Last updated August 15, 2019.
Agreement to Terms
IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These terms cover the following sites:
These sites are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, text, photographs, and graphics on the Site, collectively, "Content," are owned, controlled by, or licensed to us, and are protected under copyright, trademark, and other intellectual property laws.
If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion to which you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site and the Content.
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity to agree to these Terms
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorized purpose;
- Your use of the Site will not violate any applicable law, regulation, or application industry ethical codes, rules, or other bylaws.
We reserve the right to terminate or suspend your account if these representations or warranties are untrue, inaccurate, not current, or incomplete.
User and Company Account Registration
You may be required to register with the Site.
If you have a Single User Account, in which only one user is licensed to access the Site, you agree to keep your username and password confidential and will be responsible for all use of your account and password.
If you have a Company Account, in which more than one user will be permitted to access the Site, you agree to keep the username and password confidential and will be responsible for all uses of the company account. All users under the Company Account are held accountable to these Terms.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access the Site for any purpose other than that purpose for which we make the Site available. The Site may not be used for any commercial purpose except for those approved of, in writing by us, prior to the commercial purpose occurring.
As a user of this Site, you agree not to:
- Retrieve data or other content from the Site to create or otherwise compile a database or directory without prior approval obtained in writing from us;
- Make any unauthorized use of the site, including collecting of usernames and/or email addresses from users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use a buying or purchasing agent to make purchases from this Site;
- Use the Site to advertise or offer to sell goods or services;
- Circumvent, disable, or otherwise interfere with the security features of the Site, including feature that prevent or restrict the use or copying of Content or enforce limitations on the use of the Site and/or the Content contained therein;
- Engage in unauthorized linking or framing of the Site;
- Make improper use of our support services;
- Attempt to impersonate another user or person or to use the username of another user;
- Interfer with, disrupt, or place an undue burden on the Site, its networks, or services connected with the Site;
- Sell, assign, or otherwise, transfer your profile;
- Attempt to or succeed at uploading, or otherwise transmitting viruses, Trojan horses, or other material that interferes with any other user's, or our, uninterrupted use and enjoyment of the Site;
- Use information obtained from the Site in order to harass, abuse, or harm another person;
- Use the Site as part of any effort to compete with use or otherwise use the Site and/or the Content for any revenue-generating purposes;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or a portion thereof;
- Delete the copyright or other proprietary marks or rights notice from any material;
- Copy or adapt the Site's software, including any and all code;
- Use the Site in a manner inconsistent with all applicable laws, rules, regulations, codes, or other applicable standards;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
If the parties are unable to resolve the dispute through information dispute resolution, the Dispute will be finally and exclusively arbitrated through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Rules for Arbitration of the American Arbitration Association ("AAA"), and the applicable Supplementary Procedures. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged for failure to do so. The arbitration will take place in Camden County, New Jersey. The parties may litigate to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If the Dispute proceeds in court rather than in arbitration, the Dispute shall be commenced within the state and federal courts located in Camden County, New Jersey, and the Parties hereby consent and waive all defenses of lack of personal jurisdiction, forum non conveniens with respect to venue and jurisdiction of such state and federal courts.
In no event, shall any Dispute be brought against the Company more than one (1) year after the cause of action arose.
Right to Make Corrections
We reserve the right to correct any typographical errors, inaccuracies, or omissions on the Site, including descriptions, pricing, availability, and all other information.
The Parties agree that the following Disputes are not subject to the provisions regarding information dispute resolution or arbitration:
Limitations of Liability
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OWNERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THIS SITE.
OUR LIABILITY TO YOU FOR ANY DISPUTE, CLAIM, OR CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERROR OR OMISSIONS IN ANY CONTENT AND/OR MATERIALS PROVIDED.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED SITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.
WE WILL NOT BE A PARTY OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses arising from (1) your contributions to the site, (2) your use of the Site, (3) breach of these Terms, (4) any breach of your representations and warranties, (5) your violation of the rights of a third party, (6) any over harmful act toward any other user of the Site with whom you connected via the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute forms of electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy the legal requirements that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED VIA THE SITE.
You waive any rights or requirements under statutes, rules, regulations, ordinances, or any other applicable laws or standard in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or to the granting of credits by any means other than electronically.
In the event that an competent arbitrator or a court of competent jurisdiction finds any term in this Agreement to be invalid, unenforceable, or illegal, that term shall be regarded as removed from these Terms to the extent of its unenforceability or illegality. These Terms shall be interpreted and enforced as if it did not contain the unenforceable clause to the extent of its unenforceability.
In order to resolve a complaint regarding the Site, or to receive further information about using the Site, please contact us at: email@example.com.