ELIGIBILITY. The Website is hosted in the United States of America ("United States"). By entering the Website and viewing or utilizing the Materials therein, you acknowledge and agree that this Website and Materials are intended for viewing within the United States only and will only be construed and evaluated in conformity with the laws of the United States. The Company makes no representations whatsoever that the Website or the Materials contained therein are appropriate for locations outside the United States. If you utilize this Website or Materials from other jurisdictions or locations, you agree that you are solely responsible for compliance with any and all applicable laws, and agree to indemnify and hold the Company harmless for any liability arising from your use of the Website or Materials outside the United States. Use of the Website and Materials is void where prohibited.
COVENANTS OF USER. By using the Website and Materials, you, as a user of this Website ("User") represent, covenant, warrant and agree that:
All registration information that you may submit is truthful and accurate;
You will maintain the accuracy of such information;
You are 18 years of age or older;
Your use of the Website or Materials does not violate any applicable law or regulation.
TERM. This Agreement is perpetual, and shall remain in full force and effect while you use the Website or Materials.
FEES. Even though The Company does not currently charge for the use of its Website and Materials, you acknowledge that the Company reserves the right to charge for such services and to change its fees from time to time in its discretion. You will be notified accordingly if the Company chooses to charge for the use of its Website and Materials.
PASSWORD. If you submit your personal information to the Website, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized access to your password.
COMMERCIAL USE. The Website and Materials may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Illegal and/or unauthorized use of the Website or Materials, including collecting and redistributing the Materials for the purpose of sending unsolicited email or unauthorized framing of or linking to the Company Website is strictly prohibited. The Company explicitly reserves the right to take any and all administrative or appropriate legal action in response to any illegal or unauthorized use of the Website or Materials.
PROPRIETARY RIGHTS. The Company is the owner of the Website and the Materials posted thereupon, which is protected by copyright, trademark, patent, trade secret and other laws, for which the Company owns and retains all rights thereto. No portion of the Website or the Materials, including but not limited to the text, images, audio, video or digital files, may be used in manner, or for any purpose, without the Company’s express written consent, except as specifically stated herein. Without waiving any of the foregoing rights in any way, the Company hereby grants you a limited, revocable, non-sublicensable license to download and view one copy of the Material for your use. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Materials appearing on or through the Website without the Company’s prior written consent.
ILLEGAL/PROHIBITED ACTIVITY. The following is a non-exhaustive list exemplifying the kind of activity that is illegal or prohibited by the Company vis a vis the Website or Materials. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including without limitation, restricting a User’s access to the Website, Materials, or notifying the proper authorities of such activity:
Posting any file or communication that: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits any personal information including last names, mailing addresses, email addresses, social security numbers, phone numbers or URLs; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person's consent.
Using the Website or Materials to: engage in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertise or solicit business without the Company’s express written consent; contact, advertise to, solicit, or sell to any other User without such User’s prior explicit consent; or covering or obscuring the banner advertisements of the Website Company page via HTML/CSS or any other means.
Any automated or "back-end" use of the Website, such as using scripts;
Using any information obtained from the Website or Materials in order to harass, abuse, or harm another person; or
Using the Website or Materials in a manner inconsistent with this Agreement, or any and all applicable laws and regulations.
COPPA. The Children's Online Privacy Protection Act ("COPPA") and other federal laws and regulations restrict the collection, use and distribution of Personally Identifiable Information (defined below) from children under the age of thirteen (13). Services provided by the Company do not require children of any age to enter such information. If a child aged thirteen (13) or younger submits personal information to the Company and it learns that such personal information is that of a child under 13, the Company will attempt to delete the information as soon as possible. If you have any reason to believe that your child has provided any personally identifiable information to the Company please contact us immediately by clicking the following link. For the purposes of this Agreement, "Personally Identifiable Information" means individually identifiable information about a User collected online, including:
A first and last name;
A home or other physical address including a street name and a name of a city or town;
An email address;
A telephone number;
A Social Security number;
Any other identifier that permits the physical or online contacting of a User;
Information regarding the User or the parents of the User that The Company collects online and combines with an identifier described in this paragraph.
DISCLAIMER. Although the specifications, features, illustrations, equipment and other information contained on the Website or within the Materials are based upon up-to-date information, and while the Company makes all reasonable efforts to ensure that all Material on the Website and within the Materials is correct, accuracy cannot be guaranteed. Accordingly the Company makes no warranties or representations as to its accuracy. Except as may be expressly limited by federal, state or local law, the Website, and all information and Materials contained therein, is provided to you "as is" without warranty of any kind, either express or implied, which includes, but is not limited to: the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. The Website may contain links to other websites. The Company is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by The Company. When you access these third-party websites, you do so at your own risk. The Company takes no responsibility for third party advertisements that may be posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers. The Company is not responsible for the conduct, whether online or offline, of any User of the Website or Materials. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Materials. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet, the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from viewing the Website or downloading Materials therefrom. The Company shall not be responsible under any circumstances for any loss or damage, including personal injury or death, resulting from use of the Website, Materials, or from the conduct of any Users of the Website or Materials, whether online or offline. Except as specifically provided, the Company cannot guarantee and does not promise any specific results from use of the Website or Materials. This is an essential clause of the within Agreement, therefore, if you do not agree to be strictly bound by the same, please immediately leave the Website and cease and desist from any use of the Website or Materials.
LIMITATION ON LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE USE OF THE WEBSITE AND MATERIALS.
U.S. EXPORT CONTROLS. Software available in connection with the Website and Materials (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
DISPUTES. If there is any dispute about or involving the company, products/or services, you agree that the dispute shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey. Either the Company or you may demand that any dispute between the Company and you about or involving the Website or Materials must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Lebanon, New Jersey, USA, provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.
INDEMNITY. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your use of the Website or Materials in violation of this Agreement; any other breach of this Agreement; any breach of your representations and warranties set forth above; and/or if any content that you post on the Website subjects the Company to liability against another party.
SUBSEQUENT AGREEMENT. In order to participate in certain services offered by the Company, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
MODIFICATION TO AGREEMENT. The Company may periodically modify this Agreement. Such modification shall be effective upon posting to the Website. A notice will accompany any material changes to this Agreement on the Website. By continuing to utilize the Website after such modification, you will agree to be bound to any changes to this Agreement.
MISCELLANEOUS. This Agreement is accepted upon your use of the Website, and constitutes the entire agreement between you and the Company regarding the use of the Website and Materials. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. If any provision of this Agreement is found invalid or unenforceable pursuant to a decree or decision of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable according to its terms. If you are the representative of your institution or organizations, all references to "you" in this Agreement refers to the entity that you represent.
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