For purposes of the Terms of Service, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by ERE, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site.

LICENSE TO USE THE SITE

ERE grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these Terms of Service. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these Terms of Service and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses, or any other means expressly prohibited by any provision of these Terms of Service or by law.

CHANGES TO SITE

ERE reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the Terms of Service, and/or the Privacy Policy, in whole or in part, at any time.

TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to ERE and are owned by ERE and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by ERE, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of ERE and/or its licensors and content providers and constitutes a violation of these Terms of Service. Any violation of copyright laws may be subject to severe civil and criminal penalties.

WEB LINKS

ERE sites may frame, and/or contain links to or advertisements about, non-ERE websites. Other sites may also reference, advertise, or link to ERE sites. ERE does not endorse or sponsor other websites and is not responsible for the content of such sites. ERE expressly disclaims any statements or assertions made on non-ERE websites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

JURISDICTION

The Site is controlled and operated by ERE from its offices within the State of New York, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or New York law and to personal jurisdiction in a court of competent jurisdiction in the State of New York for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any ERE Site or Service.

DISCLAIMER

THE SITE , SITE CONTENT, SITE CODE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ERE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ERE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE , SITE CONTENT, SITE CODE OR SERVICES, WILL BE UNINTERRUPTED OR ERROR- FREE , THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE , SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE , SITE CONTENT, SITE CODE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. ERE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE , THE SITE CONTENT, THE SITE CODE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE , SITE CONTENT, SITE CODE AND SERVICES, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ERE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE , SITE CONTENT OR SITE CODE, EVEN IF ERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE ERE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, ERE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ERE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO ERE, IF ANY, FOR ACCESSING THIS SITE .

SEVERABILITY

If any provision of the Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Effective July 7, 2006