Website Terms of Use
You are in #request.siteurl# (this "Web Site").
#request.sitename# provides this Web Site subject to the following terms
of use (these "Terms"). These Terms explain a contractual
agreement between you ("User," "You," "Your")
and #request.sitename# ("We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy of
these Terms for Your records. Please note, however, that We may
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information
about Our facilities, services, products, and related links to
meet Your needs (the "Content"). The Terms are meant
to protect all of Our visitors to this Web Site, and Your access
to and use of this Web Site signifies Your agreement with these
Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE
TERMS. We reserve the right, in Our sole discretion, to modify,
alter or otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon posting.
You agree to be bound by such modified, altered, and updated Terms
if You access or use this Web Site after We have posted notice
of such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link
to many other Web sites that may or may not be affiliated with
this Web Site and/or with Us. The other linked Web sites have
different terms of use that are not the same as these Terms. Your
access to and use of such linked Web sites through links provided
on this Web Site is governed by the terms of use and policies
of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about You is subject
to our Privacy Policy. For more information, please review Our Privacy Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web
Site, including, but not limited to, text, photographs, images,
illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property
rights (which are governed by United States and worldwide copyright
laws and treaty provisions, privacy and publicity laws, and communication
regulations and statutes). The Content is owned and controlled
by Us or Our affiliates, or by third party content providers,
merchants, sponsors and licensors (collectively the "Providers")
that have licensed their content or the right to market their
products and/or services to Us. Content on this Web Site or any
Web site owned, operated, licensed or controlled by the Providers
is solely for Your personal, non-commercial use. You agree to
abide by all additional copyright notices, information, or restrictions
contained in any Content. You may download a single copy of any
Content contained on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms, provided that
You maintain all copyright and other notices contained in such
Content.
You may not copy, reproduce, republish, upload, post, transmit,
distribute, and/or exploit the Content in any way (including by
e-mail or other electronic means) for commercial use without the
prior written consent of Us or the Providers. You may request
consent by contacting the web service provider for #request.siteurl#
at #thephonenumber# (. Your modification of the Content, use of
the Content on any other Web site or networked computer environment,
or use of the Content for any purpose other than personal, non-commercial
use, without the prior written consent of Us or the Providers,
violates the intellectual property rights and proprietary rights
You may not use on Your Web site any registered or unregistered
trademarks, service marks or copyrighted materials appearing on
this Web Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or
copyright. You may not frame, deep link, or otherwise incorporate
into another Web site any of the Content or other materials on
this Web Site without Our express prior written consent.
Violation of trademark and copyright laws may result in significant
civil liability or criminal penalties under United States and/or
worldwide copyright and trademark laws. You recognize that any
reproduction or use of Content, except as authorized by these
Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web
Site for any purpose that is unlawful or prohibited by these Terms,
including without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material. If You violate any of these Terms, Your permission
to use this Web Site immediately terminates without the necessity
of any notice. We retain the right to deny access to anyone at
Our discretion for any reason, including for violation of these
Terms.
You are solely responsible for Your Information, and We act as
a passive conduit for Your online distribution and publication
of Your Information. As used in these Terms, "Information"
means any information or data that You submit to this Web Site
and any information or data that is generated by this Web Site
as a result of Your use of this Web Site.
You agree to provide true, accurate, current and complete Information.
