Please read these Terms of and Conditions of Service carefully before accessing or using this site or any information or content or services available on this site (collectively "Materials"). By accessing or using the site or any Materials, you agree to be bound by these Terms of and Conditions of Service. If you do not agree to these terms, you may not download any Materials.

1. Intellectual Property.
All right, title and interest in and to all Materials, including without limitation text, graphics, logos and images, are and will remain the property of MediaQ, its licensors or its content suppliers, and those Materials are protected by U.S. and international copyright and trademark laws. You may download any Materials provided to you by MediaQ for your own internal use only on a single computer. You may not remove, obscure or fail to reproduce any copyright or proprietary rights notice associated with such Materials. You may not copy, publish, distribute, create derivative works of, or commercially exploit any of the Materials, or use this web site for any other purpose.

2. Trademarks.
MediaQ and the MediaQ logo and all other trademarks, servicemarks, and trade names appearing on this site are the property of MediaQ or their respective owners that have granted MediaQ the right to use such marks.

3. Third Party Companies and Products.
Any mention of any third party products, companies and/or web sites on this web site or links to any of the same is for information purposes only and constitutes neither an endorsement nor a recommendation. MediaQ provides such information and/or links to you for your convenience only and makes no representation or warranty regarding such information or any third party's content, products or services. MediaQ will have no responsibility or liability with respect to any such third party's content, products or services. All third party products mentioned on this site must be ordered directly from such third party on such third party's terms and conditions.

4. Disclaimer.
THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIAQ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH MATERIALS, INFORMATION AND CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF MEDIAQ IS ADVISED OF THE PURPOSE) AND NONINFRINGEMENT. IN ADDITION, MEDIAQ DOES NOT WARRANT THAT SUCH MATERIALS ARE CURRENT, COMPLETE, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT SUCH MATERIALS MAY CONTAIN TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability.
IN NO EVENT WILL MEDIAQ BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE OF THIS SITE, THE MATERIALS OR ANY THIRD PARTY CONTENT, PRODUCTS OR SERVICES DESCRIBED ON OR IN CONNECTION WITH THIS SITE, EVEN IF MEDIAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIAQ'S AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OF SERVICE OR IN CONNECTION WITH SUCH MATERIALS AND THIRD PARTY CONTENT, PRODUCTS AND SERVICES EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO MEDIAQ FOR THE MATERIALS OR ONE THOUSAND DOLLARS ($1,000). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Termination of Rights.
MediaQ may terminate your rights under these Terms and Conditions of Service in the event that you fail to comply with them. Upon notice of termination you will immediately destroy or return to MediaQ all copies of all Materials. The provisions of these Terms and Conditions relating to MediaQ's intellectual property ownership, disclaimers and limitations of liability will survive any termination of your rights under these Terms and Conditions.

7. General.
MediaQ reserves the right, at any time, to modify, alter or update these Terms of Use by updating the same and posting them at this address or otherwise providing you with notice of such change(s), and your continued use of the Materials will indicate your acceptance of such change(s). Except as described in the preceding sentence these Terms and Conditions may not be modified, altered or updated without the express written consent of the parties. These Terms and Conditions of Service constitute the entire agreement between you and us with regard to the subject matter set forth herein, and supersede any prior agreements between you and us, whether written or oral. You may also be subject to additional terms and conditions when you use affiliate services or third party content or software. These Terms and Conditions of Service and the relationship between you and us will be governed by California law, without regard to its conflict of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. You and we agree to submit to the exclusive jurisdiction and venue of the California state and U.S. federal courts located in and serving the City and County of San Francisco, California. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of the Terms and Conditions of Service shall remain in full force and effect.