Ownership of This
Website
This website is owned and operated by Avantgarde Media
Inc. All of the content featured or displayed on this
website, including, but not limited to, text, graphics,
photographs, moving images, sound, and illustrations
("Content"), is owned by Michael Benabib.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS"
AND MICHAEL BENABIB /AVANTGARDE MEDIA INC EXCLUDES TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MICHAEL
BENABIB/ AVANTGARDE MEDIA INC WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE
FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS
WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT
ERROR. YOU, NOT Michael Benabib /AVANTGARDE MEDIA INC,
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise
required by applicable law, neither Michael Benabib
nor Avantgarde Media Inc, its directors, employees,
licensors, content providers, affiliates or other representatives
will be liable for damages of any kind (including, without
limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability
to use, or the performance of this website or the Content
whether or not we have been advised of the possibility
of such damages.
Michael Benabib uses reasonable efforts to ensure the
accuracy, correctness and reliability of the Content,
but we make no representations or warranties as to the
Content's accuracy, correctness or reliability.
There may be links to other websites from the Michael
Benabib website; however, these other websites are not
controlled by Michael Benabib and we are not responsible
for any content contained on any such website or any
loss suffered by you in relation to your use of such
websites. You waive any and all claims against Michael
Benabib regarding the inclusion of links to outside
websites or your use of those websites.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed
by the laws of the State of New York, USA, without reference
to its laws relating to conflicts of law and not including
the provisions of the 1980 United Nations Convention
on Contracts for the International Sale of Goods. Venue
for all disputes arising under this Agreement shall
lie exclusively in the Superior Courts of the State
of New York City County. Users of this website agree
that any and all disputes arising from the use of this
website, or the ordering of materials from this website,
shall be settled by binding arbitration. Notwithstanding
the foregoing, however, Michael Benabib shall have the
right to commence and prosecute any legal or equitable
action or proceeding before any non-US court of competent
jurisdiction to obtain injunctive or other relief in
the event that, in the opinion of Michael Benabib ,
such action is necessary or desirable.
No Waiver, Severability
No action of Michael Benabib , other than an express
written waiver or amendment, may be construed as a waiver
or amendment of any of these Terms and Conditions of
Use. Should any clause of these Terms and Conditions
of Use be found unenforceable, wherever possible this
will not affect any other clause and each will remain
in full force and effect.
We reserve the right to change these Terms and Conditions
of Use prices, information and available contractual
license terms featured on this website without notice.
These conditions set out the entire agreement between
Michael Benabib and you relating to your use of this
website.