If You provide any Information that is untrue, inaccurate, not
current or incomplete (or We have reasonable grounds to suspect
that such Information is untrue, inaccurate, not current or incomplete),
We have the right to suspend or terminate Your access and activity,
and refuse any and all current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site,
and You agree not to use or permit others to use this Web Site,
for any of the following: (a) take any action that imposes an
unreasonable or disproportionately large load on the Web Site's
infrastructure, including but not limited to "spam"
or other such unsolicited mass e-mailing techniques; (b) disclose
to, or share with, the assigned confirmation numbers and/or passwords
with any unauthorized third parties or using the assigned confirmation
numbers and/or passwords for any unauthorized purpose; (c) attempt
to decipher, decompile, disassemble or reverse engineer any of
the software or HTML code comprising or in any way making up a
part of this Web Site; (d) upload, post, emailing or otherwise
transmitting any Information, Content, or proprietary rights that
You do not have a right to transmit under any law or under contractual
or fiduciary relationships; (e) violating any applicable local,
state, national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using any
robot, spider, intelligent agent, other automatic device, or manual
process to search, monitor or copy Our Web pages, or the Content
without Our prior written permission, provided that generally
available third party Web browser such as Netscape Navigator®
and Microsoft Internet Explorer® may be used without such
6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly
accessible areas of the Web Site, You agree that We have the right
to use, reproduce, modify, publish, perform and display such Information
(in whole or part) worldwide; provided that such use is subject
to the terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information and
may also disclose Information if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms; (c) respond to claims that any Information violates
the rights of third-parties; or (d) protect the rights, property,
or personal safety of Our business, employees, Providers, affiliates,
users, and/or the public.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third-party and/or other Web
sites not under Our control or operation (the "Linked Sites").
The links will let You leave this Web Site, and You access them
at Your own risk. You acknowledge that We provide the Linked Sites
for Your convenience and information only. We do not endorse nor
are We responsible for any content, information, or other related
materials found at any such Linked Sites or any links contained
within such Linked Sites, whether or not We are affiliated with
the owners of such Linked Sites. Moreover, We do not control any
use of content, information or other related material that You
provide to, or is collected and/or tracked by, such Linked Sites.
Such use by Linked Sites is governed by the terms of use statements
and/or privacy policies of such Linked Sites, not this Web Site,
and as a result may differ from Ours. You may not establish a
hyperlink to this Web Site or provide any links that state or
imply any sponsorship or endorsement of Your Web site by Us or
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through this Web Site,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties, or representations associated
with such dealings are solely between You and such advertiser.
You agree that We (and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by You as the result
of any such dealings or as the result of the presence of such
advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER
THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO
THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT
THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE
AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS
WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY
OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT
TO YOUR USE OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT
LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION
OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER
WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF
THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states
do not allow for the limitation of liability, so the foregoing
limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL
NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM:
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE
RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES.
The limitation of liability reflects the allocation of risk between
the parties. The limitations specified in this Section 10 will
survive and apply even if any limited remedy specified in these
Terms is found to have failed of its essential purpose. The limitations
of liability provided in these Terms inure to the benefit of Us
and the Providers, and to all respective officers, directors,
employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from the State
of New Jersey. It can be accessed from all 50 states, as well
as from other countries around the world. As each of these places
has laws that may differ from those of New Jersey, by accessing
this Web Site, You agree that these Terms and Your use of the
Web Site shall be governed in all respect by the internal substantive
laws of the State of New Jersey, without regard to conflict of
laws provisions and shall not be governed by the United Nations
Convention on the International Sale of Goods. You further submit
to exclusive jurisdiction and venue in the state and federal courts
located in the State of New Jersey for all disputes, cases and
controversies regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation that
materials on this Web Site are appropriate or available for use
in other locations, and accessing them from territories where
the Content is illegal is prohibited. Those who choose to access
this Web Site from other locations do so at their own risk and
are responsible for compliance with local laws, including laws
regarding the transmission of technical data exported from the
United States or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We
become aware of it, to any applicable government agencies. You
agree to indemnify, defend and hold Us and the Providers, Our
and their officers, directors, employees, affiliates, agents,
licensors, and suppliers harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees) resulting from Your use
of this Web Site, Your breach of any provision of these Terms
and/or any negligent acts, omissions or intentional wrongdoing
by You. Any such indemnification shall be conditioned on Our:
(a) notifying You in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof; (b) cooperating
with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled
to participate in such defense at Our own cost and expense.
13. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and
their officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities shall have
the right to assert and enforce these Terms directly against You
on its (or their own) behalf. Our failure to act with respect
to a breach by You or others does not waive Our right to act with
respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable,
such provision will be struck and the remaining provisions enforced.
Headings are for reference purposes only.
You and We are dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your fiduciary, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Us (including
the Providers), Our affiliated or related entities, and You, and
supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding,
the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE
TERMS.
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