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TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve accomplished that -
and would ask that you let us know if you’d like to see improvements or
changes that would make it even easier for you to find the information you
need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our site
you automatically agree to them. Naturally, if you don’t agree, please do
not use the site. We reserve the right to make any modifications that we
deem necessary at any time. Please continue to check these terms to see
what those changes may be! Your continued use of this Web site means that
you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on this site, including, without limitation, text,
software, names, logos, trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and controlled by us.
You, the visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the materials, 3) you do
not use the materials in a manner that suggests an association with any of
our products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in any way
or for any other purpose unless you get our written permission first.
Neither may you add, delete, distort or misrepresent any content on the site.
Any attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it,
is considered licensed to you by us or third-party licensors for your
personal, non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title to the
software and to all of the associated intellectual-property rights. You’re
not allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to us through our site (other than information we
promise to protect under our privacy policy becomes and remains our
property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or anything
like them, we don’t have to pay you or anyone else for them. We will have
the exclusive ownership of all present and future rights to submissions of
any kind. We can use them for any purpose we deem appropriate to our mission,
without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY)
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if you
are still in a site operated by us or have moved to another site. We are
not responsible for the content or practices of third party sites that may
be linked to our site. When we provide links or references to other Web sites,
no inference or assumption should be made and no representation should be
inferred that we are connected with, operates or controls these Web sites.
Any approved link must not represent in any way, either explicitly or by
implication, that you have received the endorsement, sponsorship or support
of any of our sites or endorsement, sponsorship or support from us,
including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials obtained
from all our Web site, along with all related documentation and all copies
and installations. We may terminate this agreement at any time and without
notice to you, if, in its sole judgment, you breach any term or condition
of this agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And we are
entitled to terminate all or any part of any of its Web site without notice
to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the New Jersey, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate our and/or
our affiliates' intellectual property rights, we and/or our affiliates may
seek injunctive or other appropriate relief in any state or federal court
in our State, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: Jersey City, NJ. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at
the following location: Jersey City, NJ, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
We may modify these Terms of Use, and the agreement they create, at any
time, simply by updating this posting and without notice to you. This is
the ENTIRE agreement regarding all the matters that have been discussed.
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