Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the SNN Website or any information, software, products, services, and related graphics obtained through the SNN Website; (vi) any transactions entered into through this SNN Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this SNN Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the SNN Website and SNN Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if SNN has been advised of the possibility of damages.

Indemnification

You will indemnify, defend, and hold harmless SNN, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this SNN Website and any related SNN Internet Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on this SNN Website or through the Services causes SNN to be liable to another. SNN may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with SNN in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this SNN Website by certain persons in certain countries may not be lawful, and SNN makes no representation that materials on this SNN Website are appropriate or available for use in locations outside the United States. If you choose to access this SNN Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this SNN Website. No software or any other materials associated with this SNN Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an SNN Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.